Article XVI District Regulations

§ 420-100 Zoning districts established.

[Amended 3-16-2009 by Ord. No. 09-13; 3-15-2010 by Ord. No. 10-20; 9-19-2011 by Ord. No. 11-27; 6-17-2013 by Ord. No. 13-23; 4-7-2014 by Ord. No. 14-06; 4-17-2017 by Ord. No. 17-13; 7-20-2020 by Ord. No. 20-16; 7-20-2020 by Ord. No. 20-26; 4-11-2024 by Ord. No. 24-05; 1-27-2025 by Ord. No. 25-04; 8-11-2025 by Ord. No. 25-33; 10-27-2025 by Ord. No. 25-42]

Establishment. For the purpose of this chapter, the Village of Pleasant Prairie, Kenosha County, Wisconsin, is hereby divided into the following districts:

(1)

Basic zoning districts.

A-2 General Agricultural District

A-3 Limited Agricultural District

R-1 Rural Residential District

R-2 Urban Single-Family Residential District

R-3 Urban Single-Family Residential District

R-4 Urban Single-Family Residential District

R-4.5 Urban Single-Family Residential District

R-5 Urban Single-Family Residential District

R-6 Urban Single-Family Residential District

R-7 Attached Single-Family (Twin House) Residential District

R-8 Urban Two-Family Residential District

R-9 Multiple-Family Residential District

R-10 Multiple-Family Residential District

R-11 Multiple-Family Residential District

R-12 Manufactured/Mobile Home Park Residential District

B-1 Neighborhood Business District

B-2 Community Business District

B-3 Regional Retail Business District

B-4 Freeway Service Business District

B-5 Freeway Office District

B-6 Freeway Oriented Business Center District

M-1 Limited Manufacturing District

M-2 General Manufacturing District

M-3 Mineral Extraction and Landfill District

M-4 Power Generating District

M-5 Production Manufacturing District

I-1 Institutional District

PR-1 Neighborhood Park-Recreational and Other Open Space District

PR-2 Community Park-Recreational District

PR-3 Regional Park-Recreational

PR-4 Sports and Conservation Club District

C-1 Lowland Resource Conservancy District

C-2 Upland Resource Conservancy District

C-3 Natural and Scientific Area Resource Conservancy District

(2)

Overlay districts.

AGO General Agricultural Overlay District

UHO Urban Land Holding Overlay District

SSRO Sports Shooting Range Overlay District

LUSA Limited Urban Service Area Overlay District

PUD Planned Unit Development Overlay District

(3)

PDD Planned Development District.

District delineation. In determining which parcels of land shall be located in the above districts so as to accomplish the intended purpose of these districts, the Community Development Department and the Plan Commission shall make use of, without limitation due to enumeration, all pertinent resources, data, statistics, tables, charts and maps relating to existing land use, adjacent land use, soils, future development, and existing and proposed roads and utilities.

§ 420-101 (Reserved) [1]

[1]

Editor's Note: Former § 420-101, A-1 Agricultural Preservation District, as amended, was repealed 4-7-2014 by Ord. No. 14-06.

§ 420-102 A-2 General Agricultural District.

[Amended 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-06; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 8-11-2025 by Ord. No. 25-24]

Primary purpose and characteristics. The A-2 General Agricultural District is intended to provide for existing agricultural lands to continue until such time as the land is proposed to be developed for urban purposes pursuant to the Village Comprehensive Plan. No new district shall be established if municipal sewer and/or municipal water are available.

Permitted uses/structures.

(1)

Principal uses/structures. A combination of listed principal uses/structures are allowed on the property.

(a)

One single-family dwelling, which may include a private garage or carport attached to the dwelling.

(b)

Agricultural crops. An area managed and maintained to grow and harvest food crops or non-food crops (e.g., flowers and sod) for off-site retail sale/distribution or sale in a roadside stand.

(c)

Nursery or orchard. An area managed and maintained for on-site retail sales/distribution that may include a commercial greenhouse.

(d)

Livestock and bees. An area managed and maintained for the feeding, housing and care of livestock and bees, per § 420-39, for private or commercial purposes, excluding any unspecified permitted use per Subsection C below.

(e)

Riding stables (commercial), per §§ 420-39 and 420-86.

(f)

Farm related structures, excluding silos and storage bins, incidental to the agricultural use on the property (per § 420-86).

(g)

Commercial communication structures (as a principal or accessory use) per § 420-89.

(2)

Accessory uses/structures.

(a)

Roadside stands (per § 420-88.1).

(b)

Silos and grain/storage bins accessory to the agricultural use on the property, provided that the height does not exceed 100 feet and the structures meets the setback requirements pursuant to Subsection F(4) below.

(c)

Driveways (per § 420-46).

(d)

Fences (per Article XI).

(e)

The following accessory uses are allowed as incidental use/structure only after a single family dwelling is constructed on the property:

[1]

Detached garages or carports; gardening, tool or storage sheds; pergolas and gazebos (per § 420-86).

[2]

Home occupations (per Article VII).

[3]

Swimming pools/hot tubs (per Article XII).

[4]

Decks (per § 420-87).

[5]

Sport courts (per § 420-88).

[6]

Residential communication structures (per § 420-90).

[7]

Kennels (per § 420-39).

(f)

Solar energy system for individual users (per § 420-88.2).

Unspecified permitted uses. The Zoning Administrator shall have authority to approve a permitted use/structure not listed in Subsection B above if the proposed use/structure is similar in character to one or more of the listed permitted uses in this District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use/structure approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the A-2 District:

(1)

Any listed permitted use or conditional use specified in any zoning district that is not specifically listed in this District.

(2)

Any use specifically listed as an unspecified permitted use within any District that is not specifically listed in this District.

(3)

Any use listed in § 420-31 as prohibited use including but not limited to:

(a)

Egg production (commercial).

(b)

Fertilizer (production, sales, storage, mixing or blending) that is classified as a High-Hazard Group H use pursuant to Section 307 of the 2006 IBC, as amended from time to time, that constitutes a physical or health hazard in quantities in excess of those allowed in control areas constructed and located as required in Section 414 of the 2006 IBC, as may be amended from time to time.

(c)

Fur-bearing animals (keeping or raising).

(d)

Livestock sale facilities.

(4)

Farm implement business.

(5)

Slaughterhouse.

Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII for procedures and additional standards and requirements).

(1)

Feed lot, commercial.

Special licensed uses. Some uses require a special license approved by the Village Board and may only be operated pursuant to and in accordance with such license. The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.

Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses/structures in the A-2 District shall comply with the following dimensional standards:

(1)

Lot size: 10 acres minimum.

(2)

Lot frontage: 300 feet minimum on a public street.

(3)

Single-family dwelling shall comply with the standards set forth in § 420-108F of this chapter.

(4)

Setbacks for all structures unless otherwise provided:

(a)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

(b)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(c)

Side setback: 25 feet minimum.

(d)

Rear setback: 50 feet minimum.

(e)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses/structures in the A-2 District shall comply with the following design standards:

(1)

Number of principal single-family dwellings per lot: one maximum.

(2)

Number of farm related structures including silos and storage bins, incidental to the agricultural use on the property:

(a)

On lots that are 10 or more acres: no limit.

(b)

On lots that are less than 10 but at least five acres: five maximum.

(c)

On lots less than five acres: three maximum.

(3)

Number of detached garages or carports; gardening, tool or storage sheds; pergolas and gazebos incidental to a single family dwelling on the property:

(a)

On lots that are 10 or more acres: five maximum.

(b)

On lots that are less than 10 acres: five maximum.

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the A-2 District shall comply with the following operational standards to the extent applicable:

(1)

Compliance with Article IX of this chapter is required for any activities of the type specified in § 420-52.

(2)

Compliance with all applicable performance standards set forth in § 420-38 of this chapter.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-103 A-3 Limited Agricultural District.

[Amended 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-08; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 8-11-2025 by Ord. No. 25-24]

Primary purpose and characteristics. The A-3 Limited Agricultural District is intended to provide an area for the development of a hobby farm and limited farming and related agricultural uses; however, the land is intended to be developed for urban purposes pursuant to the Village's Comprehensive Plan. No new district shall be established if municipal sewer and/or municipal water are readily available.

Permitted uses/structures.

(1)

Principal uses/structures. More than one principal use/structure is allowed on the property.

(a)

One single-family dwelling, which may include a private garage or carport attached to the dwelling.

(b)

Commercial communication structures (as a principal or accessory use per § 420-89).

(2)

Accessory uses/structures. A permitted accessory uses/structures is only allowed on the property once the permitted single family dwelling is either present or under construction on the property, except for fences.

(a)

Agricultural crops. An area managed and maintained to grow and harvest food crops or non-food crops (e.g., flowers and sod) for off-site retail sale/distribution.

(b)

Farm related structures, excluding silos and storage bins, incidental to the agricultural use on the property (per § 420-86).

(c)

(d)

Driveways (per § 420-46).

(e)

Fences (per Article XI).

(f)

Detached garages or carports; gardening, tool or storage sheds; pergolas and gazebos (per § 420-86).

(g)

Home occupations (per Article VII).

(h)

Swimming pools/hot tubs (per Article XII).

(i)

Decks (per § 420-87).

(j)

Sport courts (per § 420-88).

(k)

Residential communication structures (per § 420-90).

(l)

Solar energy system for individual users (per § 420-88.2).

Unspecified permitted uses. The Zoning Administrator shall have authority to approve a permitted accessory uses/structures not listed in Subsection B above if the proposed accessory use/structure is similar in character to one or more of the listed permitted accessory uses/structures in this District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use/structure approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the permitted uses/structures specified in the A-2 General Agricultural District shall not be construed to be permitted uses/structures in the A-3 District. Furthermore, uses specifically prohibited in the A-2 District are also prohibited in the A-3 District.

Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses/structures in the A-3 District shall comply with the following dimensional standards to the extent applicable.

(1)

Lot size: five acres minimum.

(2)

Lot frontage: 300 feet minimum on a public street.

(3)

Single-family dwellings shall comply with the standards set forth in § 420-108F of this chapter.

(4)

Setbacks, unless otherwise specified, for all structures:

(a)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

(b)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(c)

Side setback: 25 feet minimum.

(d)

Rear setback: 50 feet minimum.

(e)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses/structures in the A-3 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal single-family dwellings per lot: one maximum.

(2)

Number of farm related structures, excluding silos and storage bins, incidental to the agricultural use per lot:

(a)

On lots that are five or more acres: five maximum.

(b)

On lots that are less than five acres: three maximum.

(3)

Number of private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use: three maximum.

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the A-3 District shall comply with the following operational standards to the extent applicable:

(1)

Compliance with Article IX of this chapter is required for any activities of the type specified in § 420-52A.

(2)

Compliance with all applicable performance standards set forth in § 420-38 of this chapter.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-104 (Reserved) [1]

[1]

Editor's Note: Former § 420-104, A-4 Agricultural Land Holding District, as amended, was repealed 3-15-2010 by Ord. No. 10-09.

§ 420-105 R-1 Rural Residential District.

[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No. 07-50; 7-20-2009 by Ord. No. 09-44; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 5-3-2021 by Ord. No. 21-07; 8-11-2025 by Ord. No. 25-25]

Purpose and characteristics. The R-1 Rural Residential District is intended to provide for single-family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and if more than five lots are created then in compliance with a Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

Community-based residential facility (CBRF) or adult family home (AFH) located in a single-family dwelling having a capacity of eight or fewer persons in conformance with all state statutory requirements.

(b)

One single-family dwelling, which may include a private garage or carport attached to the dwelling.

(c)

Commercial communication structures (per § 420-89).

(2)

Accessory uses/structures.

(a)

No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).

(b)

Home occupations (per Article VII).

(c)

Driveways (per § 420-46).

(d)

Swimming pools/hot tubs (per Article XII).

(e)

Fences (per Article XI).

(f)

Decks (per § 420-87).

(g)

Sport courts (per § 420-88).

(h)

Residential communication structures (per § 420-90).

(i)

A maximum of four horses (per § 420-39).

(j)

Solar energy system for individual users (per § 420-88.2).

(1)

Principal uses.

(a)

Community-based residential facility (CBRF) located in a single-family dwelling having nine but not more than 15 persons.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum area of five acres.

(2)

All lots shall have a minimum frontage of 300 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 150 feet, provided that there is at least 300 feet of width at the required building setback line.

Single-family dwelling standards.

(1)

No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).

(2)

The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 2,000 square feet with a minimum first floor area of 1,500 square feet.

(3)

The dwelling shall be set on a permanent enclosed foundation unless the soil-bearing capacity, as determined by a structural engineer, prohibits such foundation or if the dwelling is subject to the Coastal AE or AO Zone requirements of Chapter 430 of the Village Municipal Code that prohibits such foundation.

(4)

Placement of the dwelling unit shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.

(5)

For all one-story dwellings, the length-to-width ratio of the dwelling unit (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet), as measured at the foundation, shall not be greater than two to one (i.e., the length shall not be more than twice the width). The length of the dwelling unit is that side of the dwelling that is the longest, and the width is that side of the dwelling which is the shortest, as shown in Illustration 5 in Appendix A.[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

(6)

The minimum width of the dwelling unit shall be 28 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.[2]

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

(7)

The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.

(8)

Permitted roof surface materials (including accessory garages and carports) include wood or metal shakes; asphalt, fiberglass, composition, metal or wood shingles; clay, concrete, slate, or metal tiles; standing seam metal roof; or other appropriate roofing material as approved by the Village Zoning Administrator.

(9)

Permitted exterior materials (including accessory garages and carports) include brick, stone, wood, masonry, concrete, stucco, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.

(10)

The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(4)

Side setback: 25 feet minimum.

(5)

Rear setback: 50 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-106 R-2 Urban Single-Family Residential District.

Purpose and characteristics. The R-2 Urban Single-Family Residential District is intended to provide for single-family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and if more than five lots are created then in compliance with a Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

(b)

One single-family dwelling, which may include a private garage or carport attached to the dwelling.

(c)

Commercial communication structures (per § 420-89).

(2)

Accessory uses/structures.

(a)

No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).

(b)

Home occupations (per Article VII).

(c)

Driveways (per § 420-46).

(d)

Swimming pools/hot tubs (per Article XII).

(e)

Fences (per Article XI).

(f)

Decks (per § 420-87).

(g)

Sport courts (per § 420-88).

(h)

Residential communication structures (per § 420-90).

(i)

Solar energy system for individual users (per § 420-88.2).

(1)

Principal uses.

(a)

Community-based residential facility (CBRF) located in a single family dwelling having nine but not more than 15 persons.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum area of 40,000 square feet.

(2)

All lots shall have a minimum frontage of 150 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 75 feet, provided that there is at least 150 feet of width at the required building setback line.

Single-family dwelling standards.

(1)

No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).

(2)

The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 2,000 square feet with a minimum first floor area of 1,500 square feet.

Editor's Note: Said appendix is included as an attachment to this chapter.

(6)

The minimum width of the short side of a dwelling unit shall be 28 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.[2]

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineate wetland on the property.

(4)

Side setback: 25 feet minimum.

(5)

Rear setback: 50 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-107 R-3 Urban Single-Family Residential District.

Purpose and characteristics. The R-3 Urban Single-Family Residential District is intended to provide for single-family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and if more than five lots are created then in compliance with a Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

(b)

One single-family dwelling, which may include a private garage or carport attached to the dwelling.

(c)

Commercial communication structures (per § 420-89).

(2)

Accessory uses/structures.

(a)

No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).

(b)

Home occupations (per Article VII).

(c)

Driveways (per § 420-46).

(d)

Swimming pools/hot tubs (per Article XII).

(e)

Fences (per Article XI).

(f)

Decks (per § 420-87).

(g)

Sport courts (per § 420-88).

(h)

Residential communication structures (per § 420-90).

(i)

Solar energy system for individual users (per § 420-88.2).

(1)

Principal uses.

(a)

Community-based residential facility (CBRF) located in a single family dwelling having nine but not more than 15 persons.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum area of 20,000 square feet.

(2)

All lots shall have a minimum frontage of 100 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 50 feet, provided that there is at least 100 feet of width at the required building setback line.

Single-family dwelling standards.

(1)

No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).

(2)

The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.

Editor's Note: Said appendix is included as an attachment to this chapter.

(6)

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetland on the property.

(4)

Side setback: 10 feet minimum, except that if an attached garage is not constructed at the same time that the single-family dwelling is constructed, then a 15-foot side setback shall be required on at least one side.

(5)

Rear setback: 25 feet minimum.

Authorized sanitary sewer system: See § 420-32 of this chapter.

Authorized water supply system: See § 420-33 of this chapter.

§ 420-108 R-4 Urban Single-Family Residential District.

Purpose and characteristics. The R-4 Urban Single-Family Residential District is intended to provide for single-family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and if more than five lots are created then in compliance with a Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

(b)

One single-family dwelling, which may include a private garage or carport attached to the dwelling.

(c)

Commercial communication structures (per § 420-89).

(2)

Accessory uses/structures.

(a)

No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).

(b)

Home occupations (per Article VII).

(c)

Driveways (per § 420-46).

(d)

Swimming pools/hot tubs (per Article XII).

(e)

Fences (per Article XI).

(f)

Decks (per § 420-87).

(g)

Sport courts (per § 420-88).

(h)

Residential communication structures (per § 420-90).

(i)

Solar energy system for individual users (per § 420-88.2).

(1)

Principal uses.

(a)

Community-based residential facility (CBRF) located in a single family dwelling having nine but not more than 15 persons.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum of 15,000 square feet.

(2)

All lots shall have a minimum frontage of 90 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 45 feet, provided that there is at least 90 feet of width at the required building setback line.

Single-family dwelling standards.

(1)

No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).

(2)

The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.

Editor's Note: Said appendix is included as an attachment to this chapter.

(6)

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(4)

(5)

Rear setback: 25 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-109 R-4.5 Urban Single-Family Residential District.

[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No. 07-50; 7-20-2009 by Ord. No. 09-44; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 5-3-2021 by Ord. No. 21-07; 8-11-2025 by Ord. No. 25-25]

Purpose and characteristics. The R-4.5 Urban Single-Family Residential District is intended to provide for single-family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and if more than five lots are created then in compliance with a Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

(b)

One single-family dwelling, which may include a private garage or carport attached to the dwelling.

(c)

Commercial communication structures (per § 420-89).

(2)

Accessory uses/structures.

(a)

No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).

(b)

Home occupations (per Article VII).

(c)

Driveways (per § 420-46).

(d)

Swimming pools/hot tubs (per Article XII).

(e)

Fences (per Article XI).

(f)

Decks (per § 420-87).

(g)

Sport courts (per § 420-88).

(h)

Residential communication structures (per § 420-90).

(i)

Solar energy system for individual users (per § 420-88.2).

(1)

Principal uses.

(a)

Community-based residential facility (CBRF) located in a single family dwelling having nine but not more than 15 persons.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum of 12,500 square feet.

(2)

All lots shall have a minimum frontage of 80 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 45 feet, provided that there is at least 80 feet of width at the required building setback line.

Single-family dwelling standards.

(1)

No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).

(2)

The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.

Editor's Note: Said appendix is included as an attachment to this chapter.

(6)

The minimum width of the short side of a dwelling unit shall be 26 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.[2]

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetland on the property.

(4)

(5)

Rear setback: 25 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-110 R-5 Urban Single-Family Residential District.

Purpose and characteristics. The R-5 Urban Single-Family Residential District is intended to provide for single-family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and if more than five lots are created then in compliance with a Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

(b)

One single-family dwelling, which may include a private garage or carport attached to the dwelling.

(c)

Commercial communication structures (per § 420-89).

(2)

Accessory uses/structures.

(a)

No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).

(b)

Home occupations (per Article VII).

(c)

Driveways (per § 420-46).

(d)

Swimming pools/hot tubs (per Article XII).

(e)

Fences (per Article XI).

(f)

Decks (per § 420-87).

(g)

Sport courts (per § 420-88).

(h)

Residential communication structures (per § 420-90).

(i)

Boathouses adjacent to Lake Michigan [per § 420-139B(1)(d)].

(j)

Davits adjacent to Lake Michigan [per § 420-139B(1)(h)].

(k)

Solar energy system for individual users (per § 420-88.2).

(1)

Principal uses.

(a)

Community-based residential facility (CBRF) located in a single family dwelling having nine but not more than 15 persons.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum of 10,000 square feet.

(2)

All lots shall have a minimum frontage of 75 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 40 feet, provided that there is at least 75 feet of width at the required building setback line.

Single-family dwelling standards.

(1)

No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).

(2)

The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 1,200 square feet with a minimum first floor area of 900 square feet.

Editor's Note: Said appendix is included as an attachment to this chapter.

(6)

The minimum width of the short side of a dwelling unit shall be 24 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.[2]

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetland on the property.

(4)

(5)

Rear setback: 25 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-111 R-6 Urban Single-Family Residential District.

Purpose and characteristics. The R-6 Urban Single-Family Residential District is intended to provide for single family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and if more than five lots are created then in compliance with a Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

(b)

One single-family dwelling, which may include a private garage or carport attached to the dwelling.

(c)

Commercial communication structures (per § 420-89).

(2)

Accessory uses.

(a)

No more than a total of two detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).

(b)

Home occupations (per Article VII).

(c)

Driveways (per § 420-46).

(d)

Swimming pools/hot tubs (per Article XII).

(e)

Fences (per Article XI).

(f)

Decks (per Section 420-87).

(g)

Sport courts (per § 420-88).

(h)

Residential communication structures (per § 420-90).

(i)

Solar energy system for individual users (per § 420-88.2).

(1)

Principal uses.

(a)

Community-based residential facility (CBRF) located in a single family dwelling having nine but not more than 15 persons.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum area of 6,000 square feet.

(2)

All lots shall have a minimum frontage of 60 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 30 feet, provided that there is at least 60 feet of width at the required building setback line.

Single-family dwelling standards.

(1)

No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).

(2)

The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 1,200 square feet with a minimum first floor area of 700 square feet.

Editor's Note: Said appendix is included as an attachment to this chapter.

(6)

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetland on the property.

(4)

Side setback: eight feet minimum, except that if an attached garage is not constructed at the same time that the single-family dwelling is constructed, then a 15-foot side setback shall be required on at least one side.

(5)

Rear setback: 25 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-112 R-7 Attached Single-Family (Twin House) Residential District.

[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No. 07-50; 7-20-2009 by Ord. No. 09-44; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-16; 5-3-2021 by Ord. No. 21-07; 8-11-2025 by Ord. No. 25-25]

Purpose and characteristics. The R-7 District is intended to accommodate two attached single-family dwelling units or a twin house wherein each dwelling unit is located on its own property and are separated by a fire wall which establishes the common lot line. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and Conceptual Plan provided that a minimum of 10 lots is created/rezoned.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

One single-family dwelling, with an attached private garage, that is attached to another single-family dwelling with an attached private garage, wherein each dwelling with its attached garage is located on its own property separated by a fire wall.

(b)

Commercial communication structures (per § 420-89).

(c)

(2)

Accessory uses/structures.

(a)

No more than one detached structure: gardening, tool, and storage sheds or gazebos incidental to the residential use, less than 150 square feet (per § 420-86).

(b)

Home occupations (per Article VII).

(c)

Driveways (per § 420-46); except that the driveway setback to a common lot line shall be a minimum of two feet.

(d)

Fences (per Article XI).

(e)

Swimming pools and hot tubs (per Article XII).

(f)

Deck, porch, steps or stairs (per § 420-87).

(g)

Residential communication structures (per § 420-90).

(h)

Solar energy system for individual users (per § 420-88.2).

Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties. (see Article XVIII for procedures and additional standards and requirements).

(1)

Principal uses.

(a)

Community-based residential facility (CBRF) located in a single family dwelling having nine but not more than 15 persons.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

All lots shall have a minimum area of 8,000 square feet.

(2)

All lots shall have a minimum frontage of 70 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 45 feet, provided that there is at least 70 feet of width at the required building setback line.

Dwelling design standards.

(1)

Both units of a twin house shall be constructed at the same time and shall be issued a certificate of occupancy at the same time.

(2)

Prior to the issuance of a permit for the construction of a twin house, a building maintenance agreement shall be prepared, executed by both property owners and recorded at the Kenosha County Register of Deeds to ensure equal and reasonable building maintenance and repair schedules for both attached dwelling units.

(3)

If site and landscaped maintenance is shared by both owners of a twin house, then prior to the issuance of a permit for the construction of a twin house, a site and landscape access and maintenance agreement shall be prepared to clearly define the site and landscape maintenance responsibilities of each lot owner. The agreement shall be recorded at the Kenosha County Register of Deeds by the owners of both lots to ensure equal and reasonable site and landscape access and maintenance for both lots are established.

(4)

Prior to issuance of any permits, a 10-foot-wide maintenance access easement, five feet on each side of the shared common lot line, to allow for normal maintenance of each single-family unit shall prepared, executed by both property owners and recorded at the Kenosha County Register of Deeds.

(5)

No building or parts of a building shall exceed 35 feet in height.

(6)

The minimum floor area of each dwelling unit, excluding the garage, decks, porches and basement, shall be 1,000 square feet with a minimum first floor area of 700 square feet. The total area of each dwelling unit, excluding the garage, decks, porches and basements shall not exceed 2,500 square feet.

(7)

At a minimum each dwelling unit shall include a two-car attached garage wherein each attached garage shall have a minimum depth of 21 feet and a maximum floor area of 500 square feet.

(8)

The common wall separating the two dwelling units shall be a minimum of a one-hour fire wall with sound attenuation that extends from the lowest level upward to be flush against the underside of the roof, pursuant to the state building code requirements.

(9)

Only one of the dwelling units of a twin house overhead garage door(s) shall face a public/private street; thus requiring one of the dwelling units to have a side loaded garage; except for a twin house wherein each unit is adjacent to a different public/private street then each dwelling unit is allowed to have its overhead garage doors(s) face the adjacent public/private street.

(10)

Each dwelling shall be set on a permanent enclosed foundation with a full basement (eight-foot minimum) constructed per the Wisconsin Uniform Dwelling Code, unless the soil-bearing capacity does not allow for such a foundation, as determined by a structural engineer, or if the dwelling is subject to the Coastal AE or AO Zone requirements of Chapter 430 of the Village Municipal Code that prohibits such foundation.

(11)

Placement of each dwelling unit shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.

(12)

The main roof of each dwelling unit shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.

(13)

(14)

Permitted exterior siding materials (including attached accessory garages and carports) include: brick, stone, wood, stucco, vinyl or other appropriate siding material as approved by the Village Zoning Administrator. The exterior siding materials shall extend to the top of the foundation and within six inches above the final grade.

(15)

The front facade of the building shall be parallel to the adjacent public street (or, if the street is curved, parallel to a line connecting the points of intersection of the side lot lines with street right-of-way line), unless the site is five acres or more in area and the building is set back a minimum of 100 feet from all property lines, in which case the building can be appropriately oriented relative to other surrounding features; or with approval of the Zoning Administrator, if the site is subject to physical or legal limitations which prevent the building from being parallel to the public street, in which case care shall be given to create a sense of harmony between the building and its surroundings.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 25 feet from nonarterial streets or private roads.

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(4)

Side setback: no setback to common attached wall between the two attached dwelling units and 10 feet minimum to nonattached dwelling side.

(5)

Rear setback: 25 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-113 R-8 Urban Two-Family Residential District.

[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No. 07-50; 7-20-2009 by Ord. No. 09-44; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-25; 5-3-2021 by Ord. No. 21-07; 8-11-2025 by Ord. No. 25-25]

Primary purpose and characteristics. The R-8 Urban Two-Family Residential District is intended to provide for two-family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and Conceptual Plan provide that a minimum of 10 lots is created/rezoned.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

One two-family structure (two attached units) which shall include private garages attached to the structure.

(b)

Commercial communication structures per § 420-89.

(c)

Community-based residential facility (CBRF) or adult family home (AFH) located in a two-family structure having a capacity of eight or fewer persons in conformance with all state statutory requirements.

(2)

Accessory uses/structures.

(a)

No more than a total of two of the following detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use per § 420-86.

(b)

Home occupations per Article VII.

(c)

Driveways per § 420-46.

(d)

Swimming pools and hot tubs per Article XII.

(e)

Fences per Article XI.

(f)

Decks and porches per § 420-87.

(g)

Residential communication structures per § 420-90.

(h)

Solar energy system for individual users per § 420-88.2.

(1)

Principal uses.

(a)

Community-based residential facility (CBRF) located in a two-family structure having nine but not more than 15 persons.

Unclassified uses. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum area of 20,000 square feet.

(2)

Two Family Structure design standards.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The minimum floor area of the two-family structure (excluding garages, decks and porches) shall be 2,000 square feet or 1,000 square feet per unit, with the minimum first floor area of the structure being 1,500 square feet.

(3)

The structure shall be set on a permanent enclosed foundation with a full basement unless the soil-bearing capacity, as determined by a structural engineer, prohibits such foundation or if the dwelling is subject to the Coastal AE or AO Zone requirements of Chapter 430 of the Village Municipal Code that prohibits such foundation.

(4)

Placement of the structure shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.

(5)

The main roof of the building shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.

(6)

(7)

Permitted exterior siding materials (including attached garages) include brick, stone, stucco, wood, cement board, vinyl or other appropriate siding material as approved by the Village Zoning Administrator. At a minimum, 50% of each wall surface, excluding windows, doors and garage doors, shall be constructed of brick or stone. The exterior siding materials shall extend to the top of the foundation and be within six inches above the final grade.

(8)

The front facade of the building shall be parallel to the adjacent public street (or, if the street is curved, parallel to a line connecting the points of intersection of the side lot lines with the street right-of-way line), unless the site is a minimum of five acres in area and the building is set back a minimum of 100 feet from all property lines, in which event the building can be appropriately oriented relative to other surrounding features; or with approval of the Zoning Administrator, if the site is subject to physical or legal limitations which prevent the building from being parallel to the public street; in which event care shall be taken to create a sense of harmony between the building and its surroundings.

(9)

At a minimum each dwelling unit shall include a one-car attached garage and shall not include more than a three-car attached garage wherein each attached garage shall have a minimum depth of 21 feet and a maximum floor area of 500 square feet. The attached garage shall not be rented separately from the residential unit. No more than four overhead garage doors per structure shall face directly toward a public right-of-way or private street; this includes four single overhead garage doors or one double and two single overhead garage doors or two double garage doors.

(10)

All exterior additions or alterations shall be constructed of the same or complementary colors and materials and in the same architectural style as the principal structure.

(11)

A minimum of 50% of the lot shall remain as open space.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads.

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineation wetland on the property.

(4)

Side setback: 10 feet minimum.

(5)

Rear setback: 30 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-114 R-9 Multiple-Family Residential District.

Primary purpose and characteristics. The R-9 Multiple-Family Residential District is intended to provide for multiple-family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

One multiple-family building not to exceed four dwelling units per building, which shall include private garages attached to the building.

(b)

Commercial communication structures per § 420-89.

(2)

Accessory uses/structures.

(a)

No more than a total of two of the following detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use per § 420-86.

(b)

Home occupations per Article VII.

(c)

Driveways per § 420-47.

(d)

Fences per Article XI.

(e)

Decks and porches per § 420-87.

(f)

Residential communication structures per § 420-90.

(g)

Solar energy system for individual users per § 420-88.2.

(1)

Principal uses.

(a)

Community living arrangements within a multiple-family building.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum area of 43,560 square feet (one acre).

(2)

All lots shall have a minimum frontage of 200 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 100 feet, provided that there is at least 200 feet of width at the required building setback line.

Multi-family building design standards.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The units in the building shall meet the following requirements:

(a)

Efficiency units shall have a minimum floor area of 400 square feet;

(b)

One-bedroom units shall have a minimum floor area of 650 square feet;

(c)

Two-bedroom units shall have a minimum floor area of 1,000 square feet; and

(d)

Three-or-more-bedroom units shall have a minimum floor area of 1,200 square feet.

(3)

Placement of each building shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.

(4)

(5)

(6)

Permitted exterior siding materials (including attached garages) include brick, stone, wood, cement board other appropriate siding material as approved by the Village Zoning Administrator. At a minimum, 50% of each wall surface, excluding windows, doors and garage doors, shall be constructed of brick or stone. The exterior siding materials shall extend to the top of the foundation and be within six inches above the final grade.

(7)

The front facade of the building shall be parallel to the adjacent public street (or, if the street is curved, parallel to a line connecting the points of intersection of the side lot lines with the street right-of-way line), unless the site is a minimum of five acres in area and the building is set back a minimum of 100 feet from all property lines, in which event the building can be appropriately oriented relative to other surrounding features; or with approval of the Zoning Administrator, if the site is subject to physical or legal limitations which prevent the building from being parallel to the public street; in which event care shall be taken to create a sense of harmony between the building and its surroundings.

(8)

At a minimum each dwelling unit shall include a one-car attached garage and shall not include more than a three-car attached garage wherein, each attached garage shall have a minimum depth of 21 feet and a maximum floor area of 500 square feet. The attached garage shall not be rented separately from the residential unit. No overhead garage doors shall face directly toward any public right-of-way.

(9)

All exterior additions or alterations shall be constructed of the same or complementary colors and materials and in the same architectural style as the principal structure.

(10)

A minimum of 25% of the lot shall remain as open space.

(11)

All buildings with more than four livings units shall be equipped with a fire suppression system as approved by the Village Fire & Rescue Department.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(4)

Side setback: 20 feet minimum.

(5)

Rear setback: 30 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

Hours for deliveries, or any other activities outside the principal building that might cause a disturbance to neighboring residential areas (e.g., outside loading or unloading, the arrival of deliveries, idling of delivery trucks, beeping of backing vehicles, and garbage pickup), except for snow removal: 7:00 a.m. to 10:00 p.m. maximum.

§ 420-115 R-10 Multiple-Family Residential District.

Primary purpose and characteristics. The R-10 Multiple-Family Residential District is intended to provide for multiple-family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

One multiple-family building not to exceed eight units per building, which shall include private garages attached to the structure.

(b)

Commercial communication structures per § 420-89.

(2)

Accessory uses/structures.

(a)

No more than one of the following detached structures: private garages per § 420-86.

(b)

No more than two of the following detached structures: gardening, tool, and storage sheds or gazebos incidental to the residential use per § 420-86.

(c)

Home occupations per Article VII.

(d)

Driveways per § 420-47.

(e)

Fences per Article XI.

(f)

Decks and porches per § 420-87.

(g)

Residential communication structures per § 420-90.

(h)

Solar energy system for individual users per § 420-88.2.

(1)

Principal uses.

(a)

Community living arrangements within a multiple-family building.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum area of 65,340 square feet (1.5 acres).

(2)

Multi-family building design standards.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The units in the building shall meet the following requirements:

(a)

Efficiency units shall have a minimum floor area of 400 square feet;

(b)

One-bedroom units shall have a minimum floor area of 650 square feet;

(c)

Two-bedroom units shall have a minimum floor area of 1,000 square feet; and

(d)

Three-or-more-bedroom units shall have a minimum floor area of 1,200 square feet.

Permitted exterior siding materials (including attached garages) include brick, stone, wood, cement board or other appropriate siding material as approved by the Village Zoning Administrator. At a minimum, 50% of each wall surface, excluding windows, doors and garage doors, shall be constructed of brick or stone. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.

(7)

The front facade of the building shall be parallel to the adjacent public street (or, if the street is curved, parallel to a line connecting the points of intersection of the side lot lines with the street right-of-way line), unless the site is a minimum of five acres in area and the building is set back a minimum of 100 feet from all property lines, in which event the building can be appropriately oriented relative to other surrounding features; or with approval of the Zoning Administrator, if the site is subject to physical or legal limitations which prevent the building from being parallel to the public street; in which event care shall be taken to create a sense of harmony between the building and its surroundings.

(8)

At a minimum each dwelling unit shall include a one-car attached garage and shall not include more than a three-car attached garage wherein each attached garage shall have a minimum depth of 21 feet and a maximum floor area of 500 square feet. The attached garage shall not be rented separately from the residential unit. If underground parking is provided, each unit shall be provided with one standard parking space in lieu of an attached garage. No overhead garage doors shall face directly toward a public right-of-way.

(9)

All exterior additions or alterations shall be constructed of the same or complementary colors and materials and in the same architectural style as the principal structure.

(10)

A minimum of 25% of the lot shall remain as open space.

(11)

All buildings with more than four livings units shall be equipped with a fire suppression system as approved by the Village Fire & Rescue Department.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(4)

Side setback: 25 feet minimum.

(5)

Rear setback: 50 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-116 R-11 Multiple-Family Residential District.

Primary purpose and characteristics. The R-11 Multiple-Family Residential District is intended to provide for multiple-family residential development. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, Neighborhood Plan and Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per property.

(a)

One multifamily building not to exceed 24 units per building, which shall include private garages attached to the building.

(b)

Commercial communication structures per § 420-89.

(2)

Accessory uses/structures.

(a)

No more than a total of three of the following detached structures: private garages per § 420-86.

(b)

No more than a total of two of the following detached structures: gardening, tool, and storage sheds or gazebos incidental to the residential use per § 420-86.

(c)

Home occupations per Article VII.

(d)

Driveways per § 420-47.

(e)

Fences per Article XI.

(f)

Decks and porches per § 420-87.

(g)

Residential communication structures per § 420-90.

(h)

Solar energy system for individual users per § 420-88.2.

(1)

Principal uses.

(a)

Community living arrangements within a multiple-family building.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Lot area, frontage and width.

(1)

Lots shall have a minimum area of 108,900 square feet (2.5 acres).

(2)

Multi-family building design standards.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The units in the building shall meet the following requirements:

(a)

Efficiency units shall have a minimum floor area of 400 square feet;

(b)

One-bedroom units shall have a minimum floor area of 650 square feet;

(c)

Two-bedroom units shall have a minimum floor area of 1,000 square feet; and

(d)

Three-or-more-bedroom units shall have a minimum floor area of 1,200 square feet.

Permitted exterior siding materials (including attached garages) include brick, stone, wood, cement board or other appropriate siding material as approved by the Village Zoning Administrator. At a minimum, 50% of each wall surface, excluding windows, doors and garage doors, shall be constructed of brick or stone. The exterior siding materials shall extend to the top of the foundation and be within six inches above the final grade.

(7)

The front facade of the building shall be parallel to the adjacent public street (or, if the street is curved, parallel to a line connecting the points of intersection of the side lot lines with the street right-of-way line), unless the site is a minimum of five acres in area and the building is set back a minimum of 100 feet from all property lines, in which event the building can be appropriately oriented relative to other surrounding features; or with approval of the Zoning Administrator, if the site is subject to physical or legal limitations which prevent the building from being parallel to the public street; in which event care shall be taken to create a sense of harmony between the building and its surroundings.

(8)

At a minimum each dwelling unit shall include a one-car attached garage and shall not include more than a three-car attached garage wherein, each attached garage shall have a minimum depth of 21 feet and a maximum floor area of 500 square feet. The attached garage shall not be rented separately from the residential unit. If underground parking is provided, each unit shall be provided with one standard parking space in lieu of an attached garage. No overhead garage doors shall face directly toward a public right-of-way.

(9)

All exterior additions or alterations shall be constructed of the same or complementary colors and materials and in the same architectural style as the principal structure.

(10)

A minimum of 25% of the lot shall remain as open space.

(11)

All buildings with more than four livings units shall be equipped with a fire suppression system as approved by the Village Fire & Rescue Department.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(4)

Side setback: 30 feet minimum.

(5)

Rear setback: 50 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-117 R-12 Manufactured/Mobile Home Park Residential District.

[Amended 7-20-2009 by Ord. No. 09-44; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 5-3-2021 by Ord. No. 21-07; 8-11-2025 by Ord. No. 25-26]

Purpose and characteristics. The R-12 Manufactured/Mobile Home Park Residential District is intended to provide lots for single family manufactured/mobile homes within a designated Manufactured/Mobile Home Park. Any new District shall not be created unless it is in compliance with the Comprehensive Plan, Neighborhood Plan and Conceptual Plan.

Permitted uses/structures.

(1)

Principal uses/structures. Only one principal use/structure is allowed per lot within a manufactured/mobile home park.

(a)

One individual manufactured/mobile home on a lot in a manufactured/mobile home park, which may include a private garage or carport attached to the home.

(b)

Commercial communication structures (per § 420-89).

(c)

One park management office.

(2)

Accessory uses/structures.

(a)

The following accessory uses/structures are only allowed on a lot in a manufacture/mobile home park after the manufactured/mobile home is located on the same lot.

[1]

No more than one detached gardening, tool or storage shed or gazebo incidental to the residential use on a manufactured/mobile home lot, provided that the storage building does not exceed 150 square feet and subject to the requirements in § 420-86 of this chapter.

[2]

Driveways (per § 420-46).

[3]

Swimming pools/hot tubs (per Article XII).

[4]

Decks (per § 420-87).

[5]

Solar energy system for individual users (per § 420-88.2).

[6]

Residential communication structures (per § 420-90).

(b)

Fences (per Article XI).

(c)

No more than one Park maintenance buildings provided that the building does not exceed 1,000 square feet (per § 420-86).

(d)

Recreational facilities such as swimming pools, pedestrian trails and tot lots to serve the units within the manufactured/mobile home park in locations as approved by the Zoning Administrator.

(e)

Bus shelter may be allowed provided that it is located a minimum of five feet from any property line adjacent to a public street or back of curb of a private street; a minimum of five feet from any side or rear exterior boundary of the park; a minimum of 10 feet from any existing building and shall not be located within a vision triangle. The bus shelter shall not exceed 50 square feet and 15 feet in height. The location, design and materials of said bus shelter is subject to the approval from the Village Zoning Administrator.

Unclassified uses. Any use not specifically listed as a permitted principal use or conditional use shall be considered to be prohibited. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.

Design standards for a manufactured/mobile home park created after January 1, 1999.

(1)

Park size: 10 acre minimum with a minimum frontage of 450 feet on a public street.

(2)

Lot area of each individual lot in a park: 7,700 square feet minimum.

(3)

Lot frontage for each individual lot in the park on a public or private street:

(a)

If the short side of the manufactured home/mobile home is parallel to the roadway, then the lot shall not be less than 70 feet in frontage unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 45 feet of frontage, provided that there is at least 70 feet of width at the required building setback line and provided that the lot is at least 110 feet deep.

(b)

If the long side of the manufactured home/mobile home is parallel to the roadway, the lot shall not be less than 95 feet in frontage unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 60 feet of frontage, provided that there is at least 95 feet of width at the required building setback line and provided that the lot is at least 85 feet deep.

(4)

Open space: 20% minimum excluding any individual lot to be used for open space and recreational uses for park residents.

(5)

The park shall be completely enclosed, except for permitted entrances and exits, with a 40 landscaped buffer area between individual lots and adjacent properties with a permanent evergreen planting, the individual trees to be of such number and so arranged that within 10 years they will have formed a dense screen. Such permanent planting shall be grown or maintained to a height of not less than 10 feet.

(6)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(7)

Compliance with Article IXA of this chapter related to Residential Development Plan approval.

(8)

Park management office is required. The size and design shall be approved by the Zoning Administrator. All setbacks per § 420-117G below shall apply.

(9)

Parks shall provide lot markers at the corners of each manufactured/mobile home lot. All lot markers shall be clearly marked on the ground by permanent flush stakes, markers or other suitable permanent means.

(10)

Compliance with Chapter 221, Manufactured/Mobile Homes, of the Village Code.

Manufactured/mobile home standards.

(1)

No building or parts of a building shall exceed 25 feet in height.

(2)

The minimum floor area shall be 600 square feet, excluding the garage, decks, and porches.

(3)

The unit shall be set on a temporary foundation.

(4)

Vented skirting of flame-resistant material for a manufactured/mobile home is required. Areas enclosed by such skirting shall be maintained so as not to provide a harborage for rodents or create a fire hazard. The skirting material shall be of the same material and style as the exterior siding and shall extend to the ground.

Setbacks, unless otherwise specified, for all structures.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(b).

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetlands with the Manufacture/Mobile Home Park.

(4)

Side setback: not less than eight feet to the side lot line of the manufactured/mobile home lot line; except as provided for in § 420-139B(7).

(5)

Rear setback: 20 feet minimum from the manufactured/mobile home lot line.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-118 B-1 Neighborhood Business District.

[Amended 1-15-2007 by Ord. No. 07-01; 8-17-2009 by Ord. No. 09-47; 4-18-2011 by Ord. No. 11-10; 10-24-2011 by Ord. No. 11-32; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 8-11-2025 by Ord. No. 25-27]

Purpose and characteristics. The B-1 Neighborhood Business District is intended to provide for a cluster of limited retail, service and office uses of a type and at a scale designed to serve the needs of the surrounding residential neighborhoods. B-1 Districts shall be located at the intersection of two arterial streets or highways. The territory in each B-1 District shall be contiguous (corner to corner shall be sufficient), exclusive of intervening streets, highways, navigable waterways and wetlands. The area of each B-1 District shall include at least one corner of the intersection and at least five acres but not more than 20 acres, both exclusive of intervening streets, highways, navigable waterways and wetlands; provided, however, that parcels zoned to a business classification as of January 1, 2002, which could appropriately be zoned B-1 but for the minimum district area requirement may nevertheless be zoned B-1. No such district shall be established unless it is in compliance with the Village Comprehensive Plan and if required, an approved Conceptual Plan.

Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-1 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and other Village ordinances and codes:

(1)

Retail uses. The limited retail sale of any of the following goods or products are permitted: apparel, shoes and accessories; art and antiques; art, educational and office supplies; audio and video recordings; automobile supplies (no service); bakery and sale of baked goods; books, cards, games, toys, newspapers and magazines; cameras and photographic supplies; cigarettes, tobacco and electronic vaping and related supplies (excluding a smoke shop); cosmetics and pharmaceuticals; flowers and plants (excluding a nursery or orchard); gifts, novelties, souvenirs and sundries; groceries; hobby and craft supplies (including fabric and frames); home improvement; household goods; jewelry; luggage; medical supplies (including eyewear and hearing aids); musical instruments and accessories; pet supplies (excluding the sale of pets); pharmacy; religious affiliated merchandise; and sporting goods and supplies (including camping supplies, bicycles and related accessories).

(2)

Service uses. The following limited service uses are permitted:

(a)

Eating establishments. An establishment that includes a casual or fine dining restaurant, banquet hall, cafe, cafeteria, coffee shop, diner, donut shop, fast food restaurant, ice cream/yogurt shop, snack bar, supper club. Alcoholic beverages may be served as an accessory use to the eating establishment. An eating establishment also allows for the sale of prepared food not consumed on the property. An eating establishment excludes a dinner theater, drive-in restaurant and a mobile food truck.

(b)

Consumer maintenance and repair service. An establishment that provides maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business) including laundry and dry cleaning, tailors, dressmakers, shoe repair, picture framing, locksmiths, upholstery, vacuum repair, electronics repair and similar establishments.

(c)

Instruction studio. An establishment that provides individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities including: dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

(d)

Recreational and entertainment uses:

[1]

Indoor commercial recreational and entertainment facility. An establishment that provides indoor activities such as but not limited to batting cages, bowling alley, indoor archery range, skating rinks, miniature golf, ax throwing, escape rooms, painting and pottery, health and athletic clubs, tennis, racquetball, handball courts, swimming pools, trampoline parks, arcades or community centers. Excluding an indoor shooting range.

[2]

Museum or art gallery.

(e)

Other services uses: beauty salon; caterer; day-care center; equipment rental center; financial institution; laundromat; library; mail and copy service; psychic/tarot card/astrology reading; recording studio; and tattoo or body piercing studio.

(3)

Office uses. The following office uses are permitted:

(a)

Business or professional offices: law offices, accounting, architectural and engineering firms, insurance companies, real estate offices, travel agencies, ticket sale offices, dispatch offices without on-site vehicles, skilled trade office without outside storage or vehicles or materials, research and development office, and other executive, corporate, management or administrative offices for businesses and corporations. Excluding a medical and health practitioner office or veterinarian office.

(b)

Medical and health practitioner offices: physicians, dentists, psychiatrists, psychologists, chiropractors and practitioners of massage therapy office uses with no surgical, inpatient or overnight care.

(4)

Commercial communication structures per § 420-89.

(5)

Utility substation building pursuant to the following standards:

(a)

The minimum lot size and frontage as specified in this district shall not apply; however, the lot shall be large enough to accommodate the applicable facilities associated with the substation building with a minimum lot frontage on a public street of 50 feet.

(b)

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

(c)

All utility substation building sites shall be landscaped, screened and marked with appropriate warning signs. The Plan Commission/Zoning Administrator may require the facility to be surrounded by a commercial fence.

(d)

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-1 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, and without limitation, the following uses shall not be construed to be permitted uses in the B-1 District:

(1)

Any listed permitted use or conditional use specified in any zoning district that is not specifically listed in this District.

(2)

Any use specifically listed as an unspecified permitted use within any District that is not specifically listed in this District.

(3)

Any use listed in § 420-31 as a prohibited use.

(4)

Adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.

Combination of uses. Except as otherwise specifically provided in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-1 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the B-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-1 District.

(2)

Conditional uses allowed in the B-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the B-1 District and their related accessory uses and conditional uses allowed in the B-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any other use or any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the B-1 District as of the effective date of Ordinance No. 03-23 (June 4, 2003), and any related accessory uses as of such date, may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-1 District are allowed, subject to Article IX and all other applicable provisions of this chapter and other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the B-1 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the B-1 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(2)

The following uses/structures are considered an accessory use in the B-1 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Canopy structure for passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 13'6" as measured from the ground to the underside of the canopy.

[2]

Setbacks for the structure shall be a minimum of 20 feet from property lines as measured from the further extent of the canopy provided that there is adequate clearance, as required by the Fire Chief, for any fire lanes.

[3]

The canopy supports shall be constructed of stone, brick or other material approved by the Zoning Administrator to match the building.

[4]

The underside of the canopy shall be enclosed or capped so that the structure of the canopy is not exposed. Any vents or other apparatus on the roof of the canopy shall be screened with an appropriate parapet wall or other roof structure.

(b)

Drive-through facility that offers service directly to occupants of passenger vehicles or automobiles subject to the following standards:

[1]

Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees are not classified as a drive-through facility.

[2]

If drive through incorporates a canopy structure for passenger vehicles or automobiles to drive under then the canopy structure shall also meet those requirements.

[3]

If a drive-through lane is not open, it should be marked that they are closed with an attractive movable sign and shall not be blocked with orange cones or other construction-related barricades.

[4]

Landscaping shall be utilized to screen the drive-through facility from all abutting properties.

[5]

Stacking lanes shall be provided to accommodate adequate stacking spaces and designed so that they do not interfere with parking and circulation, and do not extend into the right-of-way. Stacking lanes shall be clearly identified through the use of striping, landscaping and signs.

[6]

The drive-through facility shall not be located near other uses where the location of such facility would be detrimental to pedestrian convenience or safety.

[7]

The Plan Commission/Zoning Administrator may require additional measures to reduce the negative visual impact, and/or provide better circulation and parking so as to reduce the potential for accidents and impact the proposed use may have on neighboring development. Such measures may include, but are not limited to, increasing setbacks to property lines, increasing landscaping and screening requirements, redesign of parking areas, and relocation of entrances/exits.

(c)

Commercial greenhouse associated with an indoor retail use shall be located within an approved outdoor display of merchandise for sale related to the indoor retail use.

(d)

Outdoor display of merchandise for sale related to the indoor retail use subject to the following standards:

[1]

The outdoor area shall be attached to the building.

[2]

The outdoor area shall only be used for displaying merchandise for sale and not storage for the business.

[3]

The outdoor display area shall not be located within any street yard.

[4]

The area used for outdoor sales or display shall not exceed 10% of the building area/tenant area occupied by the business but in no case shall the outside area exceed 2,500 square feet.

[5]

The area shall be surrounded and enclosed with a decorative fence between six feet and 10 feet in height. Any outdoor area located adjacent to a parking lot, fire lane, maneuvering lane, drive-through facility will require that the fence incorporate appropriately spaced decorative pillars (acting as bollards) to define the area and provide separation of pedestrians and vehicles as approved by the Zoning Administrator. The Zoning Administrator may allow for concrete planters acting as bollards adjacent to the fence.

[6]

The fence area shall be setback a minimum of 20 feet from any side or rear property line; however, the Plan Commission or the Zoning Administrator may require greater setbacks if the area is located adjacent to any residential zoned property.

[7]

Landscaping shall be utilized to screen the outdoor area from abutting side and rear property lines.

[8]

No outside amplified sound, as defined in this chapter, is allowed outside of a building during the hours of 10:00 p.m. and 7:00 a.m. and further compliance with Chapter 250 of the Village Municipal Code is required.

[9]

The outside area shall be monitored by the required security camera system pursuant to Chapter 410 of the Village Municipal Code.

[10]

The Zoning Administrator or Plan Commission may require additional security measures to ensure the merchandise displayed is secured.

(e)

Outdoor seating or patio area and/or any other outdoor extension area associated with a liquor license subject to the following standards:

[1]

The area shall be surrounded and enclosed with a decorative fence between three feet and six feet in height. Any outdoor area located adjacent to a parking lot, fire lane, maneuvering lane, drive-through facility, public/private street requires that the fence incorporate appropriately spaced decorative pillars (acting as bollards) to define the area and provide separation of pedestrians and vehicles. The Zoning Administrator may allow for concrete planters acting as bollards adjacent to the fence.

[2]

The fence area shall be setback a minimum of 20 feet from any property line; however, the Zoning Administrator may require greater setbacks if the area is located adjacent to any residential zoned property and any public/private streets.

[3]

Landscaping shall be utilized to screen the outdoor area from abutting side and rear property lines.

[4]

Any tables and seating shall be kept within the enclosed area and shall be maintained and repaired/replaced as necessary.

[5]

[6]

Additional requirements may be imposed by the Village Board as part of any outdoor extension area associated with a liquor license pursuant to Chapter 194 of the Village Municipal Code.

(f)

Commercial communication structures per § 420-89.

(g)

Solar energy system for individual users per § 420-88.2.

(h)

Stormwater retention and detention facilities.

(3)

New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.

Prohibited uses. Uses that are not specifically allowed in the B-1 District by this chapter and listed in § 420-31 are prohibited in the B-1 District.

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-1 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot size: one acre minimum, except that the minimum lot size for a freestanding commercial communication structure shall be pursuant to § 420-89 or a utility substation building shall be pursuant to the standards specified in this district.

(2)

Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure shall be pursuant to § 420-89 or a utility substation building shall be pursuant to the standards specified in this district.

(3)

Open space: 30% minimum.

(4)

Principal building standards:

(a)

Gross floor area: 1,500 square feet minimum and 5,000 square feet maximum, except that there is no minimum gross floor area for a utility substation building.

(b)

Height: 35 feet maximum.

(c)

Setbacks:

[1]

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads.

[2]

Side setback: 25 feet minimum.

[3]

Rear setback: 25 feet minimum.

[4]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[5]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(5)

Detached accessory building standards: detached accessory buildings are prohibited.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-1 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal structures per lot: one maximum; provided, however, that attached buildings are allowed if the attachment is a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 25 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more nonaccessory commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.

(2)

Number of detached accessory buildings: none.

(3)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(4)

Site and operational plan requirements pursuant to Article IX of this chapter.

(5)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(6)

Sign requirements pursuant to Article X of this chapter.

(7)

Fence requirements pursuant to Article XI of this chapter.

(8)

Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.

(9)

The required garbage/recycling enclosure shall be attached to a building unless specifically approved by the Plan Commission or Zoning Administrator to be a detached enclosure. The enclosure shall be constructed pursuant to the requirements of § 420-57.7G.

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-1 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes), except for uses requiring a Village liquor license: 6:00 a.m. to 10:00 p.m. maximum; for uses requiring a Village liquor license: as provided in § 125.68(4), Wis. Stats. In addition, more restricted hours may be established by the Plan Commission or Zoning Administrator due to its proximity to a residential zoned property.

(2)

(3)

Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.

(4)

No outside storage is allowed.

(5)

No on-site residential uses are allowed.

(6)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(7)

Each building, structure and site shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(8)

Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.

(9)

Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-1 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water shall be so connected before any addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business); and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.

§ 420-119 B-2 Community Business District.

[Amended 9-18-2006 by Ord. No. 06-44; 1-15-2007 by Ord. No. 07-01; 12-17-2007 by Ord. No. 07-58; 2-21-2008 by Ord. No. 08-04; 3-3-2008 by Ord. No. 08-17; 3-17-2008 by Ord. No. 08-19; 8-17-2009 by Ord. No. 09-47; 4-18-2011 by Ord. No. 11-10; 10-24-2011 by Ord. No. 11-32; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 6-26-2023 by Ord. No. 23-28; 8-11-2025 by Ord. No. 25-27]

Purpose and characteristics. The B-2 Community Business District is intended to provide for a cluster of retail, service and office uses of a type and at a scale designed to serve the entire community. B-2 Districts shall be located at the intersection of two arterial streets or highways. The territory in each B-2 District shall be contiguous (corner to corner shall be sufficient), exclusive of intervening streets, highways, navigable waterways, wetlands and territory fronting on the same street or highway that is within the limits of another municipality. The area of each B-2 District shall include at least one corner of the intersection and a minimum of five acres, both exclusive of intervening streets, highways, navigable waterways, wetlands and territory fronting on the same street or highway that is within the limits of another municipality; provided, however, that parcels zoned to a business classification as of January 1, 2002, which could appropriately be zoned B-2 but for the minimum district area requirement may nevertheless be zoned B-2. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, and if required, an approved Conceptual Plan.

Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-2 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:

(1)

Retail uses. The retail sale of any of the following goods or products are permitted: adult-oriented retail uses (including, without limitation, an adult bookstore or an adult video store); apparel, shoes and accessories; art and antiques; art, educational and office supplies; audio and video recordings; automobile supplies (no service); bakery and sale of baked goods; books, cards, games, toys, newspapers and magazines; cameras and photographic supplies; cigarettes, tobacco and electronic vaping and related supplies (including a smoke shop); cosmetics and pharmaceuticals; firearms and accessories; flowers and plants (excluding a nursery or orchard); gifts, novelties, souvenirs and sundries; groceries; hobby and craft supplies (including fabric and frames); home improvement; household goods; jewelry; liquor (sold as package goods); luggage; medical supplies (including eyewear and hearing aids); musical instruments and accessories; pet supplies (excluding the sale of pets); pharmacy; religious affiliated merchandise; and sporting goods and supplies (including camping supplies, bicycles and related accessories).

(2)

Service uses. The following service uses are permitted:

(a)

Food and beverage uses:

Drive-in restaurant.

Dinner theater.

Drinking establishment. An establishment used primarily for the serving of alcoholic beverages by the drink to the public and where food or packaged alcoholic beverages may be served or sold only as an accessory use. A drinking establishment includes bars, taverns or tasting rooms. A drinking establishment excludes a beer garden, brewpub and a microbrewery/craft brewery.

[5]

Brewpub. Small-batch alcohol producers: including microbreweries, micro distilleries, and micro wineries that produce less than 10,000 beer barrels or 1,173,478 liters, 310,000 gallons of cumulative product per year as an accessory use to an eating establishment.

[6]

Microbrewery/craft brewery. Small-batch alcohol producers: including microbreweries, micro distilleries, and micro wineries that produce less than 10,000 beer barrels or 1,173,478 liters, 310,000 gallons of cumulative product per year and contain at least 500 square feet of customer-facing service area.

(b)

(c)

Self-storage facility. A facility that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses. Facilities are designed and used to accommodate only interior access to storage lockers or interior drive-up access only from passenger vehicles and two-axle, noncommercial vehicles.

(d)

(e)

Hotel.

(f)

Vehicle related uses: carwash (as a principal use); passenger vehicle or automobile repair and service; passenger vehicle or automobile rental; passenger vehicle or automobile sales (new or used); and recreational vehicle sales (new or used).

(g)

Recreational and entertainment uses:

[1]

[2]

Indoor shooting range.

[3]

Movie theater.

[4]

Museum or art gallery.

[5]

Performance theater. A facility for live performances that involve entertaining an audience with singing, dancing or acting. Excluding any adult-oriented uses as defined in this chapter.

(h)

Other services uses: adult-oriented service uses (including, without limitation, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility); beauty salon; caterer; club or lodge; day-care center; equipment rental center; financial institution; food pantry; funeral home; laundromat; library; mail and copy service; psychic/tarot card/astrology reading; recording studio; tattoo or body piercing studio; and taxidermist.

(3)

Office or educational uses. The following office or educational uses are permitted:

(a)

(b)

(c)

Medical clinic. A facility, that is not a hospital, used primarily for the provision of outpatient nursing, medical, podiatric, surgical, dental, chiropractic, optometric or mental health care and treatment including surgical and rehabilitation uses with no inpatient or overnight care. The facility may also include a laboratory which provides bacteriological, biological, medical, x-ray, pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating is conducted on the premises, except the custom fabrication of dentures. A medical clinic also includes blood banks and dialysis centers.

(d)

Business or trade school. A post-secondary school focused on providing hands-on training and education in specific trades. These schools offer specialized programs that prepare students for careers in certain industries, such as but not limited to schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses.

(e)

Post-secondary school, excluding dormitories.

(f)

Veterinarian office that provides examinations, diagnosis and treatment, including surgical care, for animals. The facility may also provide boarding for animals as part of the medical services offered. A veterinarian office excludes facilities for the cremation of animals.

(4)

Commercial communication structures per § 420-89.

(5)

Utility substation building pursuant to the following standards:

(a)

The minimum lot size and frontage as specified in this district shall not apply; however, the lot shall be large enough to accommodate the applicable facilities associated with the substation with a minimum lot frontage on a public street of 50 feet.

(b)

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

(c)

All utility substations buildings shall be landscaped, screened and marked with appropriate warning signs. The Plan Commission/Zoning Administrator may require the facility to be surrounded by a commercial fence.

(d)

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-2 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-2 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the B-2 District:

(1)

Any listed permitted use or conditional use specified in any zoning district that is not specifically listed in this District.

(2)

Any use specifically listed as an unspecified permitted use within any District that is not specifically listed in this District.

(3)

Any use listed in § 420-31 as a prohibited use including but not limited to:

(a)

Motel.

(b)

Fireworks (manufacturing, storage or sale).

(c)

Flea market (indoor or outdoor).

(d)

Liquor store with a drive-through facility.

(e)

Pawnshop.

(f)

Mini storage facility.

(g)

Sale, serving, possession or consumption of alcoholic beverages in conjunction with or on premises containing any adult-oriented use.

(h)

Truck stop and/or truck service facility.

(4)

Truck fueling facility.

(1)

Ambulance service.

(2)

Convenient cash business.

(3)

Gasoline station.

(4)

Pets (sale of).

(1)

In addition to any specific license requirements the following shall also apply to any adult oriented use:

(a)

Any adult-oriented use, including, without limitation, an adult bookstore, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility. In this chapter, an adult-oriented use (e.g., an adult dry cabaret) is classified and treated as a separate and distinct use from the closest type of non-adult-oriented use (e.g., a cabaret).

[1]

Adult-oriented uses are allowed in the B-2 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, provided that at the time the application for site and operational plan approval for the commencement or expansion of such proposed adult-oriented use is decided by the Village Plan Commission or Zoning Administrator:

[a]

The physically separate defined area of the building in which an adult-oriented use is proposed to be commenced or expanded shall be not less than 300 feet in a direct line from the nearest lot line of any lot on which any school, church or day-care center for children is located or has a vested right to locate;

[b]

The physically separate defined area of the building in which an adult-oriented use is proposed to be commenced or expanded shall be not less than 300 feet in a direct line from any land area zoned residential (including street and railroad rights-of-way); and

[c]

The physically separate defined area of the building in which an adult-oriented use is proposed to be commenced or expanded shall be not less than 300 feet in a direct line from the physically separate defined area of the building in which any separately located adult-oriented use is located or has a vested right to locate.

[2]

In the event that a proposed adult-oriented use involves a use which would otherwise require a conditional use permit (e.g., a proposed adult dry cabaret, involving a cabaret that would otherwise require a conditional use permit), the requirement of an adult-oriented-use license shall be substituted for the requirement of a conditional use permit. In the event that an existing use operating under a conditional use permit proposes to become an adult-oriented use (e.g., a cabaret for which a conditional use permit has been granted proposes to become an adult dry cabaret), the conditional use permit for the existing use shall automatically be terminated upon the granting of an adult-oriented-use license by the Village Board, so that the adult-oriented use will not be subject to conditional use permit requirements.

Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-2 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the B-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-2 District.

(2)

Conditional uses allowed in the B-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the B-2 District and their related accessory uses and conditional uses allowed in the B-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the B-2 District as of the effective date of Ordinance No. 03-24 (June 4, 2003) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-2 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the B-2 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the B-2 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(c)

Accessory uses to principal adult-oriented uses allowed in the B-2 District are allowed, but only pursuant to and in accordance with a Village adult-oriented-use license.

(2)

(3)

The following uses/structures are considered an accessory use in the B-2 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Canopy structure for passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 13'6" as measured from the ground to the underside of the canopy.

[2]

[3]

The canopy supports shall be constructed of stone, brick or other material approved by the Zoning Administrator to match the building.

[4]

(b)

Drive-through facility that offers service directly to occupants of passenger vehicles or automobiles subject to the following standards:

[1]

Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees are not classified as a drive-through facility.

[2]

If drive through incorporates a canopy structure for passenger vehicles or automobiles to drive under then the canopy structure shall also meet those requirements.

[3]

If a drive-through lane is not open, it should be marked that they are closed with an attractive movable sign and shall not be blocked with orange cones or other construction-related barricades.

[4]

Landscaping shall be utilized to screen the drive-through facility from all abutting properties.

[5]

[6]

The drive-through facility shall not be located near other uses where the location of such facility would be detrimental to pedestrian convenience or safety.

[7]

(c)

Commercial greenhouse associated with an indoor retail use shall be located within an approved outdoor display of merchandise for sale related to the indoor retail use.

(d)

Outdoor display of merchandise for sale related to the indoor retail use subject to the following standards:

[1]

The outdoor area shall be attached to the building.

[2]

The outdoor area shall only be used for displaying merchandise for sale and not storage for the business.

[3]

The outdoor display area shall not be located within any street yard.

[4]

The area used for outdoor sales or display shall not exceed 10% of the building area/tenant area occupied by the business but in no case shall the outside area exceed 2,500 square feet.

[5]

[6]

[7]

Landscaping shall be utilized to screen the outdoor area from abutting properties.

[8]

[9]

The outside area shall be monitored by the required security camera system pursuant to Chapter 410 of the Village Municipal Code.

[10]

The Zoning Administrator or Plan Commission may require additional security measures to ensure the merchandise displayed is secured.

[11]

See Subsection K(4) below for additional limited outside storage of an ice storage bin or LP storage cages.

(e)

Outdoor seating or patio area and/or any other outdoor extension area associated with a liquor license subject to the following standards:

[1]

[2]

[3]

Landscaping shall be utilized to screen the outdoor area from abutting properties.

[4]

Any tables and seating shall be kept within the enclosed area and shall be maintained and repaired/replaced as necessary.

[5]

[6]

Additional requirements may be imposed by the Village Board as part of any outdoor extension area associated with a liquor license pursuant to Chapter 194 of the Village Municipal Code.

(f)

Commercial communication structures per § 420-89.

(g)

Solar energy system for individual users per § 420-88.2.

(h)

Stormwater retention and detention facilities.

Prohibited uses. Uses that are not specifically allowed in the B-2 District by this chapter and listed in § 420-31 are prohibited in the B-2 District.

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-2 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be pursuant to § 420-89 or a utility substation building shall be pursuant to the standards specified in this district.

(2)

(3)

Open space: 30% minimum.

(4)

Principal building standards:

(a)

Gross floor area: 4,000 square feet minimum and 25,000 square feet maximum, except that there is no minimum gross floor area for a utility substation building, and except that the maximum gross floor area for a hotel shall not exceed 100,000 square feet.

(b)

Height: 35 feet maximum, except for a hotel which shall not exceed 60 feet.

(c)

Setbacks:

[1]

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

[2]

Side setback: 30 feet minimum.

[3]

Rear setback: 30 feet minimum.

[4]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[5]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(5)

Detached accessory building standards: detached accessory buildings are prohibited.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-2 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal structures per lot: One maximum; provided, however, that attached buildings are allowed if the attachment is a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 75 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.

(2)

Number of detached accessory buildings: none.

(3)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(4)

Site and operational plan requirements pursuant to Article IX of this chapter.

(5)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(6)

Sign requirements pursuant to Article X of this chapter.

(7)

Fence requirements pursuant to Article XI of this chapter.

(8)

(9)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-2 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes): 5:00 a.m. to 10:00 p.m. maximum; except for the following uses:

(a)

Hotels: no limit;

(b)

For uses requiring a Village liquor license: as provided in § 125.68(4), Wis. Stats.;

(c)

Carwash, eating establishment, gasoline station, grocery store and pharmacy: 5:00 a.m. to 12:00 midnight maximum;

(d)

Veterinarian office may be open for emergency services between 10:00 p.m. to 5:00 a.m.;

(e)

More restricted hours limited by the Plan Commission or Zoning Administrator due to its proximity to a residential zoned property; and

(f)

More restricted hours may be established by the Plan Commission pursuant to a conditional use permit.

(2)

(3)

Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.

(4)

No outside storage or display of merchandise is allowed, except as specified in Subsection G(3). In addition, for gasoline station and grocery store uses the following is also allowed:

(a)

A maximum of one eight-foot-by-six-foot-by-three-foot (L x H x D maximum) outdoor ice storage bin is allowed per parcel.

(b)

A maximum of one eight-foot-by-six-foot-by-four-foot (L x H x D maximum) outdoor liquid propane (LP) storage cage shall be allowed per parcel.

(c)

The ice storage bins and LP storage cages:

[1]

Shall be located against a solid front or side wall of the principal structure.

[2]

Shall not be located against a rear or back wall of a building.

[3]

Shall not be located in front of windows or doorways and shall not block or obstruct any windows or doorways.

[4]

Shall not block or obstruct any walkways associated with handicapped accessibility to the main entrance of the building.

[5]

Shall be maintained in a state of good repair; not dented, crushed or bent.

[6]

Shall not contain rust and shall not have peeling/chipped paint.

[7]

Shall not be allowed to have plastic banners, streamers or other signage affixed, placed or attached to the containers.

[8]

Are allowed limited signage on the exterior of the storage units that is limited to the use therein (i.e., ice and LP gas advertising signage).

(d)

The LP storage cages:

[1]

Shall be in compliance with the most current edition of the National Fire Protection Association (NFPA) Standard 58 (Liquefied Petroleum Gas Code).

[2]

Shall be protected by a bollard, raised sidewalk or some other acceptable means to provide protection against accidental vehicle impact or damage. The means of protection shall be reviewed and approved, on a case-by-case basis, by the Chief of the Fire & Rescue Department, or his/her designee. The Chief of the Fire & Rescue Department shall determine the location, spacing and the quantity of the bollard(s). The means of protection shall not obstruct or inhibit on-site vehicular or pedestrian traffic flow.

(e)

All LP containers/cylinders shall be stored inside the LP cages.

(5)

No on-site residential uses are allowed.

(6)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(7)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(8)

(9)

Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-2 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water systems shall be so connected before any proposed addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.

§ 420-120 B-3 Regional Retail Business District.

[Amended 10-3-2005 by Ord. No. 05-43; 1-15-2007 by Ord. No. 07-01; 1-21-2008 by Ord. No. 08-05; 5-17-2010 by Ord. No. 10-30; 4-18-2011 by Ord. No. 11-10; 10-24-2011 by Ord. No. 11-32; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 6-26-2023 by Ord. No. 23-26; 8-11-2025 by Ord. No. 25-27]

The B-3 District. The B-3 Regional Retail Business District is intended to provide for "big box" retail stores or regional retail shopping centers to serve the needs of the region as well as the entire community. The territory in each B-3 District shall be contiguous (corner to corner shall be sufficient), exclusive of streets, highways, navigable waterways and wetlands. The area of each B-3 District shall be at least 20 acres, exclusive of streets, highways, navigable waterways and wetlands. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, and if required, an approved Conceptual Plan.

Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-3 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:

(1)

Retail uses. The retail sale of any of the following goods or products within a regional retail shopping center: apparel, shoes and accessories; art and antiques; art, educational and office supplies; audio and video recordings; automobile supplies (no service); bakery and sale of baked goods; books, cards, games, toys, newspapers and magazines; cameras and photographic supplies; cigarettes, tobacco and electronic vaping and related supplies (including a smoke shop); cosmetics and pharmaceuticals; flowers and plants (excluding a nursery or orchard); gifts, novelties, souvenirs and sundries; groceries; hobby and craft supplies (including fabric and frames); home improvement; household goods; jewelry; liquor (sold as package goods); luggage; medical supplies (including eyewear and hearing aids); musical instruments and accessories; passenger vehicles or automobiles and recreational vehicles (indoor displays and sales only); pet supplies (excluding the sale of pets); pharmacy; religious affiliated merchandise; and sporting goods and supplies (including camping supplies, bicycles and related accessories).

(2)

Service uses. The following service uses within a regional retail shopping center:

(a)

(b)

Dinner theater. An eating establishment in which a play or other dramatic performance is presented during or after the meal, inside a building. A dinner theater, may as an accessory use, sell or serve alcoholic beverages to consume on the premises.

(c)

(d)

(e)

Recreational and entertainment uses:

[1]

[2]

Movie theater.

[3]

Museum or art gallery.

[4]

Performance theater. A facility for live performances that involve entertaining an audience with singing, dancing or acting. Excluding any adult-oriented uses as defined in this chapter.

(f)

Other services uses: beauty salon; day-care center; financial institution; hotel; library; mail and copy service; psychic/tarot card/astrology reading; recording studio; and tattoo or body piercing studio.

(3)

Commercial communication structures per § 420-89.

(4)

Office or educational uses. The following office or educational uses are permitted in a regional retail shopping center:

Post-secondary school, excluding dormitories.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-3 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-3 District, is proposed to be located in a regional retail shopping center, if the use to which it is similar in character is a service use listed in Subsection B(2) above, and if the use is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use approved shall be subject to all requirements of Subsection B. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the B-3 District:

(1)

Any listed permitted use or conditional use specified in any zoning district that is not specifically listed in this District.

(2)

Any use specifically listed as an unspecified permitted use within any District that is not specifically listed in this District.

(3)

Any use listed in § 420-31 as a prohibited use such as but not limited to:

(a)

Liquor store with a drive-through facility.

(b)

Fireworks (manufacturing, storage or sale).

(c)

Flea market (indoor or outdoor).

(d)

Motel.

(e)

Pawnshop.

(4)

Convenient cash business.

(5)

Mini storage facility.

(6)

(1)

Beer garden.

(2)

Pets (sale of).

Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-3 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the B-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-3 District.

(2)

Conditional uses allowed in the B-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-3 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the B-3 District and their related accessory uses and conditional uses allowed in the B-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-3 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the B-3 District as of the effective date of Ordinance No. 03-25 (June 4, 2003) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-3 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the B-3 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the B-3 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(2)

The following uses/structures are considered an accessory use in the B-3 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Canopy structure for passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 13'6" as measured from the ground to the underside of the canopy.

[2]

[3]

The canopy supports shall be constructed of stone, brick or other material approved by the Zoning Administrator to match the building.

[4]

(b)

Drive-through facility that offers service directly to occupants of passenger vehicles or automobiles subject to the following standards:

[1]

Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees are not classified as a drive-through facility.

[2]

If drive through incorporates a canopy structure for passenger vehicles or automobiles to drive under then the canopy structure shall also meet those requirements.

[3]

If a drive-through lane is not open, it should be marked that they are closed with an attractive movable sign and shall not be blocked with orange cones or other construction-related barricades.

[4]

Landscaping shall be utilized to screen the drive-through facility from all abutting properties.

[5]

[6]

The drive-through facility shall not be located near other uses where the location of such facility would be detrimental to pedestrian convenience or safety.

[7]

(c)

Outdoor seating or patio area and/or any other outdoor extension area associated with a liquor license subject to the following standards:

[1]

The Plan Commission or Zoning Administrator may require the area to be surrounded and enclosed with a decorative fence between three feet and six feet in height. Any outdoor area located adjacent to a parking lot, fire lane, maneuvering lane, drive-through facility, public/private street requires that the fence incorporate appropriately spaced decorative pillars (acting as bollards) to define the area and provide separation of pedestrians and vehicles. The Zoning Administrator may allow for concrete planters acting as bollards adjacent to the fence.

[2]

[3]

Landscaping shall be utilized to screen the outdoor area from abutting properties.

[4]

Any tables and seating shall be kept within the enclosed area and shall be maintained and repaired/replaced as necessary.

[5]

[6]

Additional requirements may be imposed by the Village Board as part of any outdoor extension area associated with a liquor license pursuant to Chapter 194 of the Village Municipal Code.

(d)

Utility substation building pursuant to the following standards:

[1]

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

[2]

All utility substation buildings shall be landscaped, screened and marked with appropriate warning signs. The Plan Commission/Zoning Administrator may require the facility to be surrounded by a commercial fence.

[3]

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

(e)

Commercial communication structures per § 420-89.

(f)

Solar energy system for individual users per § 420-88.2.

(g)

Stormwater retention and detention facilities.

(3)

Prohibited uses. Uses that are not specifically allowed in the B-3 District by this chapter and listed in § 420-31 are prohibited in the B-3 District.

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-3 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot size: 10 acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be pursuant to § 420-89.

(2)

Lot frontage on a public street: 600 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 400 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure shall be pursuant to § 420-89.

(3)

Open space: 25% minimum.

(4)

Principal building standards:

(a)

Gross floor area: 50,000 square feet minimum, except that the minimum gross floor area for a utility substation building which shall be pursuant to the standards specified in this district; and except that a hotel shall meet the following minimum requirements:

[1]

Three floors above grade;

[2]

Fifteen thousand square feet of gross floor area per floor; and

[3]

Eighty guest rooms.

(b)

Height: 40 feet maximum, except for a hotel, which shall not exceed 90 feet.

(c)

Setbacks:

[1]

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

[2]

Side setback: 45 feet minimum.

[3]

Rear setback: 45 feet minimum.

[4]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[5]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(5)

Detached accessory building standards: detached accessory buildings are prohibited.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-3 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal structures per lot: one maximum; provided, however, that attached buildings are allowed if the attachment is a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 100 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.

(2)

Number of detached accessory buildings: none.

(3)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(4)

Site and operational plan requirements pursuant to Article IX of this chapter.

(5)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(6)

Sign requirements pursuant to Article X of this chapter.

(7)

Fence requirements pursuant to Article XI of this chapter.

(8)

(9)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-3 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes): 5:00 a.m. to 11:00 p.m. maximum; except for

(a)

Hotels: no limit; and

(b)

For uses requiring a Village liquor license: as provided in Chapter 194 of the Village Municipal Code, except a beer garden may be open from 5:00 a.m. to 9:00 a.m. for special events, provided that alcoholic beverages are not served, sold or consumed prior to 9:00 a.m.

(2)

Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.

(3)

No outside storage or display of merchandise is allowed.

(4)

No on-site residential uses are allowed.

(5)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(6)

Each building, structure and site shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(7)

(8)

(9)

Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-3 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water systems shall be so connected before any proposed addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.

§ 420-121 B-4 Freeway Service Business District.

[Amended 1-15-2007 by Ord. No. 07-01; 8-17-2009 by Ord. No. 09-47; 5-17-2010 by Ord. No. 10-30; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 8-11-2025 by Ord. No. 25-27]

Purpose and characteristics. The B-4 Freeway Service Business District is intended to provide for a cluster of hotel, restaurant, office, gasoline station and freeway convenience store uses to serve the needs of freeway travelers as well as the community. B-4 Districts shall be located near freeway interchanges. The territory in each B-4 District shall be contiguous (corner to corner shall be sufficient), exclusive of streets, highways, navigable waterways and wetlands. The area of each B-4 District shall include a minimum of 10 acres, exclusive of streets, highways, navigable waterways and wetlands; provided, however, that parcels zoned to a business classification as of January 1, 2002, which could appropriately be zoned B-4 but for the minimum district area requirements may nevertheless be zoned B-4. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, and if required, an approved Conceptual Plan.

Permitted uses. The following listed principal uses are allowed as permitted uses in the B-4 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:

(1)

Food and beverage uses:

Hotel.

Freeway convenience store. A retail store selling groceries; gifts, novelties, souvenirs and sundries; household goods; cosmetics and pharmaceuticals; and other convenience products to the freeway traveling public. Excluding any adult-oriented uses or convenient cash business as defined in this chapter.

Commercial communication structures pursuant to § 420-89.

(8)

Utility substation building pursuant to the following standards:

(a)

(b)

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

(c)

(d)

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

(1)

Gasoline station.

Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-4 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the B-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-4 District.

(2)

Conditional uses allowed in the B-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the B-4 District and their related accessory uses and conditional uses allowed in the B-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the B-4 District as of the effective date of Ordinance No. 03-26 (June 4, 2003) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-4 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the B-4 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the B-4 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(2)

The following uses/structures are considered an accessory use in the B-4 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Retail sales of cigarettes, tobacco and electronic vaping and related supplies (excluding a smoke shop).

(b)

Canopy structure for passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 13'6" as measured from the ground to the underside of the canopy.

[2]

[3]

The canopy supports shall be constructed of stone, brick or other material approved by the Zoning Administrator to match the building.

[4]

(c)

Drive-through facility that offers service directly to occupants of passenger vehicles or automobiles subject to the following standards:

[1]

Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees are not classified as a drive-through facility.

[2]

If drive through incorporates a canopy structure for passenger vehicles or automobiles to drive under then the canopy structure shall also meet those requirements.

[3]

If a drive-through lane is not open, it should be marked that they are closed with an attractive movable sign and shall not be blocked with orange cones or other construction-related barricades.

[4]

Landscaping shall be utilized to screen the drive-through facility from all abutting properties.

[5]

[6]

The drive-through facility shall not be located near other uses where the location of such facility would be detrimental to pedestrian convenience or safety.

[7]

(d)

Outdoor seating or patio area and/or any other outdoor extension area associated with a liquor license subject to the following standards:

[1]

[2]

[3]

Landscaping shall be utilized to screen the outdoor area from abutting properties.

[4]

Any tables and seating shall be kept within the enclosed area and shall be maintained and repaired/replaced as necessary.

[5]

[6]

Additional requirements may be imposed by the Village Board as part of any outdoor extension area associated with a liquor license pursuant to Chapter 194 of the Village Municipal Code.

(e)

Commercial communication structures per § 420-89.

(f)

Solar energy system for individual users per § 420-88.2.

(g)

Stormwater retention and detention facilities.

(3)

Prohibited uses. Uses that are not specifically allowed in the B-4 District by this chapter and listed in § 420-31 are prohibited in the B-4 District.

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-4 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot size: 2.5 acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be pursuant to § 420-89 or a utility substation building shall be pursuant to the standards specified in this district.

(2)

(3)

Open space: 25% minimum.

(4)

Principal building standards:

(a)

Gross floor area: 4,000 square feet minimum, except that there is no minimum gross floor area for a utility substation building; a freeway convenience store shall have a minimum gross floor area of 5,000 square feet and shall not exceed 15,000 square feet; and a hotel shall meet the following minimum requirements:

[1]

Three floors above grade;

[2]

Fifteen thousand square feet of gross floor area per floor; and

[3]

Eighty guest rooms.

(b)

Height: 35 feet maximum, except for a hotel, which shall not exceed 90 feet.

(c)

Setbacks:

[1]

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

[2]

Side setback: 45 feet minimum.

[3]

Rear setback: 45 feet minimum.

[4]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[5]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-4 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal structures per lot: one maximum; provided, however, that attached buildings are allowed if the attachment is a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 25 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.

(2)

Number of detached accessory buildings: none.

(3)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(4)

Site and operational plan requirements pursuant to Article IX of this chapter.

(5)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(6)

Sign requirements pursuant to Article X of this chapter.

(7)

Fence requirements pursuant to Article XI of this chapter.

(8)

Each use, site, building or structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.

(9)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-4 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes): 5:00 a.m. to 12:00 midnight maximum; except for the following uses.

(a)

Hotels: no limit;

(b)

For uses requiring a Village liquor license: as provided in § 125.68(4), Wis. Stats.;

(c)

Business or professional offices; medical and health practitioner offices; and medical clinic: 5:00 a.m. to 10:00 p.m. maximum; and

(d)

More restricted hours may be established by the Plan Commission or Zoning Administrator due to its proximity to a residential zoned property.

(2)

Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.

(3)

No outside storage or display of merchandise is allowed, except as specified in Subsection F(2). In addition, for gasoline station and freeway convenience store uses the following is also allowed:

(a)

A maximum of one eight-foot-by-six-foot-by-three-foot (L x H x D maximum) outdoor ice storage bin is allowed per parcel.

(b)

A maximum of one eight-foot-by-six-foot-by-four-foot (L x H x D maximum) outdoor liquid propane (LP) storage cage shall be allowed per parcel.

(c)

The ice storage bins and LP storage cages:

[1]

Shall be located against a solid front or side wall of the principal structure.

[2]

Shall not be located against a rear or back wall of a building.

[3]

Shall not be located in front of windows or doorways and shall not block or obstruct any windows or doorways.

[4]

Shall not block or obstruct any walkways associated with handicapped accessibility to the main entrance of the building.

[5]

Shall be maintained in a state of good repair; not dented, crushed or bent.

[6]

Shall not contain rust and shall not have peeling/chipped paint.

[7]

Shall not be allowed to have plastic banners, streamers or other signage affixed, placed or attached to the containers.

[8]

Are allowed limited signage on the exterior of the storage units that is limited to the use therein (i.e., ice and LP gas advertising signage).

(d)

The LP storage cages:

[1]

Shall be in compliance with the most current edition of the National Fire Protection Association (NFPA) Standard 58 (Liquefied Petroleum Gas Code).

[2]

(e)

All LP containers/cylinders shall be stored inside the LP cages.

(4)

No on-site residential uses are allowed.

(5)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(6)

Each building, structure and site shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(7)

(8)

(9)

Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-4 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water systems shall be so connected before any proposed addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.

§ 420-122 B-5 Freeway Office District.

[Amended 1-15-2007 by Ord. No. 07-01; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 8-11-2025 by Ord. No. 25-27]

Purpose and characteristics. The B-5 Freeway Office District is intended to provide for corporate, business and professional office uses at a community or regional level. B-5 Districts shall be located near freeway interchanges. The territory in each B-5 District shall be contiguous (corner to corner shall be sufficient), exclusive of intervening streets, highways, navigable waterways and wetlands. The area of each B-5 District shall be a minimum of 15 acres, exclusive of intervening streets, highways, navigable waterways and wetlands. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, and if required, an approved Conceptual Plan.

Permitted uses. The following listed principal uses, and certain auxiliary principal uses provided for in Subsection C below, are allowed as permitted uses in the B-5 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:

(1)

(2)

Day-care facility.

(3)

Commercial communication structures per § 420-89.

(4)

(5)

(6)

Utility substation building pursuant to the following standards:

(a)

(b)

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

(c)

(d)

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

Auxiliary permitted uses. The Plan Commission or Zoning Administrator may allow limited retail and service auxiliary uses; provided that such uses are auxiliary to the permitted office uses(s), in that they are located in the principal office building, and are designed to serve the needs of the occupants of the principal office building, and have no dedicated outside entrance to such building, and have no signage visible from the exterior of such building, and further provided that all auxiliary permitted uses in a principal office building together shall not occupy more than 10% of the gross floor area of such building, all subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-5 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-5 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the B-5 District:

(1)

Any listed permitted use or conditional use specified in any zoning district that is not specifically listed in the District.

(2)

Any use specifically listed as an unspecified permitted use within any District that is not specifically listed in this District.

(3)

Any use listed in § 420-31 as a prohibited use.

Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-5 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the B-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-5 District.

(2)

Conditional uses allowed in the B-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the B-5 District and their related accessory uses and conditional uses allowed in the B-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the B-5 District as of the effective date of Ordinance No. 03-27 (June 4, 2003) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-5 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the B-5 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the B-5 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(c)

Without limitation, the following uses are allowed as accessory uses in the B-5 District for a single company or firm solely occupying a principal office building (exclusive of the area occupied by auxiliary permitted uses pursuant to Subsection C above) having a minimum of 100,000 square feet of gross floor area: auditorium; cafeteria; conferencing facilities; day care (for children or adults); entrance feature (which may include a guard station, gate house, security checkpoint, or architectural entrance gates); indoor and/or outdoor fitness/recreation facilities; parking, either surface, underground or within an attached parking structure; incidental retail sale of the company's own products; training facilities; tour center; visitor information center; and additional accessory uses allowed as conditional uses in Subsection E above.

(2)

The following uses/structures are considered an accessory use in the B-5 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Retreat center for a single company or firm solely occupying a minimum gross floor area of 100,000 square feet of a principal office building (exclusive of the area occupied by auxiliary permitted uses pursuant to Subsection C above).

(b)

Outdoor seating or patio area and/or any other outdoor extension area associated with a liquor license subject to the following standards:

[1]

[2]

[3]

Landscaping shall be utilized to screen the outdoor area from abutting side and rear property lines.

[4]

Any tables and seating shall be kept within the enclosed area and shall be maintained and repaired/replaced as necessary.

[5]

[6]

Additional requirements may be imposed by the Village Board as part of any outdoor extension area associated with a liquor license pursuant to Chapter 194 of the Village Municipal Code.

(c)

Utility substation building pursuant to the following standards:

[1]

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

[2]

[3]

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

(d)

Entry gatehouse subject to providing adequate queueing to ensure that all vehicles waiting to enter the site can be accommodated on-site and outside of the right-of-way as approved by the Plan Commission or Zoning Administrator.

(e)

Commercial communication structures per § 420-89.

(f)

Solar energy system for individual users per § 420-88.2.

(g)

Stormwater retention and detention facilities.

(3)

Prohibited uses. Uses that are not specifically allowed in the B-5 District by this chapter and listed in § 420-31 are prohibited in the B-5 District.

Dimensional standards: Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-5 District shall comply with the following dimensional standards to the extent applicable:

(1)

(2)

(3)

Open space: 25% minimum.

(4)

Principal office building standards:

(a)

Each principal office building shall have a minimum of two floors above grade.

(b)

The gross floor area of a principal office building shall be a minimum of 24,000 square feet, and each of the first two floors above grade shall have a gross floor area of at least 10,000 square feet.

(c)

The gross floor area for all auxiliary permitted uses within a principal office building shall not exceed 10% of the gross floor area of such building.

(d)

The gross floor area occupied by research, development and/or testing of products, and applied research activities, within a principal office building shall not exceed 25% of the gross floor area of such building.

(e)

Height: 30 feet minimum.

(f)

Setbacks:

[1]

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

[2]

Side setback: 45 feet minimum.

[3]

Rear setback: 45 feet minimum.

[4]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[5]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(5)

Detached office-related accessory building standards:

(a)

Gross floor area:

[1]

Detached retreat facility: 6,000 square feet maximum.

[2]

Detached entry gatehouse: 300 square feet maximum.

(b)

Height:

[1]

Detached retreat facility: 35 feet maximum.

[2]

Detached entry gatehouse: 20 feet maximum.

(c)

Detached retreat facility shall only be located in the side yard or rear yard.

(d)

Setbacks:

[1]

Street setback for a detached retreat facility: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

[2]

Street setback for detached guard station/gate house: 20 feet minimum.

[3]

Side setback: 45 feet minimum.

[4]

Rear setback: 45 feet minimum.

[5]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[6]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(6)

Principal day-care building standards:

(a)

The gross floor area of a principal day-care building shall be a minimum gross floor area of 10,000 square feet.

(b)

Height: 35 feet maximum.

(c)

Setbacks:

[1]

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

[2]

Side setback: 45 feet minimum.

[3]

Rear setback: 45 feet minimum.

[4]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[5]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(7)

Distance between principal building and detached accessory building on the same lot or parcel: 50 feet minimum.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-5 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal structures per lot or parcel: one maximum; provided, however, that attached buildings are allowed if the attachment is a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 75 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.

(2)

Number of detached accessory buildings:

(a)

One detached retreat center, in accordance with Subsection H(2)(a) above.

(b)

One detached entry gatehouse, in accordance with Subsection H(2)(d) above.

(3)

(4)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(5)

A day-care facility may have a fenced recreational area with accessory recreational structures.

(6)

All loading facilities shall be inside the principal building.

(7)

Site and operational plan requirements pursuant to Article IX of this chapter.

(8)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(9)

Sign requirements pursuant to Article X of this chapter.

(10)

No fences are allowed, except as may be required for a day-care play area.

(11)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-5 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes): 5:00 a.m. to 10:00 p.m. maximum; except for a retreat center with overnight stays: no limit.

(2)

Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.

(3)

Auxiliary permitted uses located in a principal office building shall satisfy the limitations set forth in Subsection C above.

(4)

No outside storage or display of goods or merchandise is allowed.

(5)

No on-site residential uses are allowed (overnight stays associated with a retreat center shall not be considered a residential use).

(6)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(7)

Each building, structure and site shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(8)

(9)

(10)

Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-5 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water systems shall be so connected before any proposed addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.

§ 420-122.1 B-6 Freeway Oriented Business Center District.

[Added 4-17-2017 by Ord. No. 17-14; amended 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 8-11-2025 by Ord. No. 25-27]

Purpose and characteristics. The B-6 Freeway Oriented Business Center District is intended to provide for a cluster of businesses along and adjacent to the freeway (IH-94) at a density where a full range of urban services are available for office, retail, and customer services for adjacent manufacturing and office park uses. The B-6 District shall be located near freeway interchanges (within 4,000 feet of the travel lanes of the freeway). The territory in each B-6 District shall be contiguous (corner to corner shall be sufficient), exclusive of intervening streets, highways, navigable waterways and wetlands. The area of each B-6 District shall be a minimum of 15 acres, exclusive of intervening streets, highways, navigable waterways and wetlands. No such district shall be established unless it is in compliance with the Village Comprehensive Plan, and if required, an approved Conceptual Plan.

Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-6 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes:

(1)

Retail uses. The limited retail sale of any of the following goods or products are permitted: apparel, shoes and accessories; art and antiques; art, educational and office supplies; audio and video recordings; automobile supplies (no service); bakery and sale of baked goods; books, cards, games, toys, newspapers and magazines; cameras and photographic supplies; cigarettes, tobacco and electronic vaping and related supplies (excluding a smoke shop); cosmetics and pharmaceuticals; flowers and plants (excluding a nursery or orchard); gifts, novelties, souvenirs and sundries; groceries; hobby and craft supplies (including fabric and frames); home improvement; household goods; jewelry; liquor (sold as package goods); luggage; medical supplies (including eyewear and hearing aids); musical instruments and accessories; pet supplies (excluding the sale of pets); pharmacy; religious affiliated merchandise; and sporting goods and supplies (including camping supplies, bicycles and related accessories).

(2)

Service uses. The following limited service uses are permitted:

(a)

Food and beverage uses:

Hotel.

Recreational and entertainment uses:

[1]

[2]

Museum or art gallery.

[3]

Performance theater. A facility for live performances that involve entertaining an audience with singing, dancing or acting. Excluding any adult-oriented uses as defined in this chapter.

(f)

Other services uses: beauty salon; day-care center; financial institution; mail and copy service; and recording studio.

(3)

Office or educational uses:

Post-secondary school.

(4)

Utility substation building pursuant to the following standards:

(a)

(b)

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

(c)

(d)

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

(5)

Commercial communication structures per § 420-89.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-6 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-6 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the B-6 District:

(1)

Any listed permitted use or conditional use specified in any zoning district that is not specifically listed in this District.

(2)

Any use specifically listed as an unspecified permitted use within any District that is not specifically listed in this District.

(3)

Any use listed in § 420-31 as a prohibited use.

(1)

Gasoline station.

(2)

Truck fueling station.

Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-6 District, subject to Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the B-6 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-6 District.

(2)

Conditional uses allowed in the B-6 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-6 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the B-6 District and their related accessory uses and conditional uses allowed in the B-6 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-6 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the B-6 District as of the effective date of Ordinance No. 17-14 (April 17, 2017) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-6 District are allowed, subject to Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the B-6 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the B-6 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(2)

(3)

The following uses/structures are considered an accessory use in the B-6 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Canopy structure for passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 13'6" as measured from the ground to the underside of the canopy.

[2]

[3]

The canopy supports shall be constructed of stone, brick or other material approved by the Zoning Administrator to match the building.

[4]

(b)

Drive-through facility that offers service directly to occupants of passenger vehicles or automobiles subject to the following standards:

[1]

Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees are not classified as a drive-through facility.

[2]

If drive through incorporates a canopy structure for passenger vehicles or automobiles to drive under then the canopy structure: shall also meet those requirements.

[3]

If a drive-through lane is not open, it should be marked that they are closed with an attractive movable sign and shall not be blocked with orange cones or other construction-related barricades.

[4]

Landscaping shall be utilized to screen the drive-through facility from all properties.

[5]

[6]

The drive-through facility shall not be located near other uses where the location of such facility would be detrimental to pedestrian convenience or safety.

[7]

(c)

Outdoor seating or patio area and/or any other outdoor extension area associated with a liquor license subject to the following standards:

[1]

[2]

[3]

Landscaping shall be utilized to screen the outdoor area from abutting properties.

[4]

Any tables and seating shall be kept within the enclosed area and shall be maintained and repaired/replaced as necessary.

[5]

[6]

Additional requirements may be imposed by the Village Board as part of any outdoor extension area associated with a liquor license pursuant to Chapter 194 of the Village Municipal Code.

(d)

Commercial communication structures per § 420-89.

(e)

Solar energy system for individual users per § 420-88.2.

(f)

Stormwater retention and detention facilities.

Prohibited uses. Uses that are not specifically allowed in the B-6 District by this chapter and listed in § 420-31 are prohibited in the B-6 District.

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-6 District shall comply with the following dimensional standards to the extent applicable:

(1)

(2)

(3)

Open space: 25% minimum.

(4)

Principal building standards:

(a)

Gross floor area: 4,000 square feet minimum and 50,000 square feet maximum, except:

[1]

No minimum gross floor area for a utility substation building;

[2]

There is no maximum gross floor area for a hotel; however a hotel shall meet the following minimum requirements:

[a]

Three floors above grade;

[b]

Fifteen thousand square feet of gross floor area per floor; and

[c]

Eighty guest rooms.

[3]

An office building shall have minimum of two floors above grade; the gross floor area of a principal office building shall be a minimum of 24,000 square feet, and each of the first two floors above grade shall have a gross floor area of at least 10,000 square feet with no maximum area.

(b)

Height: 40 feet maximum, except a hotel, conference center or office building shall not exceed 100 feet.

(c)

Setbacks:

[1]

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

[2]

Side setback: 45 feet minimum.

[3]

Rear setback: 45 feet minimum.

[4]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[5]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(5)

Detached accessory building standards: detached accessory buildings are prohibited.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-6 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal structures per lot: One maximum; provided, however, that attached buildings are allowed if the attachment maintains a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 75 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.

(2)

Number of detached accessory buildings: none.

(3)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(4)

Site and operational plan requirements pursuant to Article IX of this chapter.

(5)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(6)

Sign requirements pursuant to Article X of this chapter.

(7)

Fence requirements pursuant to Article XI of this chapter.

(8)

(9)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-6 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes), except for hotels, retreat centers with overnight stays and uses requiring a Village liquor license: 5:00 a.m. to 10:00 p.m. maximum; except for the following uses:

(a)

Hotels: no limit;

(b)

For uses requiring a Village liquor license: as provided in § 125.68(4), Wis. Stats.

(c)

Eating establishment, grocery store and pharmacy: 5:00 a.m. to 12:00 midnight maximum;

(d)

Gasoline station and truck fueling station pursuant to the conditional use permit;

(e)

More restricted hours limited by the Plan Commission or Zoning Administrator due to its proximity to a residential use; and

(f)

More restricted hours may be established by the Plan Commission pursuant to a conditional use permit.

(2)

(3)

Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.

(4)

No outside storage or display of merchandise is allowed, except for gasoline station pursuant to the following:

(a)

A maximum of one eight-foot-by-six-foot-by-three-foot (L x H x D maximum) outdoor ice storage bin is allowed per parcel.

(b)

A maximum of one eight-foot-by-six-foot-by-four-foot (L x H x D maximum) outdoor liquid propane (LP) storage cage shall be allowed per parcel.

(c)

The ice storage bins and LP storage cages:

[1]

Shall be located against a solid front or side wall of the principal structure.

[2]

Shall not be located against a rear or back wall of a building.

[3]

Shall not be located in front of windows or doorways and shall not block or obstruct any windows or doorways.

[4]

Shall not block or obstruct any walkways associated with handicapped accessibility to the main entrance of the building.

[5]

Shall be maintained in a state of good repair; not dented, crushed or bent.

[6]

Shall not contain rust and shall not have peeling/chipped paint.

[7]

Shall not be allowed to have plastic banners, streamers or other signage affixed, placed or attached to the containers.

[8]

Are allowed limited signage on the exterior of the storage units that is limited to the use therein (i.e., ice and LP gas advertising signage).

(d)

The LP storage cages:

[1]

Shall be in compliance with the most current edition of the National Fire Protection Association (NFPA) Standard 58 (Liquefied Petroleum Gas Code).

[2]

(e)

All LP containers/cylinders shall be stored inside the LP cages.

(5)

No on-site residential uses are allowed.

(6)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(7)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(8)

(9)

Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-6 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water systems shall be so connected before any proposed addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.

§ 420-123 M-1 Limited Manufacturing District.

[Amended 1-15-2007 by Ord. No. 07-01; 5-21-2007 by Ord. No. 07-25; 12-17-2007 by Ord. No. 07-59; 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-11; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 10-24-2022 by Ord. No. 22-31; 8-11-2025 by Ord. No. 25-29]

Purpose and characteristics.

(1)

The M-1 Limited Manufacturing District is intended to provide for limited manufacturing, wholesaling, warehousing and related uses within an enclosed structure wherein no high-hazard uses are allowed and the method of manufacturing is not injurious to the point of constituting a nuisance to the occupants of adjacent properties by reason of the emission or creation of noise, vibration, smoke, dust or particle matters, toxic or noxious materials, odors, fire or explosive hazards, glare or heat and located in those areas where the relationship to surrounding land uses would create few problems of compatibility. This district also allows for office parks or individual office buildings. No such district shall be established unless it is in compliance with the Village Comprehensive Plan and if required, an approved Conceptual Plan.

(2)

The uses allowed in the M-1 District are based on the Use and Occupancy Classification specified in Chapter 3 of the 2006 International Building Code (2006 IBC), as may be amended from time to time. Where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-1 District, such use shall be classified in the group that the occupancy most clearly resembles, according to the fire safety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-1 District.

Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C, below, are allowed as permitted uses in the M-1 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:

(1)

Uses classified as Factory Group F in Section 306 of the 2006 IBC, including assembling, disassembling, fabricating, finishing, manufacturing, packaging, distributing, repair or processing operations that are not classified as a Group H Hazard or Group S Storage pursuant to Sections 307 and 311 of the 2006 IBC; provided, however, that the use is not listed as a prohibited use in Subsection C below.

(a)

Factory Industrial F-2 Low-hazard uses that involve the fabrication or manufacturing of noncombustible materials which during finishing, packing or processing do not involve a significant fire hazard, as determined by the Village Fire Chief, including but not limited to beverages (up to and including 12% alcohol content); brick and masonry; ceramic products; foundries; glass products; gypsum; ice; and metal products (fabrication and assembly).

(b)

Factory Industrial F-1 Moderate-hazard uses which are not classified as Factory Industrial F-2 Low-hazard uses, including but not limited to aircraft; appliances; athletic equipment; automobiles and other motor vehicles, bakeries, beverages (over 12% alcohol content); bicycles; boats, building; brooms or brushes; business machines; cameras and photo equipment; canvas or similar fabric; carpet and rug (including cleaning); clothing; construction and agricultural machinery; disinfectants, dry cleaning and dyeing; electronics; engines (including rebuilding); food processing; furniture; hemp products; jute products; laundries; leather products; machinery; metals; millwork (sash and door); motion pictures and television filming (without spectators); musical instruments, optical goods; paper mills or products; photographic film; plastic products; printing or publishing; recreational vehicles; shoes; soaps and detergents; textiles; tobacco; trailers; upholstering; wood, distillation; woodworking (cabinet).

(2)

Uses classified as Storage Group S in Section 311 of the 2006 IBC that are not classified as a Group H Hazard pursuant to Section 307 of the 2006 IBC are allowed to be stored and distributed; provided, however, that the use is not listed as a prohibited use in subsection C below.

(a)

Low-hazard storage Group S-2 includes uses for the storage of noncombustible materials such as products on wood pallets or in paper cartons with or without single-thickness divisions; or in paper wrappings. Such products may have a negligible amount of plastic trim such as knobs, handles or film wrapping. Storage uses include, but not limited to, beverages (up to and including 12% alcohol in metal, glass or ceramic containers); cement in bags; chalk and crayons; dairy products in nonwaxed coated paper containers; dry cell batteries; electrical coils; electrical motors; empty cans; food products; foods in noncombustible containers; fresh fruits and vegetables in nonplastic trays or containers; frozen foods; glass; glass bottles, empty or filled with noncombustible liquids; gypsum board; inert pigments, ivory; meats; metal cabinets; metal desks with plastic tops and trim; metal parts; metals; mirrors; oil-filled and other types of distribution transformers; parking garages, open or enclosed; porcelain and pottery; stoves; talc and soapstones; and washer and dryers.

(b)

Moderate-hazard Group S-1 includes uses for the storage of uses which are not classified as low-hazard storage Group S-1, including but not limited to aerosols, Level 2 and Level 3; aircraft hangars; bags: cloth, burlap or paper; bamboos and rattan; baskets; belting: canvas and leather; books and paper in rolls or packs; boots and shoes; buttons, including cloth covered, pearl or bone; cardboard and cardboard boxes; clothing, woolen wearing apparel; cordage; furniture; furs; glues, mucilage, pastes and size; grains; horns and combs, other than celluloid; leather, linoleum; lumber; motor vehicle repair garages complying with the maximum allowable quantities of hazardous materials listed in Table 307.1(1) of the 2006 IBC; photo engraving; resilient flooring; silks; soaps; sugar; tobacco, cigars, cigarettes and snuff; upholstery and mattresses; and wax candles.

Educational uses.

Post-secondary school.

(b)

(6)

Commercial communication structures per § 420-89.

(7)

Utility substation building pursuant to the following standards:

(a)

The minimum lot size and frontage as specified in this district shall not apply; however, the lot shall be a lot large enough to accommodate the applicable facilities associated with the substation with a minimum lot frontage on a public street of 50 feet.

(b)

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

(c)

(d)

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-1 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the M-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-1 District:

(1)

Any listed permitted use or conditional use specified in any zoning district that is not specifically listed in this District.

(2)

Any use specifically listed as an unspecified permitted use within any District that is not specifically listed in this District.

(3)

Any use listed in § 420-31 as a prohibited use.

(4)

Any use classified as a High-Hazard Group H use pursuant to Section 307 of the 2006 IBC, as may be amended from time to time, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas constructed and located as required in Section 414 of the 2006 IBC, as may be amended from time to time.

(5)

Mini storage facility.

(6)

Recycling facility.

(7)

Utility substation.

(1)

Outside storage.

Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-1 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the M-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the M-1 District.

(2)

Conditional uses allowed in the M-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the M-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the M-1 District and their related accessory uses and conditional uses allowed in the M-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the M-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the M-1 District as of the effective date of Ordinance No. 10-11 (March 15, 2010) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the M-1 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the M-1 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the M-1 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(2)

(3)

The following uses/structures are considered an accessory use in the M-1 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Canopy structure for passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 13'6" as measured from the ground to the underside of the canopy.

[2]

[3]

The canopy supports shall be constructed of stone, brick or other material approved by the Zoning Administrator to match the building.

[4]

(b)

Canopy structure for non-passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 18 feet as measured from the ground to the underside of the canopy.

[2]

Setbacks for the structure shall be a minimum of 30 feet from property lines as measured from the further extent of the canopy provided that there is adequate clearance, as required by the Fire Chief, for any fire lanes.

[3]

If the canopy is located within a street yard, then the Plan Commission or Zoning Administrator may require that the canopy supports shall be constructed of stone or brick to match or complement the building.

[4]

If the canopy is located within a street yard, then the Plan Commission or Zoning Administrator may require that the underside of the canopy be enclosed or capped so that the structure of the canopy is not exposed. Any vents or other apparatus on the roof of the canopy shall be screened with an appropriate parapet wall or other roof structure.

(c)

(d)

Outdoor seating or patio area subject to the following standards:

[1]

The location of any outdoor seating or patio area shall be approved by the Zoning Administrator and may be required to meet the following standards:

[a]

If located adjacent to a parking lot, fire lane, maneuvering lane, public/private street the area may be required to be surrounded with a decorative fence between three and six feet in height and may be required to incorporate appropriately spaced decorative pillars (acting as bollards) to define the area and provide separation of pedestrians and vehicles. The Zoning Administrator may allow for concrete planters acting as bollards adjacent to the fence.

[b]

The area shall be setback a minimum of 20 feet from any property line.

[c]

Landscaping shall be utilized to screen the area from abutting side and rear property lines.

(e)

Retail or wholesale of merchandise manufactured or stored within the building, provided that the retail or wholesale use is not classified as a High-Hazard Group H pursuant to Section 307 of the 2006 IBC.

(f)

Solar energy system for individual users per § 420-88.2.

(g)

Stormwater retention and detention facilities.

(h)

Utility substation building pursuant to the following standards:

[1]

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

[2]

[3]

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

(Reserved)

Prohibited uses. Uses that are not specifically allowed in the M-1 District by this chapter as specified in the foregoing sections are prohibited in the M-1 District. However, where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-1 District regulations, such use shall be classified in the group that the occupancy most clearly resembles, according to the fire safety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-1 District.

Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses, site, building and structures in the M-1 District shall comply with the following dimensional standards to the extent applicable.

(1)

(2)

Lot frontage. Lot frontage on a public street: 150 feet minimum; however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding communication structure shall be pursuant to § 420-89 or a utility substation building shall be pursuant to the standards specified in this district.

(3)

Open space: 25% minimum.

(4)

Building standards:

(a)

Gross floor area: No maximum or minimum building area.

(b)

Principal building height: 45 feet maximum; however, the height of a principal building or part thereof may be increased not to exceed 60 feet in height, provided that for every one foot above 45 feet, said principal structure shall be set back an additional 1.5 feet from the side and rear property lines.

(c)

Accessory building height: 30 feet maximum.

(d)

Setbacks. The following setbacks shall be considered to be minimum setbacks for principal or accessory buildings; greater setbacks may be required by state building codes.

[1]

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads for buildings constructed after April 1, 2010, or a minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads for buildings constructed before April 1, 2010.

[2]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[3]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

[4]

Side setback: 45 feet minimum for all buildings constructed after April 1, 2010, or 25 feet minimum for all buildings constructed before April 1, 2010.

[5]

Rear setback: 45 feet minimum for all buildings constructed after April 1, 2010, or 25 feet minimum for all buildings constructed before April 1, 2010.

[6]

Separation distances between principal buildings: 45 feet minimum.

[7]

Separation distances between principal and accessory buildings and between accessory buildings: 10 feet minimum.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-1 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal structures per lot: no limit.

(2)

Number of detached accessory buildings: no limit.

(3)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(4)

Site and operational plan requirements pursuant to Article IX of this chapter.

(5)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(6)

Sign requirements pursuant to Article X of this chapter.

(7)

Fence requirements pursuant to Article XI of this chapter.

(8)

(9)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-1 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes):

(a)

5:00 a.m. to 10:00 p.m. maximum for permitted post-secondary school; business or trade school; business or professional offices, storage facility; and permitted retail/wholesale uses.

(b)

All other uses: no limit.

(2)

(a)

6:00 a.m. to 10:00 p.m. maximum for permitted post-secondary school; business or trade school; business or professional offices, storage facility; and permitted retail/wholesale uses.

(b)

All other uses: no limit.

(3)

Except as otherwise specifically permitted by this chapter, all activities shall be conducted within a building.

(4)

No on-site residential uses are allowed.

(5)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(6)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(7)

(8)

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-124 M-2 General Manufacturing District.

[Amended 1-16-2006 by Ord. No. 06-02; 1-15-2007 by Ord. No. 07-01; 12-17-2007 by Ord. No. 07-59; 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-12; 10-15-2012 by Ord. No. 12-38; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 10-24-2022 by Ord. No. 22-31; 8-11-2025 by Ord. No. 25-29]

Purpose and characteristics.

(1)

The M-2 General Manufacturing District is intended to provide for manufacturing, wholesaling, warehousing and related uses within an enclosed structure in which high-hazard uses are located within limited areas and the method of manufacturing is not injurious to the point of constituting a nuisance to the occupants of adjacent properties by reason of the emission or creation of noise, vibration, smoke, dust or particle matters, toxic or noxious materials, odors, fire or explosive hazards, glare or heat and located in those areas where the relationship to surrounding land uses would create few problems of compatibility. This district also allows for office parks or individual office buildings. No such district shall be established unless it is in compliance with the Village Comprehensive Plan and if required, an approved Conceptual Plan.

(2)

The uses allowed in the M-2 District are based on the Use and Occupancy Classification specified in Chapter 3 of the 2006 International Building Code (2006 IBC), as may be amended from time to time. Where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-2 District, such use shall be classified in the group that the occupancy most clearly resembles, according to the fire safety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-2 District.

Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the M-2 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.

(1)

All permitted uses allowed in the M-1, Limited Manufacturing District.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-2 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the M-2 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-2 District:

(1)

Any listed permitted use or conditional use specified in that is not specifically listed in this District.

(2)

Any use specifically listed as an unspecified permitted use within any District that is not specifically listed in this District.

(3)

Any use listed in § 420-31 as a prohibited use.

(4)

Mini storage facility.

(1)

A principal or accessory use classified as a High-Hazard Group H use pursuant to Section 307 of the 2006 IBC that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas constructed and located as required in Section 414 of the 2006 IBC; provided, however, that the use is not listed as a prohibited use in Subsection C above, shall not be commenced or expanded on any parcel zoned M-2 as shown on Illustration 8 in Appendix A.

(2)

Recycling facilities (indoors).

(3)

Outside storage.

(4)

Utility substation.

Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-2 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the M-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the M-2 District.

(2)

Conditional uses allowed in the M-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the M-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the M-2 District and their related accessory uses and conditional uses allowed in the M-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the M-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the M-2 District as of the effective date of Ordinance No. 10-12 (March 15, 2010) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the M-2 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the M-2 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the M-2 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(2)

(3)

The following uses/structures are considered an accessory use in the M-2 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Canopy structure for passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 13'6" as measured from the ground to the underside of the canopy.

[2]

[3]

The canopy supports shall be constructed of stone, brick or other material approved by the Zoning Administrator to match the building.

[4]

(b)

Canopy structure for non-passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 18 feet as measured from the ground to the underside of the canopy.

Outdoor seating or patio area subject to the following standards:

[1]

The location of any outdoor seating or patio area shall be approved by the Zoning Administrator and may be required to meet the following standards:

[a]

[b]

The area shall be setback a minimum of 20 feet from any property line.

[c]

Landscaping shall be utilized to screen the area from abutting side and rear property lines.

(e)

(f)

Solar energy system for individual users per § 420-88.2.

(g)

Stormwater retention and detention facilities.

(h)

Utility substation building pursuant to the following standards:

[1]

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

[2]

[3]

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

(Reserved)

Prohibited uses. Uses that are not specifically allowed in the M-2 District by this chapter as specified in the foregoing sections are prohibited in the M-2 District. However, where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-2 District regulations, such use shall be classified in the group that the occupancy most clearly resembles, according to the fire safety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-2 District.

Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses, site, building and structures in the M-2 District shall comply with the following dimensional standards to the extent applicable:

(1)

(2)

Lot frontage on a public street: 150 feet minimum; however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding communication structure shall be pursuant to § 420-89 or a utility substation building shall be pursuant to the standards specified in this district.

(3)

Open space: 25% minimum.

(4)

Building standards:

(a)

Gross floor area: No maximum or minimum building area.

(b)

Principal building height: 60 feet maximum; however, the height of a principal building or part thereof may be increased to a maximum of 90 feet in height, provided that for every one foot above 60 feet, said principal structure shall be set back an additional 1.5 feet from all property lines.

(c)

Accessory building height: 30 feet maximum.

(d)

Setbacks. The following setbacks shall be considered to be minimum setbacks for principal or accessory buildings; greater setbacks may be required by state building codes.

[1]

[2]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[3]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

[4]

Side setback: 45 feet minimum for all buildings constructed after April 1, 2010, or 25 feet minimum for all buildings constructed before April 1, 2010.

[5]

Rear setback: 45 feet minimum for all buildings constructed after April 1, 2010, or 25 feet minimum for all buildings constructed before April 1, 2010.

[6]

Separation distances between principal buildings: 45 feet minimum.

[7]

Separation distances between principal and accessory buildings and between accessory buildings: 10 feet minimum.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-2 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal structures per lot: no limit.

(2)

Number of detached accessory buildings: no limit.

(3)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(4)

Site and operational plan requirements pursuant to Article IX of this chapter.

(5)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(6)

Sign requirements pursuant to Article X of this chapter.

(7)

Fence requirements pursuant to Article XI of this chapter.

(8)

(9)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-2 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes):

(a)

5:00 a.m. to 10:00 p.m. maximum for permitted post-secondary school; business or trade school; business or professional offices, storage facility; and permitted retail/wholesale uses.

(b)

All other uses: no limit.

(2)

(a)

6:00 a.m. to 10:00 p.m. maximum for permitted post-secondary school; business or trade school; business or professional offices, storage facility; and permitted retail/wholesale uses.

(b)

All other uses: no limit.

(3)

Except as otherwise specifically permitted by this chapter, all activities shall be conducted within a building.

(4)

No on-site residential uses are allowed.

(5)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(6)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(7)

(8)

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-125 M-3 Mineral Extraction and Landfill District.

[Amended 4-7-2014 by Ord. No. 14-08; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 8-11-2025 by Ord. No. 25-29]

Primary purpose and characteristics. The M-3 Mineral Extraction and Landfill District is intended to provide for the mineral extraction and landfill operations that provide maximum protection to surrounding uses and the natural environment. No such district shall be established unless it is in compliance with the Village Comprehensive Plan and if required, an approved Conceptual Plan.

Permitted uses. The following listed principal uses are allowed as permitted uses in the M-3 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.

(1)

Commercial communication structures per § 420-89.

(1)

Mining or extraction of rock, slate, gravel, sand, topsoil and other minerals.

(2)

Landfill.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the M-4 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the M-4 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the M-4 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(2)

(3)

The following uses/structures are considered an accessory use in the M-3 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Commercial communication structures per § 420-89.

(b)

Office uses related to a mineral or extraction related conditional use.

(c)

(d)

Solar energy system for individual users per § 420-88.2.

(e)

Utility substation building pursuant to the following standards:

[1]

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

[2]

[3]

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

Prohibited uses. Permitted principal uses or conditional uses that are not specifically allowed in the M-3 District by this chapter are prohibited in the M-3 District.

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-3 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot area: 50 acres minimum except that the minimum lot area for a freestanding communication structure shall be pursuant to § 420-89.

(2)

Lot frontage on a public street: 300 feet minimum; except that the minimum lot frontage on a public street for a freestanding communication structure shall be pursuant to § 420-89.

(3)

Building height and area.

(a)

No building or parts of a building shall exceed 60 feet in height.

(b)

No maximum or minimum building area.

(4)

Open space: 25% minimum.

(5)

Setbacks. The following setbacks shall be considered minimum setbacks for principal or accessory uses.

(a)

Principal structures and uses including the extraction or landfill area:

[1]

Five hundred feet minimum from all property lines;

[2]

Shore setback: 75 feet minimum.

[3]

Wetland setback: 75 feet minimum from any field delineated wetlands on the property.

(b)

Accessory uses, associated with any conditional use including any parking areas:

[1]

All property lines: 100 feet minimum.

[2]

Shore setback: 50 feet minimum.

[3]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

[4]

Separation distances between buildings: 45 feet minimum.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-3 District shall comply with the following design standards to the extent applicable:

(1)

Number of buildings: no limit.

(2)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(3)

Site and operational plan requirements pursuant to Article IX of this chapter.

(4)

Parking, access and traffic requirements pursuant to Article VIII of this chapter, except as required by this district.

(5)

Sign requirements pursuant to Article X of this chapter.

(6)

Fence requirements pursuant to Article XI of this chapter.

(7)

(8)

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes): 6:00 a.m. to 10:00 p.m. maximum unless more restrictive hours are specified in the conditional use permit.

(2)

Hours for deliveries, or any other activities outside the principal building (e.g., outside loading or unloading, the arrival of deliveries, idling of delivery trucks, beeping of backing vehicles, and garbage pickup), except for snow removal: 6:00 a.m. to 10:00 p.m. maximum unless more restrictive hours are specified in the conditional use permit.

(3)

Except as otherwise specifically permitted by this chapter, all activities shall be conducted within a building.

(4)

No on-site residential uses are allowed.

(5)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(6)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(7)

(8)

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-125.1 M-4 Power Generating District.

[Added 3-15-2010 by Ord. No. 10-13; amended 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 5-3-2021 by Ord. No. 21-07; 8-11-2025 by Ord. No. 25-29]

Purpose and characteristics. The M-4 Power Generating District is intended to provide for power generating facilities and related accessory uses that are not injurious to the point of constituting a nuisance to the occupants of adjacent properties by reason of the emission or creation of noise, vibration, smoke, dust or particle matters, toxic or noxious materials, odors, fire or explosive hazards, glare or heat and located in those areas where the relationship to surrounding land use would create few problems of compatibility. No such district shall be established unless it is in compliance with the Village Comprehensive Plan and if required, an approved Conceptual Plan.

(1)

Commercial communication structures per § 420-89.

(1)

Power generating plant.

(2)

Solar farm.

(3)

Utility substation.

(4)

Wind energy conversion system.

Accessory uses.

(1)

(a)

Accessory uses to principal permitted uses in the M-4 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the M-4 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(2)

(3)

The following uses/structures are considered an accessory use in the M-4 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Office use related to a listed conditional use.

(b)

(c)

Commercial communication structures per § 420-89.

(d)

Solar energy system for individual users per § 420-88.2.

(e)

Stormwater retention and detention facilities.

(f)

Utility substation building pursuant to the following standards:

[1]

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

[2]

[3]

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-4 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the M-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building or on the same site in the M-4 District.

(2)

Conditional uses allowed in the M-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building or on the same site in the M-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the M-4 District and their related accessory uses and conditional uses allowed in the M-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building or on the same site in the M-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the M-4 District as of the effective date of Ordinance No. 10-13 (March 15, 2010) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Prohibited uses. Uses that are not specifically allowed in the M-4 District by this chapter as specified in the foregoing sections are prohibited in the M-4 District.

Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses, sites, buildings and structures in the M-4 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot size: 50 acres minimum.

(2)

Lot frontage. Lot frontage on a public street: 300 feet minimum.

(3)

Open space: 40% minimum.

(4)

Building standards:

(a)

Gross floor area: No maximum or minimum building area.

(b)

Height: 250 feet maximum; however, the height of a building or part thereof may be increased not to exceed 300 feet in height, provided that for every one foot above 250 feet, said principal structure shall be set back an additional 10 feet from all property lines.

(c)

Setbacks. The following setbacks shall be considered to be minimum setbacks for principal and accessory structures or buildings; greater setbacks may be required by state building codes:

[1]

Street setback: minimum of 200 feet from all streets, except for entry gatehouse, which shall be set back a minimum of 65 feet from all streets.

[2]

Shore setback: 50 feet minimum.

[3]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

[4]

Side setback: 200 feet minimum; except for an entry gatehouse which shall be setback a minimum of 20 feet.

[5]

Rear setback: 200 feet minimum; except for an entry gatehouse which shall be setback a minimum of 20 feet.

[6]

Separation distance between buildings: 10 feet minimum.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-4 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal structures per lot: no maximum.

(2)

Number of detached accessory buildings: no maximum.

(3)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(4)

Site and operational plan requirements pursuant to Article IX of this chapter.

(5)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(6)

Sign requirements pursuant to Article X of this chapter.

(7)

Fence requirements pursuant to Article XI of this chapter.

(8)

(9)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-4 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation, including deliveries: no limit.

(2)

Except as otherwise specifically permitted by this chapter, all activities shall be conducted within a building.

(3)

No on-site residential uses are allowed.

(4)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(5)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(6)

(7)

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-125.2 M-5 Production Manufacturing District.

[Amended 4-7-2014 by Ord. No. 14-08; 4-17-2017 by Ord. No. 17-12; 7-17-2017 by Ord. No. 17-32; 2-19-2018 by Ord. No. 18-07; 5-14-2018 by Ord. No. 18-19; 3-18-2019 by Ord. No. 19-07; 7-1-2019 by Ord. No. 19-16; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 8-11-2025 by Ord. No. 25-29]

Purpose and characteristics.

(1)

The M-5 Production Manufacturing District is intended to provide for manufacturing, assembly, office, and research and development uses with limited warehouse and distribution uses within an enclosed structure wherein no high hazard uses are allowed and the method of manufacturing is not injurious to the point of constituting a nuisance to the occupants of adjacent properties by reason of the emission or creation of noise, vibration, smoke, dust or particle matters, toxic or noxious materials, odors, fire or explosive hazards, glare or heat and located in those areas where the relationship to surrounding land uses would create few problems of compatibility. This district also allows for office parks or individual office buildings. No such district shall be established unless it is in compliance with the Village Comprehensive Plan and if required, an approved Conceptual Plan.

(2)

Some of the uses allowed in the M-5 District are based on the Use and Occupancy Classification specified in Chapter 3 of the 2006 International Building Code (2006 IBC), as may be amended from time to time. Where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-5 District, such use shall be classified in the group that the occupancy most clearly resembles, according to the fire safety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-5 District.

Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the M-5 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.

(1)

Uses classified as Factory Group F in Section 306 of the 2006 IBC, including assembling, disassembling, fabricating, finishing, manufacturing, packaging, distributing [pursuant to Subsection C(3) below], repair or processing operations that are not classified as a Group H Hazard or Group S Storage pursuant to Sections 307 and 311 of the 2006 IBC; provided, however, the use is not listed as a prohibited use in Subsection C below.

(a)

Factory Industrial F-2 Low-hazard uses that involve the fabrication or manufacturing of noncombustible materials which during finishing, packing or processing do not involve a significant fire hazard, as determined by the Village Fire & Rescue Chief, including but not limited to beverages (up to and included 12% alcohol content); brick and masonry; ceramic products; foundries; glass products; gypsum; ice; and metal products (fabrication and assembly).

(b)

Factory Industrial F-1 Moderate-hazard uses which are not classified as Factory Industrial F-2 Low-hazard uses, including but not limited to aircraft; appliances; athletic equipment; automobiles and other motor vehicles; bakeries; beverages (over 12% alcohol content); bicycles; boats, building; brooms or brushes; business machines; cameras and photo equipment; canvas or similar fabric; carpet and rug (including cleaning); clothing; construction and agricultural machinery; disinfectants, dry cleaning and dyeing; electronics; engines (including rebuilding); food processing; furniture; hemp products; jute products; laundries; leather products; lighting products; machinery; metals; millwork (sash and door); motion pictures and television filming (without spectators); musical instruments; optical goods; paper mills or products; photographic film; plastic products; printing or publishing; recreational vehicles; shoes; soaps and detergents; textiles; tobacco; trailers; upholstering; wood, distillation; woodworking (cabinets).

(2)

Corporate-offices: law offices, accounting, architectural and engineering firms, insurance companies, research and development office, and other executive, corporate, management or administrative offices for businesses and corporations. Excluding a medical and health practitioner office or veterinarian office.

(3)

Commercial communication structures per § 420-89.

(4)

Stormwater detention or retention facilities.

(5)

Water storage tanks, towers and reservoirs and related appurtenances.

(6)

Medical uses. The following medical uses are allowed with approval of a payment in lieu of taxes (PILOT) agreement acceptable to the Village, if any portion of the property is exempt from paying Village of Pleasant Prairie real estate taxes.

Hospital.

Utility substation building pursuant to the following standards:

(a)

(b)

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

(c)

(d)

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

Auxiliary permitted uses.

(1)

Retail auxiliary permitted uses. The Plan Commission or Zoning Administrator may allow limited retail related auxiliary permitted uses; provided that the following limitations are satisfied: such uses are auxiliary to the permitted office or medical use(s), in that they are located in the principal office or medical building, and are designed to serve the needs of the occupants of the principal office building, and have no dedicated outside entrance to such building, and have no signage visible from the exterior of such building, and further provided that all retail and service auxiliary permitted uses in a principal office building together shall not occupy more than 10% of the gross floor area of such building, all subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.

(2)

Service auxiliary permitted uses. The Plan Commission or Zoning Administrator may allow limited service related auxiliary permitted uses; provided that the following limitations are satisfied: such uses are auxiliary to the permitted office or medical use(s), in that they are located in the principal office or medical building, and are designed to serve the needs of the occupants of the principal office building, and have no dedicated outside entrance to such building, and have no signage visible from the exterior of such building, and further provided that all service and retail auxiliary permitted uses in a principal office building together shall not occupy more than 10% of the gross floor area of such building, all subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.

(3)

Warehouse and distribution auxiliary permitted uses. The warehouse and distribution auxiliary uses which are uses classified as Storage Group S in Section 311 of the 2006 IBC that are not classified as a Group H Hazard pursuant to Section 307 of the 2006 IBC shall be auxiliary permitted uses in a building in the M-5 District, provided that all of the following limitations shall be satisfied:

(a)

Such uses are auxiliary to the permitted manufacturing or research and development use(s), in that they are located in the principal building;

(b)

All warehouse and distribution auxiliary permitted uses in a principal building together shall not occupy more than 30% of the gross floor area of such building, except that the building occupant's storage of raw materials and finished products assembled or produced on site shall be exempt from this 30% requirement;

(c)

The building facade area of dock doors is limited to a total of 25% of the building exterior walls; and

(d)

Such uses are subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.

(4)

Corporate campus auxiliary permitted uses. The following auxiliary uses are permitted within a corporate campus development either within any building or a separate standalone building within the corporate campus. A "corporate campus" for this section is defined as a development with multiple buildings on a single lot, provided that a minimum of 60% of the gross floor area of all of the buildings within the campus development is being developed as permitted uses listed in Subsection B(1) and (2) on a single lot with Village approval of a Master Conceptual Plan. As a part of the Master Conceptual Plan, the Village Board may, on a case-by-case basis, allow for buildings to be constructed and occupied in phases pursuant to an approved development agreement, wherein reasonable conditions for the development construction are made and reasonable time frames for the required permitted uses to be constructed and occupied within the corporate campus development are required.

(a)

(b)

Retreat center or corporate retreat center, with or without overnight stays in a separate building on the property of the permitted use or within the same building as the permitted use on the property.

(c)

Service auxiliary permitted uses. The Plan Commission or Zoning Administrator may allow limited service related auxiliary permitted uses; provided that the following limitations are satisfied: such uses are auxiliary to the permitted use(s), in that they are designed to serve the needs of the corporate campus occupants and the general public, provided that they are subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.

(d)

Warehouse and distribution uses within a corporate campus are permitted auxiliary to permitted manufacturing use(s) on the lot to the extent all warehouse and distribution auxiliary uses within the corporate campus shall not occupy more than 30% of the gross floor area of all of the buildings on the lot, except that the buildings' occupants' storage of raw materials and finished products assembled or produced on the site shall be exempt from this 30% requirement, the building facade area of dock doors is limited to a total of 25% of any building's exterior walls, and such uses are subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.

(e)

Helipad subject to the following standards:

[1]

Allowed only as an accessory use within a corporate campus.

[2]

The area shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Administration and the Wisconsin Department of Transportation and any other federal or state agency with jurisdiction.

[3]

Any helipad shall be situated so that the approach zones are free of any flight obstructions, such as towers, chimneys, other tall structures or natural obstructions outside the airport site.

[4]

Special consideration shall be given to the installation of equipment normally associated with the use of helicopters such as proper ground markings and lighting, wind direction signals, fire-fighting extinguishers, radio communications equipment, and tie-down spaces.

[5]

Copies of all necessary federal and state permits shall be provided.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-5 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the M-5 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-5 District:

(1)

Any listed permitted use or conditional use or unspecified permitted use specified in any other district that is not expressly listed in this district.

(2)

Any use specifically listed as an unspecified permitted use within any District that is not specifically listed in this District.

(3)

Any adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.

(4)

Any use classified as a High-Hazard Group H use pursuant to Section 307 of the 2006 IBC that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas constructed and located as required in Section 414 of the 2006 IBC.

(5)

Any use listed in § 420-31 as a prohibited use.

(1)

Utility substation.

(2)

Outside storage.

(3)

Uses that create high-skill, living wage jobs and advancing or introducing clean industry or technology to the region, provided that the uses are not classified as a High-Hazard Group H pursuant to Section 307 of the 2006 IBC in the M-5 District. These uses include the following:

(a)

Packaging, fulfillment and distribution of products in the medical, pharmaceutical, pharmacy or nutrition/nutraceutical industries.

(b)

Software, cloud computing, autonomous vehicle/mobility, IoT, artificial intelligence or similar technology of the future.

Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-5 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the M-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the M-5 District.

(2)

Conditional uses allowed in the M-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the M-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the M-5 District and their related accessory uses and conditional uses allowed in the M-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the M-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the M-5 District as of the effective date of Ordinance No. 13-22 (June 17, 2013) and any related accessory uses existing as of such date may be continued in the same principal building along with other existing agricultural related uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the M-5 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the M-5 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the M-5 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(2)

(3)

The following uses/structures are considered an accessory use in the M-5 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

(b)

Helipad subject to the following standards:

[1]

Allowed only as an accessory use for a hospital.

[2]

[3]

Any helipad shall be situated so that the approach zones are free of any flight obstructions, such as towers, chimneys, other tall structures or natural obstructions outside the airport site.

[4]

[5]

Copies of all necessary federal and state permits shall be provided.

(c)

Outdoor seating or patio area subject to the following standards:

[1]

The location of any outdoor seating or patio area shall be approved by the Zoning Administrator and may be required to meet the following standards:

[a]

[b]

The area shall be setback a minimum of 20 feet from any property line.

[c]

Landscaping shall be utilized to screen the area from abutting side and rear property lines.

(d)

Canopy structure for passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 13'6" as measured from the ground to the underside of the canopy.

[2]

[3]

The canopy supports shall be constructed of stone, brick or other material approved by the Zoning Administrator to match the building.

[4]

(e)

Canopy structure for non-passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 18 feet as measured from the ground to the underside of the canopy.

Commercial communication structures per § 420-89.

(g)

Stormwater detention or retention facilities.

(h)

Solar energy system for individual users per § 420-88.2.

(i)

Utility substation building pursuant to the following standards:

[1]

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

[2]

[3]

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission.

(Reserved)

Prohibited uses. Uses that are not specifically allowed in the M-5 District by this chapter as specified in the foregoing sections are prohibited in the M-5 District. However, where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-5 District regulations, such uses shall be classified in the group that the occupancy most clearly resembles, according to the fire safety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-5 District.

Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses, sites, buildings and structures in the M-5 District shall comply with the following dimensional standards to the extent applicable.

(1)

Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure pursuant to § 420-89 or a utility substation building pursuant to the standards specified in this district.

(2)

Lot frontage. Lot frontage on a public street: 150 feet minimum; however, for that on a substantial curve or cul-de-sac, the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding communication structure pursuant to § 420-89 or a utility substation building pursuant to the standards specified in this district.

(3)

Open space: 25% minimum.

(4)

Building standards:

(a)

Gross floor area. No maximum or minimum building area.

(b)

Principal building height: 60 feet maximum; however, the height of a principal building or part thereof may be increased to a maximum of 100 feet in height, provided that for every one foot above 60 feet, said principal structure shall be set back an additional 1.5 feet from all property lines.

(c)

Accessory building height: 30 feet maximum.

(d)

Setbacks. The following setbacks shall be considered to be minimum setbacks for principal or accessory buildings; greater setbacks may be required by state building codes.

[1]

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads for buildings.

[2]

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

[3]

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

[4]

Side setback: 45 feet minimum for all buildings.

[5]

Rear setback: 45 feet minimum for all buildings.

[6]

Separation distance between all buildings: 45 feet minimum.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-5 District shall comply with the following design standards to the extent applicable:

(1)

Number of principal structures per lot: no limit.

(2)

Number of detached accessory buildings: no limit.

(3)

Fences may be allowed pursuant to § 420-81; however, chain-link fences shall be vinyl-coated and the color shall be black, earth tones or complementary to the color of the building.

(4)

Dock doors may face a public street; only under special circumstances with an approved screening and maintenance plan as approved by the Plan Commission.

(5)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(6)

Principal building standards. All facades that are visible to and facing the public street and any portions of the building with office uses shall provide architectural details and elements such as but not limited to varying roof heights, varying fenestration and other appropriate architectural elements. In addition, the office area of the building shall have an appearance of a two-story building.

(7)

Principal office building standards (for medical uses; and stand-alone corporate office buildings where no manufacturing, distribution and/or warehouse activities are conducted in the office building):

(a)

Each principal office building shall have a minimum of two floors above grade.

(b)

(c)

The gross floor area for all auxiliary permitted uses within a principal office building shall not exceed 10% of the gross floor area of such building.

(d)

Height: 30 feet minimum.

(8)

Site and operational plan requirements pursuant to Article IX of this chapter, except as provided below:

(a)

Buildings shall comply with the facade design requirements in this subsection. The Village Zoning Administrator shall have the discretion to adjust the minimum glazed area percentages set forth below among various facades of a building so long as all facades, taken together, satisfy the minimum glazed area percentages (for example, any individual facade may be less than the minimum so long as one or more of the other facades exceeds the minimum such that the total glazed area for all facades equals or exceeds the minimum glazed area percentages); provided, however, that the glazing on the sides visible from the public streets or highways outside the district shall not be less than stated minimum percentages.

[1]

Manufacturing. Portions of the building used for manufacturing or directly related warehousing and/or distribution uses, as defined in Subsection C(3)(b) above, shall have a minimum glazed area (calculated on the basis of all manufacturing or directly related warehousing and/or distribution building facade areas) of 5%.

[2]

Medical uses and office building(s). Portions of the building used for corporate office or research and development uses shall have a minimum glazed area (calculated on the basis of all office or research and development building facade areas) of 25%.

[3]

Parking garages. Parking garages shall have entry and exit stairwells and lobbies that are visible from the exterior, and any such areas visible from the exterior shall have a minimum glazed area of 25%.

[4]

Utility substations; utility substation building. Utility substations and utility substation buildings shall have no minimum glazing requirement.

(b)

Construction materials. Principal buildings, accessory buildings, parking garages and any penthouse areas associated with such building or structure shall comply with the following requirements for construction materials:

[1]

Glazed area. The following requirements apply to all glazed areas:

[a]

Glazed areas may be tinted or clear glass. Mirrored glass is prohibited.

[b]

Anodized or powder-coated aluminum curtain wall systems, storefront systems and accents are allowed.

[c]

Stainless steel, bronze or brass curtain wall systems. Storefront systems and accents are allowed.

[d]

Anodized or powder-coated aluminum metal panels or other metal panels are allowed if integral to window wall or curtain wall systems or if used for trim, soffits, canopy, sun protection systems or mechanical penthouses.

[e]

Door frames. Door frames shall complement window frames in material, finish and color.

[2]

Nonglazed area. The nonglazed areas of any building in this district shall comply with the standard in § 420-57H(2)(g). Additionally, architectural precast concrete panels, through the application/addition of certain finishing elements (e.g., reveals, relief, and dimension), finish, shape, color or texture shall contribute to the architectural form, style and aesthetics or the structure. Architectural precast concrete may be structural (e.g., load-bearing element) and/or decorative (e.g., building cladding) and may be conventionally reinforced or prestressed. Architectural precast concrete panels shall not result in plain, blank walls.

[3]

Roofs (architectural features). Section 420-57H(2)(i) shall not apply. Architectural roof features or forms shall be copper or zinc-coated aluminum metal panels or slate or architecturally painted metal panels.

[4]

Mechanical screening. All mechanical units, ground or roof-mounted, shall be screened from public view by either landscaping or other approved high-quality architectural-grade metal screening or panels as specifically approved by the Plan Commission.

(9)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(10)

Sign requirements pursuant to Article X of this chapter.

(11)

Fence requirements pursuant to Article XI of this chapter.

(12)

(13)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-5 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes):

(a)

From 5:00 a.m. to 10:00 p.m. maximum for corporate offices; medical offices; and service or retail uses allowed as auxiliary permitted uses.

(b)

All other uses: no limit.

(2)

Hours for deliveries, or any other activities outside the principal building (e.g., outside loading or unloading, the arrival of deliveries, idling of delivery trucks, beeping of backing vehicles, and garbage pickup), except for snow removal, unless more restrictive hours are required by the Plan Commission due to its proximity to residential development:

(a)

6:00 a.m. to 10:00 p.m. maximum for corporate offices; medical offices; and service or retail uses allowed as auxiliary permitted uses.

(b)

All other uses: no limit.

(3)

Except as otherwise specifically permitted by this chapter, all activities shall be conducted within a building.

(4)

No on-site residential uses are allowed (overnight stays associated with a retreat center shall not be considered a residential use).

(5)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(6)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(7)

(8)

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-126 I-1 Institutional District.

[Amended 3-3-2008 by Ord. No. 08-11; 4-21-2008 by Ord. No. 08-21; 3-15-2010 by Ord. No. 10-22; 12-20-2010 by Ord. No. 10-66; 4-7-2014 by Ord. No. 14-08; 3-7-2016 by Ord. No. 16-02; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 8-11-2025 by Ord. No. 25-28]

Purpose and characteristics. The I-1 Institutional District is intended to provide for civic, educational, office, medical and other specific institutional uses, whether public or private, to serve the needs of the community. No such district shall be established unless it is in compliance with the Village Comprehensive Plan and if required, an approved Conceptual Plan.

Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the I-1 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and other Village ordinances and codes:

(1)

Educational uses.

(a)

Primary or secondary schools and career academies.

(b)

Post secondary school.

(c)

(2)

Office and medical uses.

Hospital.

Hospice.

Nursing home.

Public administrative offices and public service buildings, including fire and police stations, community center, weigh station and welcome center.

Day-care center.

Library.

Museum or art gallery.

(6)

Post office.

(7)

Religious institution: church, temple, mosque and other place of worship excluding religious institutional housing.

(8)

Retail sale of religious affiliated merchandise.

(9)

Commercial communication structures per § 420-89.

(10)

Water storage tanks, towers and reservoirs and related appurtenances.

(11)

Village composting/recycling facility.

(12)

Utility substation building pursuant to the following standards:

(a)

(b)

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

(c)

(d)

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the I-1 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the I-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, and without limitation, the following uses shall not be construed to be permitted uses in the I-1 District:

(1)

Any listed permitted use or conditional use specified in any zoning district that is not specifically listed in this District.

(2)

Any use specifically listed as an unspecified permitted use within any District that is not specifically listed in this District.

(3)

Any use listed in § 420-31 as a prohibited use.

(1)

Animal care facility.

(2)

Cemetery.

(3)

Temporary classroom structure.

(4)

Utility substation.

(5)

Outside storage.

Combination of uses. Except as otherwise specifically provided in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the I-1 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:

(1)

Permitted uses allowed in the I-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the I-1 District.

(2)

Conditional uses allowed in the I-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the I-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(3)

Permitted uses allowed in the I-1 District and their related accessory uses and conditional uses allowed in the I-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the I-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any other use or any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.

(4)

Nonconforming uses existing in the I-1 District as of the effective date of Ordinance No. 08-11 (March 3, 2008), and any related accessory uses as of such date, may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.

Accessory uses.

(1)

Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the I-1 District are allowed, subject to Article IX and all other applicable provisions of this chapter and other Village ordinances and codes, as follows:

(a)

Accessory uses to principal permitted uses in the I-1 District are allowed.

(b)

Accessory uses to principal conditional uses allowed in the I-1 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.

(2)

The following uses/structures are considered an accessory use in the I-1 District. In the event of any issue about whether a particular use is an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.

(a)

Helipad subject to the following standards:

[1]

Allowed only as an accessory use to a hospital.

[2]

[3]

Any helipad shall be situated so that the approach zones are free of any flight obstructions, such as towers, chimneys, other tall structures or natural obstructions outside the airport site.

[4]

[5]

Copies of all necessary federal and state permits shall be provided.

(b)

Religious housing or retreat center subject to the following standards:

[1]

Allowed only as an accessory use to a religious institution.

[2]

Housing may include residential living quarters such as but not limited to convents, seminaries, rectories, parsonages, parish houses and residential quarters for clergy.

[3]

If more than one living unit is proposed, then the lot size shall be a minimum of 10 acres.

[4]

The Plan Commission may limit the number of living units within a building or on the property.

(c)

Dormitory subject to the following standards:

[1]

Allowed only as an accessory use to a post-secondary school campus.

[2]

Minimum campus area: 10 acres of contiguous parcels exclusive of public roads.

[3]

The Plan Commission may limit the number of living units within a building or on the campus.

(d)

Canopy structure for passenger vehicles or automobiles to drive under or park under subject to the following standards:

[1]

Said canopy shall not exceed a maximum clearance height of 13'6" as measured from the ground to the underside of the canopy.

[2]

[3]

The canopy supports shall be constructed of stone, brick or other material approved by the Zoning Administrator to match the building.

[4]

(e)

Outdoor seating or patio area subject to the following standards:

[1]

The location of any outdoor seating or patio area shall be approved by the Zoning Administrator and may be required to meet the following standards:

[a]

[b]

The area shall be setback a minimum of 20 feet from any property line.

[c]

Landscaping shall be utilized to screen the area from abutting properties.

(f)

Commercial communication structures per § 420-89.

(g)

Solar energy system for individual users per § 420-88.2.

(h)

Stormwater retention and detention facilities.

(i)

Utility substation building pursuant to the following standards:

[1]

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

[2]

All utility substations building sites shall be landscaped, screened and marked with appropriate warning signs. The Plan Commission/Zoning Administrator may require the facility to be surrounded by a commercial fence.

[3]

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

(3)

Prohibited uses. Uses that are not specifically allowed in the I-1 District by this chapter and listed in § 420-31 are prohibited in the I-1 District.

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the I-1 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot size: one acre minimum, except that the minimum lot size for a freestanding commercial communication structure pursuant to § 420-89, a utility substation building pursuant to the standards specified in this district or religious housing or retreat center pursuant to the standards in this district. Any property rezoned into the I-1 District after August 11, 2025 that is less than five acres shall be located on an arterial or collector street except for uses that are not open to the public.

(2)

Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve, the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure pursuant to § 420-89 or a utility substation building pursuant to the standards specified in this district.

(3)

Open space: 30% minimum.

(4)

Building standards:

(a)

No maximum or minimum building area shall be required in the I-1 Institutional District due to the variety of uses within this district and the diverse building demands of each use.

(b)

Height. Except as expressly allowed in this chapter, the maximum height shall be 35 feet. However, the Village Plan Commission may allow, on a case-by-case basis, the height of a building to increase up to 60 feet, and further provided that the Plan Commission shall have the authority to require greater setbacks for buildings that exceed 35 feet.

(5)

Setbacks:

(a)

Street setback: minimum of 65 feet from arterial streets or highways, and a minimum of 30 feet from nonarterial streets or private roads.

(b)

Side setback: 25 feet minimum; except for buildings with a gross floor area greater than 4,000 square feet then the minimum side setback shall increase to 30 feet minimum.

(c)

Rear setback: 25 feet minimum; except for buildings with a gross floor area greater than 4,000 square feet then the minimum side setback shall increase to 30 feet minimum.

(d)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(e)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(f)

Separation distances between structures: as required by the current commercial building code effective in the Village.

(g)

The Plan Commission may require increased setbacks for any school (public or private primary or secondary schools and career academies) located adjacent to any residential zoned property. In addition, the location of paved outside play/recess areas shall be located a minimum of 20 feet from all side and rear property lines and a minimum of 50 feet from any property line adjacent to a public or private street. Furthermore, adequate pick-up and drop-off areas shall be provided to ensure that traffic is not queuing on a public street.

(6)

School (public or private primary or secondary schools and career academies), religious institution or day-care centers for children are allowed in the I-1 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, provided that the physically separate defined area of the building in which a school, religious institution or day-care center for children use is proposed to be commenced or expanded shall be not less than 300 feet in a direct line from the nearest lot line of any lot on which any adult-oriented use is located or has a vested right to locate.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the I-1 District shall comply with the following design standards to the extent applicable:

(1)

All accessory uses shall be on the same lot or approved site as the principal use, except for shared off-street parking or access pursuant to Article VIII of this chapter.

(2)

Site and operational plan requirements pursuant to Article IX of this chapter.

(3)

Parking, access and traffic requirements pursuant to Article VIII of this chapter. Adequate pick-up and drop-off areas shall be provided to ensure that traffic is not queuing on a public street.

(4)

Sign requirements pursuant to Article X of this chapter.

(5)

Fence requirements pursuant to Article XI of this chapter.

(6)

(7)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the I-1 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes): 5:00 a.m. to 10:00 p.m. maximum, except for the following uses:

(a)

Hospital, hospice, nursing home, fire and police station, weigh station or welcome centers: no limit;

(b)

Veterinarian office may be open for emergency services between 10:00 p.m. and 5:00 a.m. on an on-call basis only;

(c)

For uses requiring a Village liquor license: as provided in § 125.68(4), Wis. Stats.;

(d)

More restricted hours limited by the Plan Commission or Zoning Administrator due to its proximity to a residential zoned property; and

(e)

More restricted hours may be established by the Plan Commission pursuant to a conditional use permit.

(2)

Hours for deliveries, or any other activities outside the principal building that might cause a disturbance to neighboring residential areas (e.g., outside loading or unloading, the arrival of deliveries, the idling of delivery trucks, the beeping of backing vehicles, and garbage pickup), except for snow removal: 7:00 a.m. to 10:00 p.m. maximum, unless more restrictive hours are required by the Plan Commission due to its proximity to residential development.

(3)

Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.

(4)

(5)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(6)

Each building, structure and site shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(7)

Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the I-1 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water shall be so connected before any addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to institutional), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.

§ 420-127 PR-1 Neighborhood Park-Recreational and Other Open Space District.

[Amended 3-16-2009 by Ord. No. 09-09; 5-4-2009 by Ord. No. 09-20; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 4-24-2023 by Ord. No. 23-19; 8-11-2025 by Ord. No. 25-30]

Purpose and characteristics. The PR-1 Neighborhood Park-Recreational and Other Open Space District is intended to provide for areas for stormwater facilities and other limited recreational and open space uses including public neighborhood parks. No such district shall be established unless it is in compliance with the Comprehensive Plan.

Permitted uses/structures. The following listed permitted uses/structures, and certain unspecified permitted uses approved pursuant to Subsection C below, are allowed as permitted uses/structures in the PR-1 District, subject to all other applicable provisions of this chapter and other Village ordinances and codes:

(1)

Stormwater detention or retention facilities.

(2)

Neighborhood park (owned/maintained by the Village) including but not limited to the following uses/structures: beaches and outdoor swimming areas; boating and fishing; historic monuments or sites; ice skating, sledding and tobogganing areas; pedestrian trails; picnic areas; play fields/courts, athletic fields/courts and tot lots; and pavilions, gazebos, other shelters or maintenance buildings and restroom facilities.

(3)

Limited open space and other recreational uses (outside of a neighborhood park) including but not limited to the following uses/structures: beaches and outdoor swimming areas; boating and fishing; historic monuments or sites; pedestrian trails; play fields/courts, athletic fields/courts and tot lots; ice skating, sledding and tobogganing areas; pavilions, gazebos, other shelters or maintenance buildings and restroom facilities.

(4)

Commercial communication structures (as a principal or accessory use per § 420-89).

(5)

Solar energy system for individual users (as an accessory use per § 420-88.2).

(6)

Utility substation building, as an accessory use, pursuant to the following standards:

(a)

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

(b)

(c)

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve a permitted use/structure not listed in Subsection B above if the proposed use/structure is similar in character to one or more of the listed permitted uses/structures in the PR-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use/structure approved shall be subject to all requirements of this District. Notwithstanding the foregoing authorization, and without limitation, the following uses shall not be construed to be permitted uses in the PR-1 District:

(1)

Any listed unspecified permitted use or conditional use listed in any other zoning district that is not listed in Subsection B above.

(2)

Any use listed in § 420-31 as a prohibited use.

(Reserved)

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-1 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot size: shall provide for sufficient area for the proposed uses and associated structures, parking, open space and setback requirements.

(2)

Lot frontage on a public or private street: 45 feet minimum.

(3)

Open space: 75% minimum.

(4)

No building/structure shall exceed 25 feet in height.

(5)

Maximum building area: 1,000 square feet per building.

(6)

Setbacks, unless otherwise specified, for structures:

(a)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads.

(b)

Side setback: 30 feet minimum.

(c)

Rear setback: 30 feet minimum.

(d)

Shore setback: 50 feet minimum adjacent to Lake Michigan provided that the shore remains stabilized and protected, and 35 feet minimum adjacent to all other navigable waterways.

(e)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(f)

Separation distances between structures: as required by the current commercial building code effective in the Village.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-1 District shall comply with the following design standards to the extent applicable:

(1)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(2)

Site and operational plan requirements pursuant to Article IX of this chapter, except that the Zoning Administrator may allow other building materials as may be appropriate for the building type and particular use.

(3)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(4)

Sign requirements pursuant to Article X of this chapter.

(5)

Fence requirements pursuant to Article XI of this chapter.

(6)

(7)

Any required garbage/recycling enclosure shall be constructed pursuant to the requirements of § 420-57.7G.

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-1 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for recreational and maintenance purposes): 6:00 a.m. to 10:00 p.m. maximum, or as approved by the Village.

(2)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(3)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(4)

(5)

(6)

Municipal services required.

(1)

Authorized sanitary sewer system. See § 420-32 of this chapter.

(2)

Authorized water supply system. See § 420-33 of this chapter.

§ 420-127.1 PR-2 Community Park-Recreational District.

[Added 3-16-2009 by Ord. No. 09-10; amended 5-4-2009 by Ord. No. 09-21; 3-15-2010 by Ord. No. 10-22; 5-17-2010 by Ord. No. 10-30; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 5-3-2021 by Ord. No. 21-07; 2-28-2022 by Ord. No. 22-04; 4-24-2023 by Ord. No. 23-19; 6-26-2023 by Ord. No. 23-26; 12-11-2023 by Ord. No. 23-51; 4-11-2024 by Ord. No. 24-05; 8-11-2025 by Ord. No. 25-30; 10-27-2025 by Ord. No. 25-42]

Purpose and characteristics. The PR-2 Community Park-Recreational District is intended to provide for public or private park, open space and recreational uses to serve the adjacent neighborhoods or the entire community. No such district shall be established unless it is in compliance with the Village Comprehensive Plan.

Permitted uses/structures. The following listed permitted uses/structures, and certain unspecified permitted uses approved pursuant to Subsection C below are allowed as permitted uses/structures in the PR-2 District, subject to all other applicable provisions of this chapter and other Village ordinances and codes.

(1)

Community park (operated by the Village) including but not limited to the following uses or structures: amphitheaters and band shells; beaches and outdoor swimming areas; boating and fishing; eating establishments; historic monuments or sites; ice skating, sledding and tobogganing areas; miniature golf; nature or education centers; pedestrian trails; picnic areas; play fields/courts, athletic fields/courts and tot lots; pavilions, gazebos, other shelters or maintenance buildings and restroom facilities; and skate or bike parks.

(2)

Limited open space and recreational uses (outside of a community park) including but are not limited to the following uses or structures: amphitheaters and band shells; beaches and outdoor swimming areas; boating and fishing; eating establishments; historic monuments or sites; ice skating, sledding and tobogganing areas; miniature golf; nature or education centers; pedestrian trails; picnic areas; play fields/courts, athletic fields/courts and tot lots; pavilions, gazebos, other shelters or maintenance buildings and restroom facilities; and skate and bike parks.

(3)

Marina.

(4)

Stormwater detention or retention facilities.

(5)

Commercial communication structures (as a principal or accessory use per § 420-89).

(6)

Solar energy system for individual users (as an accessory use per § 420-88.2).

(7)

Utility substation building, as an accessory use, pursuant to the following standards:

(a)

The Plan Commission/Zoning Administrator may reduce the setbacks required as specified in this district to not less than 10 feet to allow for proper landscaping and screening.

(b)

(c)

The design and building materials shall be complementary to the surrounding properties and are subject to approval of the Plan Commission/Zoning Administrator.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve a permitted use/structure not listed in Subsection B above if the proposed use/structure is similar in character to one or more of the listed permitted uses/structures in the PR-2 District and if the use is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use/structure approved shall be subject to all requirements of this District. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the PR-2 District:

(1)

Any listed unspecified permitted use or conditional use listed in any other zoning district that is not listed in Subsection B above.

(2)

Any use listed in § 420-31 as a prohibited use.

(1)

Archery ranges (outdoor).

(2)

Campgrounds (commercial).

(3)

Golf courses.

(4)

Golf driving ranges.

(5)

Residential quarters for owner, proprietor, employee or caretaker located on the premises or a short-term rental pursuant to § 66.1014, Wis. Stats., and obtaining a permit pursuant to Chapter 320 of the Village Municipal Code.

(6)

(Reserved)

(7)

Beer garden.

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-2 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be pursuant to § 420-89.

(2)

Lot frontage on a public or private street: 45 feet minimum.

(3)

Open space: 75% minimum per lot.

(4)

No building/structure shall exceed 40 feet in height.

(5)

No maximum or minimum building area is required.

(6)

Setbacks, unless otherwise specified, for all structures:

(a)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads.

(b)

Side setback: 40 feet minimum.

(c)

Rear setback: 40 feet minimum.

(d)

Shore setback: 50 feet minimum adjacent to Lake Michigan, provided that the shore remains stabilized and protected, and 35 feet minimum adjacent to all other navigable waterways.

(e)

Wetland setback: 25 feet minimum from any delineated wetlands on the property.

(f)

Separation distances between structures: as required by the current commercial building code effective in the Village.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-2 District shall comply with the following design standards to the extent applicable:

(1)

All accessory uses or structures shall be on the same lot or approved site as the principal use.

(2)

(3)

Parking, access and traffic requirements pursuant to Article VIII of this chapter.

(4)

Sign requirements pursuant to Article X of this chapter.

(5)

Fence requirements pursuant to Article XI of this chapter.

(6)

Swimming pool requirements pursuant to Article XII of this chapter.

(7)

(8)

Any required garbage/recycling enclosure shall be constructed pursuant to the requirements of § 420-57.7G.

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-2 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation (when the public is allowed to enter or remain on site for business purposes): 6:00 a.m. to 10:00 p.m. maximum or as approved by the Village; for uses requiring a Village liquor license: as provided in Chapter 194 of the Village Municipal Code, except a beer garden may be open from 5:00 a.m. to 9:00 a.m. for special events, provided that alcoholic beverages are not served, sold or consumed prior to 9:00 a.m.

(2)

(3)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(4)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(5)

(6)

Municipal services required.

(1)

Authorized sanitary sewer system. See § 420-32 of this chapter.

(2)

Authorized water supply system. See § 420-33 of this chapter.

§ 420-127.2 PR-3 Regional Park-Recreational District.

[Added 3-16-2009 by Ord. No. 09-10; amended 5-4-2009 by Ord. No. 09-22; 3-15-2010 by Ord. No. 10-22; 10-24-2011 by Ord. No. 11-32; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 5-3-2021 by Ord. No. 21-07; 10-24-2022 by Ord. No. 22-30; 4-24-2023 by Ord. No. 23-19; 4-11-2024 by Ord. No. 24-05; 8-11-2025 by Ord. No. 25-30]

Purpose and characteristics. The PR-3 Regional Park-Recreational District is intended to provide for park, open space and recreational uses to serve the community and the surrounding region. No such district shall be established unless it is in compliance with the Village Comprehensive Plan.

Permitted uses/structures within a regional park. The following listed permitted uses/structures, and certain unspecified permitted uses approved pursuant to Subsection C below are allowed as permitted uses/structures in the PR-3 District, subject to all applicable provisions of this chapter and other Village ordinances and codes:

(1)

Daycare and educational uses, including preschools; day camps; and nature or educational centers.

(2)

(3)

Indoor recreational facilities and activities, including auditoriums; gymnasiums instruction studios; physical fitness facilities; day spa or med spa; and play fields/courts and athletic fields/courts.

(4)

Limited indoor retail, services or medical uses incidental to recreational uses are allowed as approved by the Zoning Administrator.

(5)

Outdoor recreational facilities and activities, including but not limited to the following uses or structures: beaches and outdoor swimming areas; boating and fishing; historic monuments or sites; ice skating, sledding and tobogganing areas; miniature golf; nature or education centers; pedestrian trails; picnic areas; play fields/courts, athletic fields/courts and tot lots; and skate and bike parks.

(6)

Public administrative offices and public service buildings, including fire and police stations, community centers, public emergency shelters, and welcome centers.

(7)

Pavilions, gazebos or other shelters; maintenance buildings; and restroom facilities.

(8)

Eating establishments.

(9)

Stormwater detention or retention facilities.

(10)

Amphitheaters and band shells.

(11)

Therapeutic recreational and physical therapy facilities.

(12)

Commercial communication structures (as a principal or accessory use per § 420-89).

(13)

Solar energy system for individual users (as an accessory use per § 420-88.2).

(14)

Mobile food truck (not serving alcoholic beverages) located in Village approved designated areas.

(15)

Beer gardens with or without live entertainment, with or without food service, including mobile food trucks located in approved designated areas.

Unspecified permitted uses. The Zoning Administrator shall have authority to approve a permitted use/structure not listed in Subsection B above if the proposed use/structure is similar in character to one or more of the listed permitted uses/structures in the PR-3 District and if the use is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use/structure approved shall be subject to all requirements of this District. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the PR-3 District:

(1)

Any listed unspecified permitted use or conditional use listed in any other zoning district that is not listed in this District.

(2)

Any use listed in § 420-31 as a prohibited use.

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-3 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot size: 25 acres minimum, that may include multiple contiguous properties.

(2)

Lot frontage on a public street: 300 feet minimum.

(3)

Open space: 75% minimum.

(4)

No building/structure shall exceed 100 feet in height; except for a pavilion, gazebo, other shelters, maintenance buildings or restroom facilities which shall not exceed 25 feet in height.

(5)

Building area. No maximum or minimum building area required.

(6)

Setbacks, unless otherwise specified, for all structures:

(a)

Street setback: minimum of 40 feet from arterial streets or highways; a minimum of 10 feet from the back of curb of a nonarterial street; provided that the structure is not located within a public right-of-way; and a minimum of 10 feet from the edge of private roads.

(b)

Side setback: 40 feet minimum.

(c)

Rear setback: 40 feet minimum.

(d)

Shore setback: 50 feet minimum adjacent to Lake Michigan, provided that the shore remains stabilized and protected; 35 feet minimum adjacent to all other navigable waterways except Lake Andrea, wherein the shore setback may be reduced to not less than 10 feet, provided that the shore remains stabilized and protected.

(e)

Wetland setback: 25 feet minimum from any delineated wetlands on the property.

(f)

Separation distances between structures: as required by the current commercial building code effective in the Village.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-3 District shall comply with the following design standards to the extent applicable:

(1)

(2)

Parking, access and traffic requirements pursuant to Article VIII of this chapter, except as provided below:

(a)

The setback of parking lots, driveway maneuvering lanes, and fire lanes: shall be located on the property a minimum of 30 feet from the back of curb or edge of pavement of any arterial streets or highways and a minimum of five feet from nonarterial streets or private roads.

(b)

Parking spaces shall be provided throughout the site; the number and location shall be approved by the Plan Commission.

(c)

Park access roadways are not required to have curb and gutter and may be reduced to 26 feet in width.

(3)

Sign requirements pursuant to Article X of this chapter, unless specifically approved by the Zoning Administrator due to the unique size, site characteristics and need to provide directional information to the site amenities.

(4)

Fence requirements pursuant to Article XI of this chapter.

(5)

(6)

Any required garbage/recycling enclosure shall be constructed pursuant to the requirements of § 420-57.7G.

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-3 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation: as approved by the Village.

(2)

Hours for deliveries: as approved by the Village.

(3)

No on-site residential uses are allowed, except for sleeping quarters for fire and rescue personnel within a fire station.

(4)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(5)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(6)

(7)

Municipal services required.

(1)

Authorized sanitary sewer system. See § 420-32 of this chapter.

(2)

Authorized water supply system. See § 420-33 of this chapter.

§ 420-127.3 PR-4 Sports and Conservation Club District.

[Added 10-27-2025 by Ord. No. 25-42]

Purpose and characteristics. The PR-4 Sports and Conservation Club District is intended to provide uses and structures that support a sports and conservation club. No such district shall be established unless it is in compliance with the Village Comprehensive Plan.

Permitted uses/structures. The following listed permitted uses/structures, and certain unspecified permitted uses approved pursuant to Subsection C below, are allowed as permitted uses/structures in the PR-4 District, subject to all other applicable provisions of this chapter and other Village ordinances and codes:

(1)

Principal uses/structures.

(a)

Sports and conservation club.

(b)

Commercial communication structure (as a principal or accessory use per § 420-89).

(2)

Accessory uses/structures. The following permitted accessory uses/structures to an established sports and conservation club are allowed.

(a)

Retail sale of sports and conservation club related merchandise.

(b)

Eating establishment.

(c)

Use of facilities for private scheduled events.

(d)

Cleaning, preparing and storing birds harvested within an accessory building.

(e)

Recreational vehicles used for dwelling purposes for a maximum of 30 days in any one calendar year related to non-commercial events subject to the following requirements:

[1]

The living unit shall not be permanently connected to sewer lines, water lines, or electricity. The recreational vehicle may be connected to electricity temporarily for charging batteries and other related purposes.

[2]

All sanitary or water tanks shall be properly emptied.

[3]

Shall be parked on a paved or gravel surface.

(f)

Non-commercial dog kennel, dog training and hunting dog trials to support the sports and conservation club activities.

(g)

Fowl or poultry; provided no more than one fowl or poultry over two months of age shall be kept for each acre zoned PR-4 on the property. This excludes fowl or poultry associated with the sports and conservation club activities.

(h)

Residential quarters for the owner, proprietor, employee, or caretaker of the sports and conservation club and the area within the PR-4 District.

[1]

No more than two single-family dwellings are allowed.

[2]

Each single-family dwelling shall meet the minimum design standards as pursuant to § 420-108F of this chapter.

[3]

Decks (per § 420-87).

[4]

Swimming pools/hot tubs (per Article XII).

[5]

Home occupations (per Article VII).

(i)

Buildings to support the sports and conservation club uses and activities such as but not limited to: storage buildings, clubhouse, and locker rooms.

(j)

Structures to support the sports and conservation club uses and activities such as observation towers, gazebos or pavilions.

(k)

Residential communication structures (per § 420-90).

(l)

Solar energy system for individual users (per § 420-88.2).

Unspecified permitted uses. The Zoning Administrator shall have authority to approve a permitted accessory use/structure not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted accessory uses/structures in the PR-4 District and if the use is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use/structure approved shall be subject to all requirements of this chapter. Notwithstanding the foregoing authorization, the following uses are prohibited in the PR-4 District:

(1)

Any listed unspecified permitted use or conditional use listed in any other zoning district that is not listed in this district.

(2)

Any use listed in § 420-31 as a prohibited use.

Special licensed uses. Some uses require a special license approved by the Village Board and may only be operated pursuant to and in accordance with such license. The granting of a Village license by the Village Board is not assured by the permitted use status or by the granting of any other permit or approval under this chapter.

Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-4 District shall comply with the following dimensional standards to the extent applicable:

(1)

Lot size. Lots shall provide sufficient area for the proposed uses and associated structures, parking and setback requirements; however, the land area zoned PR-4 shall be a minimum of five acres.

(2)

No building/structure shall exceed 50 feet in height.

(3)

Setbacks, unless otherwise specified, for all structures:

(a)

Street setback: 65 feet minimum from arterial streets or highways and 30 feet minimum as measured from nonarterial streets or private roads.

(b)

Side setback: 30 feet minimum as measured from the property line or to be exterior boundary of the PR-4 District boundary; provided no structures straddle property lines.

(c)

Rear setback: 30 feet minimum as measured from the property line or to be exterior boundary of the PR-4 District boundary; provided no structures straddle property lines.

(d)

Shoreland setback: 50 feet minimum.

(e)

Wetland setback: 25 feet minimum for any field delineated wetland on the property.

(f)

Separation distances between structures: as required by the current commercial building code effective in the Village.

Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-4 District shall comply with the following design standards to the extent applicable:

(1)

(2)

Parking, access and traffic requirements pursuant to Article VIII of this chapter; however, the Zoning Administrator may allow for gravel parking areas provided that adequate stormwater facilities are accommodated.

(3)

Sign requirements pursuant to Article X of this chapter.

(4)

Fence requirements pursuant to Article XI of this chapter.

(5)

Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the PR-4 District shall comply with the following operational standards to the extent applicable:

(1)

Hours of operation: 6:00 a.m. to 12:00 midnight or as approved by the Village for uses requiring a Village liquor license as provided in Chapter 194 of the Village Municipal Code except for certain early morning or overnight uses, such as but not limited to: bird releases, camping or non-commercial agriculture crop related operations.

(2)

Hours for deliveries, or any other activities outside the principal building that might cause a disturbance to neighboring residential areas (such as outside loading or unloading, the arrival of deliveries, idling of delivery trucks, beeping of backing vehicles, and garbage pickup), except for snow removal: 6:00 a.m. to 10:00 p.m.

(3)

Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.

(4)

Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.

(5)

Each use, site, building and structure shall be operated in full compliance with any required site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.

(6)

§ 420-128 C-1 Lowland Resource Conservancy District.

[Amended 5-7-2007 by Ord. No. 07-18; 10-6-2008 by Ord. No. 08-51; 3-16-2009 by Ord. No. 09-17; 3-19-2012 by Ord. No. 12-14; 4-7-2014 by Ord. No. 14-08; 3-7-2016 by Ord. No. 16-03; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 8-11-2025 by Ord. No. 25-30]

Primary purpose and characteristics. The C-1 Lowland Resource Conservancy District is intended to be used to prevent the destruction of wetlands. Wetlands are unique and valuable natural resources that filter nutrients and sediments out of water, keeping our lakes and streams clean; wetlands reduce flood damage by storing runoff from heavy rains or snow melt; wetlands are spawning and nursery areas for fish such as northern pike; wetlands are home to waterfowl, songbirds, pheasants, fur-bearers, and a number of rare or endangered animal and plant species; wetlands buffer adjacent uplands against wave and current erosion; and wetlands are scenic.

Designation of lowland conservancy areas. Lands mapped as wetlands have soils formed under wet conditions and have water at or near the surface often enough to be able to support plants adapted to wet conditions. For the purpose of determining which areas are to be located in the C-1 Lowland Resource Conservancy District, the Village Community Development Department has established wetland map resources which reflect the best data available to the Village. The district delineation process shall make use of the 2005 Wisconsin Department of Natural Resources Final Wetland Inventory Maps, as may be amended from time to time, in delineating wetlands.

Mapping disputes. Whenever there is a discrepancy between the Official Zoning Map and actual field conditions, the discrepancy shall be resolved by the property owner or his/her agent by completing a wetland staking by a qualified biologist by any manner specified below:

(1)

Wisconsin Department of Natural Resources (WI DNR) assured biologist. The WI DNR offers a program for wetland consultants to have WI DNR assess their accuracy in determining wetland boundaries. Individuals are assured for purposes of State of Wisconsin permits and state-mandated local programs. By using an assured biologist, concurrence from WI DNR is not needed and wetland delineation issues are unlikely to cause delays in state permit decisions for sites at which these individuals are the lead field delineator and report author. Using this method allows for early planning and the permit application process to proceed more quickly. This approval, however, may not satisfy wetland requirements for the U.S. Army Corps of Engineers (ACOE) for any required permits necessary from the ACOE. A list of WI DNR assured biologists can be found on the WI DNR website.

(a)

The property owner or his/her agent contracts with a WI DNR assured biologist to complete a site investigation and wetland report and stake the location of the wetlands on the property, referred to as a "wetland staking."

(b)

Upon completion of the wetland staking, the following shall be submitted to the Village:

[1]

A letter from WI DNR verifying the biologist is a WI DNR assured biologist.

[2]

A wetland report prepared by the biologist.

[3]

A plat of survey prepared by a Wisconsin professional land surveyor that includes, at a minimum, the property boundaries and location of any structures on the property; location and legal description of the field-delineated wetlands; a note indicating the name of the biologist that completed the wetland staking and the date(s) the wetlands were staked; clear notations as to which areas are wetlands and which areas are uplands; and the square footage or acreage of each.

[4]

A complete application and application fee to amend the Village Comprehensive Land Use Map and the Village Zoning Map pursuant to Village requirements for said amendments.

(2)

Non-WI DNR assured biologist. The property owner or his/her agent contracts with a qualified biologist to complete a site investigation and wetland report and stake the location of the wetlands on the property, referred to as a "wetland staking." Upon completion of the wetland staking and written approval from the WI DNR, the following shall be submitted to the Village:

(a)

A letter from WI DNR approving the wetland staking.

(b)

A wetland report prepared by the biologist.

(c)

(d)

A complete application and application fee to amend the Village Comprehensive Land Use Map and the Village Zoning Map pursuant to Village requirements for said amendments.

(3)

Southeastern Wisconsin Regional Planning Commission (SEWRPC) staff biologist. The Village will, upon receipt of a complete application, coordinate with the staff biologist from the SEWRPC, based on their availability, a site investigation and wetland report and stake the location of the wetlands on the property, referred to as a "wetland staking." The following procedure will be used:

(a)

The property owner or his/her agent shall submit a completed wetland staking application form to the Community Development Department. In addition, the property owner/agent shall submit an application fee pursuant to Article V of this chapter.

(b)

The property owner or his/her agent shall have the property boundaries clearly delineated and staked on the site by a Wisconsin professional land surveyor so that the field biologist can clearly identify the site boundaries.

(c)

Upon receipt of the completed application, the Community Development Department staff shall forward a written request letter to SEWRPC to schedule the services of its field biologist.

(d)

A representative from SEWRPC will contact the Village staff with the date and time of the field staking appointment. The staking appointment may be scheduled more than 90 days after the receipt of a completed application by the Village. The Community Development Department or SEWRPC will notify the owner or his/her agent of the appointment date and approximate time so that the owner/agent can notify the Wisconsin professional land surveyor.

(e)

The SEWRPC field biologist will field-stake the wetlands by flagging the limits of the wetlands on the subject property.

(f)

The property owner/agent shall contact his/her Wisconsin professional land surveyor to prepare a plat of survey of the wetlands within five days from the date of the biologist's field staking. The owner/agent shall submit the plat of survey to the Community Development Department within 30 days from the date of the biologist's staking.

(g)

The plat of survey, as certified by a Wisconsin professional land surveyor, shall include, at a minimum, the following information: the property boundaries and all structures on the property; the location of the wetlands as staked in the field by the biologist, including a legal description of the wetland area(s); a notation of the date when the wetlands were field-staked and which agency, that is, "Wetland boundary as marked by (agency) SEWRPC on (date) August 5, 1996"; clear notations as to which areas are wetlands and which areas are uplands; and the square footage or acreage of each.

(h)

If the plat of survey is not completed and received by the Community Development Department within the required 30 days from the date of the field staking, the Village will, after providing notice, have the plat of survey completed, and all associated costs will be invoiced to the property owner pursuant to application requirements (pre-development agreement) specified in Article V of this chapter.

(i)

Upon receipt of the plat of survey, the Village will forward a copy of the plat of survey to the SEWRPC for final review and approval.

(j)

Within 30 days of receipt of the final written approval from SEWRPC, the Village will initiate an application to amend the Village Comprehensive Land Use Map and the Village Zoning Map pursuant to Village requirements for said amendments. All associated costs will be invoiced to the property owner pursuant to application requirements (pre-development agreement) specified in Article V of this chapter.

Permitted uses. The following uses may be allowed within this district as a principal or accessory use with approval, as applicable, from the WI DNR and or ACOE.

(1)

Hiking, fishing, trapping, hunting, swimming, and boating, unless otherwise prohibited by law, provided that the activity does not involve filling, flooding, draining, dredging, ditching, tilling or excavation.

(2)

The maintenance and repair of existing agricultural drainage systems.

(3)

The construction or maintenance of fences subject to Article XI of this chapter.

(4)

Stormwater detention or retention facilities.

(5)

Commercial communication structures (per § 420-89) unless otherwise prohibited by law, provided that the activity does not involve filling, flooding, draining, dredging, ditching, tilling or excavation.

(6)

The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance.

(7)

The maintenance, repair, replacement or reconstruction of existing roadways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

(8)

Wildlife management structures needed to support open space or wetland preservation uses, provided that impacts on the wetlands are minimal.

(9)

Other uses may be approved by the Zoning Administrator if allowed by the WI DNR and or the US ACOE. If the property has additional zoning designations, then the proposed use in the wetlands shall be consistent with the uses allowed in said zoning designation.

Stipulated conservancy permit:

(1)

A stipulated conservancy permit may be issued by the Community Development Department only after a completed application is reviewed and approved by the Village for the following uses within the C-1 District:

(a)

Removing of non-native wetland or prairie plants;

(b)

Mowing or cutting of any non-native plants, bushes or trees;

(c)

Planting of native plants and plant materials; or

(d)

Burning, debrushing or any other form of wetland maintenance.

(2)

The procedures for the review of a stipulated conservancy permit shall be followed.

(a)

An owner/agent shall submit a complete application, related materials and fee for the stipulated conservancy permit to the Community Development Department.

(b)

The owner/agent is required to obtain any and all necessary permits from the ACOE and the DNR. These permits, if required, shall be obtained prior to the Village issuing the stipulated conservancy permit.

(c)

Copies of the application and related materials will be sent to all abutting property owners within 200 feet, the DNR, the SEWRPC, and the ACOE for a 20-day review period of the application.

(d)

After the 20-day review period is complete, the Village shall approve or deny the permit. If the permit is approved the owner must agree to the stipulations prior to the issuance of the permit.

(e)

The stipulated conservancy permit application, site plan, stipulations and legal description page shall be recorded and filed with the Kenosha County Register of Deeds office by the Village staff. The applicant must submit the filing and recording fee to the Village.

(f)

An individual, group, or agency may submit a conservancy management plan and/or a restoration plan for review and approval for the above-listed activities.

(g)

A stipulated conservancy permit may be valid for up to two years with a renewal of said permit only if the management/restoration plan has not been changed or altered in any manner.

(h)

Fee for a stipulated conservancy permit: See § 420-29F of this chapter.

Structures. No building or structure shall be permitted in this District unless expressly approved by the Zoning Administrator subject to the requirements of this district and all other Village Ordinance requirements.

Setbacks. The Zoning Administrator shall approve the location of any structures, that may be allowed within a C-1 District. In addition, many buildings and structures are required to be setback a minimum distance from any field delineated wetlands as specified in this chapter.

§ 420-129 C-2 Upland Resource Conservancy District.

[Amended 7-17-2006 by Ord. No. 06-34; 7-20-2009 by Ord. No. 09-44; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 5-3-2021 by Ord. No. 21-07; 8-11-2025 by Ord. No. 25-33]

Primary purpose and characteristics. The C-2 Upland Resource Conservancy District is intended to preserve, protect, enhance and restore all significant woodlands, areas of rough topography, and related scenic areas. Regulation of these areas will serve to control erosion and sedimentation and will promote and maintain the natural beauty of the Village of Pleasant Prairie.

Principal uses.

(1)

Agricultural uses.

(2)

Hunting and fishing.

(3)

Preservation of scenic, historic and scientific areas.

(4)

Forest and game management.

(5)

Park and recreation areas.

(6)

One single-family dwelling.

(7)

Commercial communication structures (per § 420-89).

Accessory uses.

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

General farm buildings, including barns, silos, stables, sheds, and storage bins.

(3)

Home occupations.

(4)

Private garages and carports.

(5)

Solar energy system for individual users (as an accessory use per § 420-88.2).

Lot size and width.

(1)

Lot size: five acres minimum, except as provided below in Subsection E(2).

(2)

If a tree survey which has identified and surveyed all trees eight inches or larger in diameter shows that the tree area is less than five acres, then the Village Board may allow for a new lot to be created in the C-2 District to be reduced to the size of the tree area; however, the lot size shall not be less than 20,000 square feet.

(3)

Lot frontage on a public street: 300 feet minimum; provided, however, that on a curve or a cul-de-sac the public street frontage may be reduced as necessary to an absolute minimum of 150 feet if all other requirements are satisfied, except as provided below in Subsection E(4).

(4)

If a tree survey which has identified and surveyed all trees eight inches or larger in diameter shows that the tree area is less than five acres, then the Village Board may allow for the lot frontage to be reduced to the amount of the tree frontage; however, the frontage shall not be less than 100 feet; provided, however, that on a curve or a cul-de-sac, the public street frontage may be reduced as necessary to an absolute minimum of 50 feet if all other requirements are satisfied.

(5)

If the lot size and lot frontage are reduced pursuant to Subsection E(2) and (4) above, then the only permitted uses allowed in the district shall include:

(a)

Preservation of scenic, historic and scientific areas.

(b)

Park and recreation areas.

(c)

One single-family dwelling.

(6)

If the lot size and lot frontage are reduced pursuant to Subsection E(2) and (4) above, then the only accessory uses allowed in the district shall include:

(a)

Gardening, tool and storage sheds incidental to the residential use.

(b)

Home occupations.

(c)

Private garages and carports.

Building height and area.

(1)

No building or part of a building shall exceed 35 feet in height.

(2)

The total minimum floor area of a dwelling shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.

Setbacks.

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.

(4)

Side setback: 25 feet minimum.

(5)

Rear setback: 50 feet minimum.

(6)

Setback between structures: 25 feet minimum.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-130 C-3 Natural and Scientific Area Resource Conservancy District.

[Amended 4-7-2014 by Ord. No. 14-08; 3-16-2009 by Ord. No. 09-17; 3-7-2016 by Ord. No. 16-04; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 8-11-2025 by Ord. No. 25-30]

Primary purpose and characteristics. The C-3 Natural and Scientific Area Resource Conservancy District is intended to preserve and enhance existing natural features, including scenic, historic, and scientific areas and associated plant and animal communities, and to prevent the destruction of valuable natural, scenic and scientific resources, including wetlands, shorelands or navigable waters, prairies, meadows, sand dunes, woodlands, wildlife habitat and areas with high erosion hazard. Incompatible development in these areas may result in hazards to the public health and safety, may deplete or destroy invaluable and irreplaceable natural resources, or may be otherwise detrimental to public welfare.

Designation of the natural and scientific area resource conservancy areas.

(1)

Lands mapped as natural and scientific areas include those lands identified in a continuous open space preservation consisting of continuous environmental corridor, including valuable natural, scenic and scientific resources of special scientific interest, wildlife habitat areas, and critical plant habitat areas where several Wisconsin rare, threatened or endangered plant species are identified, wetlands, prairies, meadows, sand dunes, woodlands and areas subject to flooding and high erosion hazards.

(2)

For the purpose of determining which areas are to be located in the C-3 Natural and Scientific Area Resource Conservancy District, the Village Community Development Department has conservancy areas mapped as natural and scientific resources as a result of the planning and study efforts encompassed in the Southeastern Wisconsin Regional Planning Commission's Community Assistance Planning Report, titled "A Land Use Management Plan for the Chiwaukee Prairie-Carol Beach Area of the Town of Pleasant Prairie." The resulting Land Use Management Plan provides a technically sound, long-term guide to natural resource base protection and preservation. The Land Use Management Plan seeks to preserve a substantial portion of the existing natural features of the area through the maintenance of a continuous environmental corridor connecting the Kenosha Sand Dunes on the north end and the area with the Chiwaukee Prairie Preserve on the south end. The Land Use Management Plan identifies the lands within the corridor to be acquired and maintained as a natural area/wildlife area by a combination of state and private conservancy interests. The Wisconsin Department of Natural Resources and the Nature Conservancy of Wisconsin have identified land acquisition areas for permanent resource protection.

Mapping corrections in the C-3 District. Upon the public or the private, nonprofit purchase of land within the Chiwaukee Prairie and Carol Beach Area pursuant to Map 35 on Page 166 of the Community Assistance Planning Report No. 88 prepared by SEWRPC entitled "A Land Use Management Plan for the Chiwaukee Prairie-Carol Beach Area of the Town of Pleasant Prairie," the Village shall initiate the process to rezone the property into the C-3 Natural and Scientific Resource Conservancy District.

Permitted uses. The following uses may be allowed within this district as a principal or accessory use with approval, as applicable, from the WI DNR, ACOE or FEMA.

(1)

The development of public parks and recreation areas, boat access sites, natural and outdoor education areas, historic and scientific areas; provided that the impacts on the environmental areas are minimal.

(2)

Wildlife management structures needed to support open space or wetland preservation uses, provided that impacts on the environmental areas are minimal.

(3)

The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance.

(4)

(5)

The establishment of roadways and trails for access to scenic, historic and scientific areas, provided that the roadway or trail is located, designed and constructed to minimize the adverse impact upon the natural functions of the area and meets the following standards:

(a)

The roadway or trail shall be designed and constructed with the minimum cross section practical to serve the intended use;

(b)

Any filling, flooding, drainage, dredging, ditching, tiling or excavating that is to be done must be necessary for the construction or maintenance of the roadway or trail.

(6)

The construction or maintenance of fences subject to Article XI of this chapter.

(7)

Stormwater detention or retention facilities.

(8)

(9)

Stipulated conservancy permit.

(1)

(a)

Removing of non-native wetland or prairie plants;

(b)

Mowing or cutting of any non-native plants, bushes or trees;

(c)

Planting of native plants and plant materials; or

(d)

Burning, debrushing or any other form of wetland maintenance.

(2)

The procedures for the review of a stipulated conservancy permit shall be followed.

(a)

An owner/agent shall submit a complete application, related materials and fee for the stipulated conservancy permit to the Community Development Department.

(b)

(c)

Copies of the application and related materials will be sent to all abutting property owners within 200 feet, the DNR, the SEWRPC, and the ACOE for a 20-day review period of the application.

(d)

After the 20-day review period is complete, the Village shall approve or deny the permit. If the permit is approved, the owner must agree to the stipulations prior to the issuance of the permit.

(e)

(f)

An individual, group, or agency may submit a conservancy management plan and/or a restoration plan for review and approval for the above-listed activities.

(g)

A stipulated conservancy permit may be valid for up to two years with a renewal of said permit only if the management/restoration plan has not been changed or altered in any manner.

(h)

Fee for a stipulated conservancy permit. See § 420-29F of this chapter.

(1)

No building structure shall be permitted, except those permitted in subsection D. Furthermore, no on-site soil absorption sanitary sewerage system, holding tank, or private well shall be constructed in the C-3 District.

(2)

No building or part of a building shall exceed 35 feet in height.

(3)

No maximum or minimum building area shall be required in the C-3 District.

Setbacks. The Zoning Administrator shall approve the location of any structures, that may be allowed within a C-3 District. The following minimum setbacks are required for any building that may be allowed in this district:

(1)

Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads.

(2)

Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.

(3)

Wetland setback: 25 feet minimum from any field delineated wetlands on the property.

(4)

Side setback: 10 feet minimum.

(5)

Rear setback: 10 feet minimum.

(6)

Setback between structures: 25 feet minimum.

§ 420-131 (Reserved) [1]

[1]

Editor's Note: Former § 420-131, FPO Floodplain Overlay District, as amended, was repealed 4-11-2024 by Ord. No. 24-05.

§ 420-132 (Reserved) [1]

[1]

Editor's Note: Former § 420-132, APO Agricultural Preservation Overlay District, as amended, was repealed 9-19-2011 by Ord. No. 11-27.

§ 420-133 AGO General Agricultural Overlay District.

[Amended 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-07; 7-20-2020 by Ord. No. 20-26; 8-11-2025 by Ord. No. 25-24]

Primary purpose and characteristics. The AGO General Agricultural Overlay District is intended to provide for existing agricultural lands to continue in their current uses until such time as the land is proposed to be developed for urban purposes in accordance with the underlying zoning district and pursuant to the Village Comprehensive Plan.

Permitted uses/structures.

(1)

For lots 10 acres or larger:

(a)

Any permitted principal or accessory uses/structures allowed in the A-2 District.

(b)

Any permitted principal or accessory uses/structures not allowed in the A-2 District but allowed in the underlying district is only allowed if the AGO District is removed pursuant to § 420-13.

(2)

For lots less than 10 acres but a minimum of five acres:

(a)

Any permitted principal or accessory uses/structures allowed in the A-3 District.

(b)

Any permitted principal or accessory uses/structures not allowed in the A-3 District but allowed in the underlying district is only allowed if the AGO District is removed pursuant to § 420-13.

(3)

For lots less than five acres:

(a)

Any permitted principal or accessory uses/structures allowed in the underlying District that is also allowed in the A-3 District.

(b)

Any permitted principal or accessory uses/structures not allowed in the A-3 District but allowed in the underlying district is only allowed if the AGO District is removed pursuant to § 420-13.

Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII for procedures and additional standards and requirements). There are no conditional uses specified for this District.

Dimensional, design and operational standards. Except as specifically provided in this chapter, all uses, sites, buildings and structures in the AGO District shall comply with the dimensional, design and operational standards to the extent applicable as set forth in the A-2 District for lots 10 acres or larger; the A-3 District for lots less than 10 acres but a minimum of five acres; and the underlying District for lots less than five acres.

Authorized sanitary sewer system. See § 420-32 of this chapter.

Authorized water supply system. See § 420-33 of this chapter.

§ 420-134 Sports Shooting Range Overlay District.

[Added 1-27-2025 by Ord. No. 25-04; amended 10-27-2025 by Ord. No. 25-42]

Primary purpose and characteristics. The Sports Shooting Range Overlay (SSRO) District is intended to provide for regulations related to additional permitted uses that may be developed within the underlying zoning district. This Overlay District may incorporate other natural features such as wetlands, woodlands, shorelands, floodplains and other natural resources.

Permitted uses. The following listed principal or accessory uses are allowed as permitted uses in this Overlay District, subject to the requirements of this chapter and of other Village ordinances and codes:

(1)

Sports shooting range, as defined in Wis. Stats. § 895.527, allowed to operate between the hours of 6:00 a.m. and 11:00 p.m. for the following:

(a)

Use of shotguns;

(b)

Use of other firearm types within existing ranges established prior to January 1, 2024.

(2)

Any permitted uses specified in the underlying Zoning District.

(3)

The following accessory uses are allowed on the properties within this overlay district:

(a)

Apiculture (beekeeping); provided no more than five beehives are kept for each acre on lots that are a minimum of 10 acres.

(b)

Non-commercial agricultural crops. An area managed and maintained to grow and harvest crops as an accessory use to a sports shooting range.

(c)

Educational related classes and activities related to sports shooting range.

(d)

Non-commercial tent camping related to sports shooting range.

(e)

Dog training and trials.

All other requirements of the Village Zoning Ordinance[1] shall apply to lands within this Overlay District.

[1]

Editor's Note: See Ch. 420, Zoning Ordinance.

§ 420-135 UHO Urban Land Holding Overlay District.

[Amended 8-11-2025 by Ord. No. 25-24]

Primary purpose and characteristics. This district is intended to be used where land is expected to experience further urban development in accordance with underlying zoning but where such development cannot be permitted at the present time due to the existence of one or more deficiencies, including lack of essential services, such as municipal sanitary sewer, water or stormwater management facilities; or the need to provide for access to existing, adjacent or landlocked properties or other development matters.

Principal uses. Any existing principal use as permitted in the underlying basic use district, except that any expansions thereof shall be subject to compliance with requirements pursuant to Subsection H and review of site plans pursuant to Subsection I below.

Accessory uses. Any existing accessory use as permitted in the underlying basic use district, except that any expansions thereof shall be subject to review of site plans under Subsection I below.

Conditional uses. Any existing conditional use shall, or existing uses entitled to conditional use status which apply for such status, except that any expansion thereof shall, in addition to meeting the requirements for conditional uses of this chapter, in the process of having its conditions set, be subjected to review of site plans under Subsection I below.

Dimensional and design standards. As specified in the underlying basic use district.

Operational standards. As specified in the underlying basic use district.

Setbacks. As specified in the underlying basic use district.

Authorized sanitary sewer system and water supply system. As permitted in the underlying basic use district.

Review of site plans.

(1)

If any existing use is proposed to be expanded prior to removal of this overlay district, then before permits are issued the owner shall first obtain site plan approval from the Village Zoning Administrator to ensure that the proposed expansion:

(a)

Will not worsen an existing deficiency of the property or neighborhood or prevent the eventual solution of such deficiencies; or

(b)

Does not interfere with future expansion of streets or stormwater drainage or adversely affect future development or platting of the remainder of the property or adjacent properties.

(2)

If a new single-family dwelling is proposed to be constructed on a vacant lot where the underlying zoning district allows for a single-family dwelling and municipal sewer and water is not readily available; then prior to issuance of a permit for said dwelling, the property owner shall execute the Village prepared Waiver of Special Assessment Notice and Hearing for the future extension of said municipal utilities. Said Waiver provides the owners with advanced notice of contemplated special assessment for future extension of these municipal utilities. Said waiver shall be recorded at the Kenosha County Register of Deeds Office, at the owner's expense, as a conditional precedent to issuance of the permit for said dwelling.

§ 420-136 LUSA Limited Urban Service Area Overlay District.

[Amended 8-11-2025 by Ord. No. 25-33]

Primary purpose and characteristics. This district is intended to be placed on existing platted land where urban development could legally occur but where typical urban municipal services, such as municipal sanitary sewer, municipal water and effective stormwater management improvements, are not available and will not be available in the foreseeable future.

Limited urban services available.

(1)

Properties within this district are not located within the Village of Pleasant Prairie Master Sanitary Sewer System Master Plan, which means that the Village has no plans in the foreseeable future to extend municipal sanitary sewer to service these properties and that these properties, if developed, will require a private on-site sewage disposal system or holding tank. In addition, the State of Wisconsin Department of Natural Resources has not included the properties within this district in the Sanitary Sewer Service Area, which means that the Village cannot extend sanitary sewers within this area.

(2)

Properties within this district are not located within the Village of Pleasant Prairie Master Water Utility System Master Plan, which means that the Village has no plans in the foreseeable future to extend municipal water to service these properties and that if developed these properties will required a private well to be installed for potable water. In addition, since there is no municipal water service, no municipal fire hydrants are located in the area, and water for fire protection must be hauled by tanker.

(3)

Properties within this district are known to have high groundwater levels, which are influenced both by Lake Michigan water levels and weather conditions.

(4)

Properties in this district are frequently subject to standing surface water, in part because this area is not served by urban stormwater systems that can effectively and efficiently convey stormwater, and this situation may be exacerbated by further development. Such stormwater improvements would be very difficult or impossible to provide due to the high groundwater table, the generally level topography which precludes efficient drainage, the fact that any improvements would require a permit under Ch. 30, Wis. Stats., from the Wisconsin Department of Natural Resources, and the fact that the DNR has expressed serious concern that any such improvements would dewater the wetlands in the area.

(5)

Properties within this district may be located adjacent to a dedicated public road right-of-way that is not improved, and the Village has no plans in the foreseeable future to make such improvements on roads in the area which have not already been improved.

Principal uses. Any principal use permitted in the underlying basic use zoning district.

Accessory uses. Any accessory use permitted in the underlying basic use zoning district.

Conditional uses. Any conditional use permitted in the underlying basic use zoning district.

Dimensional and design standards. As specified in the underlying basic use district.

Operational standards. As specified in the underlying basic use district.

Setbacks.

(1)

Street setback: as required in the underlying basic use zoning district.

(2)

Shore setback: as required in the underlying basic use zoning district.

(3)

Side setback: as required in the underlying basic use zoning district.

(4)

Rear setback: as required in the underlying basic use zoning district.

Authorized sanitary sewer system. As permitted in the underlying basic use district.

A property owner who develops property located in the LUSA Overlay District, notwithstanding the nonavailability of typical urban municipal services within the foreseeable future, necessarily accept the risks of doing so and needs to design any such development to take account of the nonavailability of such services. The Village disclaims any responsibility for any loss or damage arising out of or resulting from the nonavailability or inadequacy of municipal services in the LUSA District.

§ 420-137 PUD Planned Unit Development Overlay District.

[Amended 3-20-2006 by Ord. No. 06-13; 1-16-2012 by Ord. No. 12-01; 3-2-2015 by Ord. No. 15-09; 7-20-2020 by Ord. No. 20-26; 8-11-2025 by Ord. No. 25-33]

Primary purpose and characteristics. The Village Board of Trustees has the authority to create planned development districts. The PUD Planned Unit Development Overlay District, set forth herein, is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning and diversified location of structures. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to provide for development opportunities to be designed to protect, enhance and benefit from unique environmental features on a site; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD Overlay District under this chapter will allow for flexibility of overall development design, with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining, insofar as possible, the land use density and other standards or use requirements set forth in the underlying basic zoning district. The unified and planned development of a site in a single or corporate ownership or control or in common ownership under the Unit Ownership Act[1] set forth in Ch. 703, Wis. Stats. (condominiums), may be permitted by the Village Board upon specific application under this section and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures, when all regulations and standards as set forth in this section have been met.

[1]

Editor's Note: Now titled the "Condominium Ownership Act."

District created. So as to ensure a maximum benefit to both the community and to developers and so as to provide flexibility in planning in all the districts created under this chapter, there is hereby created the Planned Unit Development Overlay District.

Principal, accessory and conditional uses. Principal, accessory and conditional uses permitted in a planned unit development overlay district shall conform to uses permitted in the underlying basic use district, except that the PUD Overlay District may expand, limit or prohibit certain permitted principal, accessory and conditional uses specified in the basic use district, as determined by the Village Board. Any conditional use listed within an existing PUD Ordinance adopted prior August 11, 2025 that is no longer listed as a conditional use in the underlying District, is not subject to obtaining a conditional use permit for any expansion.

Ownership. Areas designated as PUD Overlay Districts shall be under single or corporate ownership or control at the time of their creation.

Modifications allowed. The PUD Overlay District may also modify, with approval of the Village Board, dimensional requirements including but not limited to setbacks, structure height, lot width and area requirements of the underlying basic zoning district. In addition the PUD Overlay District may also modify, with approval of the Village Board, other sections of the Zoning Ordinance including but not limited to traffic, parking and access requirements and sign requirements.

Minimum sanitary sewer and water requirements. All planned unit developments shall be on public sanitary sewer. All planned unit development shall be on public water system, except for the planned unit developments in the A-2 and A-3 Districts that create four or fewer lots wherein water is not readily available as determined by the Village Administrator.

Preapplication conference and general layout conceptual plan. Prior to the official submission of the application for the approval of a planned unit development overlay district, the owner or his agent making such application shall meet with the Community Development Department to discuss the scope and proposed nature of the contemplated development and data and other information as deemed appropriate and pertinent for presentation to the Village. At the preapplication conference, the owner or agent shall present a general layout conceptual plan, including drawings and sketches of the proposed development and figures or calculations that are pertinent to the development, using as a general guideline the requirements set forth in Subsection H(2) below.

Application. Following the preapplication conference, the owner or his agent may file an application with the Zoning Administrator on forms furnished by the Community Development Department for approval of a planned unit development overlay district. Such application shall be accompanied by the review fee required under Article V of this chapter as well as the following information:

(1)

A statement which sets forth the relationship of the proposed planned unit development to any existing or proposed comprehensive plan or any adopted component thereof, and the general character of and the uses to be included in the proposed planned unit development, including the following information:

(a)

Total area to be included in the planned unit development, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

(b)

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features of common open spaces.

(c)

A general outline of the organizational structure of a property owners' association which may be proposed to be established for the purpose of providing any necessary private services or maintenance of common open spaces.

(d)

Any proposed departures from the standards of development as set forth in this chapter, other Village regulations or administrative rules or applicable county, state or federal requirements.

(e)

The expected date of commencement, schedule of development by phases, and completion of physical development as set forth in the proposal.

(2)

A detailed development site plan, including:

(a)

A survey and legal description of the boundaries of the subject property included in the proposed planned unit development and its relationship to surrounding properties prepared by a Wisconsin professional land surveyor.

(b)

The location of public and private roads, driveways, and parking facilities.

(c)

The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.

(d)

The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways.

(e)

The type, size, location and setback of all structures.

(f)

Landscape plan.

(g)

Architectural plans, elevations and perspective drawings and sketches illustrating the design and character of the proposed structures.

(h)

The existing and proposed location of public sanitary sewer and water supply facilities.

(i)

The existing and proposed location of all private utilities or other easements.

(j)

Soil characteristics.

(k)

Existing and proposed topography on the site.

(l)

Detailed stormwater drainage plans prepared by a professional engineer licensed by the State of Wisconsin.

(m)

Uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.

(n)

Any other data or information requested at the preapplication conference.

Public hearing. The Plan Commission, before formulating its recommendations to the Village Board, shall hold a public hearing pursuant to the requirements of § 420-13 of this chapter. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested planned unit development overlay district.

Basis for application approval. The Plan Commission in making its recommendation to the Village Board and the Village Board in making its determination shall find that:

(1)

The applicants for the proposed planned unit development overlay district have indicated that they intend to begin the physical development of the planned unit development within 12 months following the approval of the application and the development will be carried out according to a reasonable construction schedule satisfactory to the Village.

(2)

The proposed planned unit development overlay district is consistent in all respects with the purpose of this section and with the spirit and intent of this chapter and is in conformity with any existing or proposed comprehensive plan or any adopted components thereof and the development would not be contrary to the general welfare and economic prosperity of the community.

(3)

The proposed site is provided with adequate drainage facilities for surface and storm waters.

(4)

The proposed site is accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

(5)

No undue constraint or burden will be imposed on public services and facilities, such as, but not limited to, fire and police protection, street maintenance, and maintenance of public areas by the proposed development.

(6)

The streets and driveways on the site of the proposed development are adequate to serve the proposed development and do meet the minimum standards of all applicable ordinances or administrative regulations of the Village.

(7)

Municipal public water and sewer facilities are provided, except as specified in § 420-137F above.

(8)

The entire tract or parcel of land to be included in a planned unit development overlay district is held under single ownership or, if there is more than one owner, the application for such planned unit development overlay district is considered as one tract, lot or parcel and the legal description defines said planned unit development as a single parcel, lot or tract and is jointly petitioned by the several owners. This requirement shall not be deemed to prevent further divisions of the land after creation of the planned unit development overlay district, provided that all further divisions are in accordance with the restrictions placed on the particular planned unit development.

(9)

In the case of a proposed residential planned unit development overlay district:

(a)

Such development creates an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreational space, and coordination with overall Village plans.

(b)

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

(c)

Provision has been made for adequate, continuing fire and police protection.

(d)

The population composition of the development will not have an adverse effect upon the Village's capacity to provide needed municipal service facilities.

(e)

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

(f)

Other requirements as set forth by the Village.

(10)

In the case of a proposed commercial, manufacturing and institutional planned unit development overlay district:

(a)

The economic practicality of the proposed development can be justified.

(b)

The proposed development will be adequately served by off-street parking and truck service facilities.

(c)

The proposed development is adequately provided with and does not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.

(d)

The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

(e)

The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood or area.

(f)

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

(g)

Provision has been made for adequate, continuing fire and police protection.

(h)

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

(i)

Other requirements as set forth by the Village.

(11)

In the case of a proposed agricultural planned unit development overlay district:

(a)

Such development shall create an attractive agricultural environment of sustained desirability and economic stability and coordinates with the overall Village plans.

(b)

The proposed development shall be adequately provided with and does not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.

(c)

Provisions have been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

(d)

Provisions have been made for adequate fire and rescue and police protection.

(e)

Adequate guarantees shall be provided for any permanent preservation of open space areas as shown on the approved site plan either by private conservation easements for the preservation, protection and maintenance of the open space or by dedication of such open space areas to the public.

(f)

Other requirements as set forth by the Village.

Determination. The Village Board, after due consideration, may deny the application, approve the application as submitted, or approve the application subject to additional conditions and restrictions. The approval of a planned unit development overlay district shall be based upon and include as a condition thereto adherence to the building, site, and operational plans for the development as approved by the Village Board.

Changes and additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the Zoning Administrator, and if in the opinion of the Zoning Administrator such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Plan Commission shall be required and notice thereof shall be given pursuant to the provisions of § 420-13 of this chapter, and said proposed alterations shall be submitted to the Village Board for approval.

Subsequent land division. The division of any land or lands within a planned unit development overlay district for the purpose of change or conveyance of ownership shall be accomplished pursuant to Chapter 395, Land Division and Development Control, of the Village Code.

Failure to begin development. If no substantial construction has commenced as defined in § 420-22J(3) of this chapter or no use is established in the planned unit development district within the time schedule submitted to the Village, the Plan Commission shall petition the Village Board for the purpose of rescinding the planned unit development overlay designation so as to allow the land in question to revert to its underlying zone. The procedures set forth in § 420-13 of this chapter relating to the amendment of this chapter shall be adhered to. In its discretion and for good cause, the Village Board may extend for a reasonable period of time, not to exceed one year, the period for the beginning of construction or the establishment of a use. If the planned unit development overlay district is rescinded, the Zoning Administrator shall remove said district from the Official Zoning Map. Those zoning regulations applicable before the creation of said district shall then be in effect, and no vested rights in the planned unit development overlay district shall be deemed to have accrued.

Approved PUD ordinances are on file with the Village Zoning Administrator and posted under "Public Documents" online with the Village Code of Ordinances.

§ 420-137.1 Planned Development Zoning Districts.

[Amended 7-20-2020 by Ord. No. 20-26]

The Village Board reserves the right, from time to time and on a completely discretionary, case-by-case basis, to create a planned development zoning district (PDD) which is unique and site-specific for the purpose of accommodating, facilitating and regulating a particular proposed development and use project. No specific criteria are set out here to limit the Village Board's discretion in creating such districts since the nature of the project characteristics which might give rise to the desirability for a PDD cannot reasonably be foreseen. Generally, however, the Village Board will consider a PDD only if a proposed development and use project is not practicable under the Village's traditional zoning districts; involves multiple uses; is unusual, large and complex; and is so substantially in the public interest as to justify extraordinary efforts to accommodate, facilitate and regulate it. Because the creation of a PDD requires an enormous commitment of resources by the Village, no person shall have any right to a PDD classification under any circumstances, and no person shall have any right to a public hearing on a proposed ordinance to create a PDD, unless such hearing is specifically approved by the Village Board after a detailed report on the proposed PDD from the Village staff. Since a PDD cannot be created by the Village Board unilaterally and must be consented to by the affected landowner(s), and since the drafting of a proposed PDD ordinance is necessarily a difficult, time-consuming and cooperative effort, and since the creation of a PDD will usually require the negotiation and drafting of a companion development agreement relating to the public and private infrastructure that is required to serve the proposed development and use(s), the preparation of a proposed PDD ordinance will generally involve extensive closed-door discussions and negotiations between members of the Village staff and the Village attorneys and representatives of the owner(s) and developer(s) of the land covered by the proposed PDD. The purpose of such discussions and negotiations shall not be to commit the Village Board in any way to the proposed ordinance but rather to mutually explore the needs and desires of the owner(s) and developer(s) and the requirements, policies and practices of the Village, to attempt to structure a proposed ordinance that both the Village staff and the owner(s) and developer(s) can support, to identify potential problems and issues which should be addressed at a public hearing, and to attempt to work out potential solutions to any such problems or issues, so that the proposed PDD regulations and all relevant facts, issues and problems can be presented meaningfully and efficiently to the Village Plan Commission, the Village Board and all interested persons at a public hearing.

Approved PDD ordinance are on file with the Village Zoning Administrator and posted under "Public Documents" online with the Village Code of Ordinances.

§ 420-138 Airport overlay requirements.

Properties within the Village that are located within three miles of the Kenosha Regional Airport boundaries shall comply with the City of Kenosha's Airport Overlay District regulations.