Article VI General Provisions

All new lots created in any R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7, R-8, R-9, R-10, R-11, R-12 and C-2 Districts shall be serviced by public sanitary sewer system, except as may be approved by the Village Board for all lots within a limited urban service area (LUSA). New lots shall not be created within any agricultural district if municipal sanitary sewer is available.

All existing lots located in any agricultural district or within the R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7, R-8, R-12, C-2 Districts shall be serviced by public sanitary sewer, provided that municipal sanitary sewer is readily available or in proximity to the property as determined by the Village, except as may be allowed in Subsection B below.

All lots located in business, manufacturing, institutional, park-recreational or multifamily zoning districts shall be serviced by public sanitary sewer system, except as provided below in Subsection B or C.

The Village Board may authorize the use of portable toilets in any district on a temporary basis.

On-site soil absorption sewage disposal systems. All existing lots within any agricultural district, park-recreational district or within the R-1 District, where municipal sanitary sewer is not readily available, may install an on-site soil absorption sewage disposal system only if approved by the Kenosha County Sanitary Ordinance. Such on-site soil absorption sewage disposal system shall be designed in accordance with all state, county or Village laws, regulations and ordinances. The on-site sewage disposal absorption system shall be located on the same parcel of land as the building or buildings which are being serviced by said system.

Holding tanks. Any existing lots located within any agricultural district, park-recreational district or within the R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7, R-8, and C-2 Districts may install a holding tank, if holding tank rights exist, only if municipal sanitary sewer is not readily available or is not in proximity to the property, as determined by the Village, and only if approved by the Kenosha County Sanitary Ordinance, and only if soil conditions are not conducive to installing an on-site soil absorption sewerage disposal system and if the lot was created prior to July 1, 1980.

§ 420-33 Water requirements.

[Amended 3-16-2009 by Ord. No. 09-12; 3-15-2010 by Ord. No. 10-15; 8-11-2025 by Ord. No. 25-33]

Municipal water.

All lots located in business, manufacturing, institutional, park-recreational or multifamily districts shall be serviced by a municipal water system, except as provided in Subsection B below.

§ 420-35 Lots abutting more restrictive districts.

All new lots located in any R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7, R-8, R-12, C-2 Districts shall be serviced by municipal water, provided that it is readily available or in proximity to the property as determined by the Village and no more that four lots are created. New lots shall not be created within any agricultural district if municipal water is available.

Wells. All existing lots located in any agricultural district, park-recreational district or within the R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, and C-2 Districts may install a well, provided that municipal water is not readily available or is not in proximity to the property as determined by the Village.

§ 420-34 Multiple district lots.

Any lot containing more than one zoning district, not including an overlay district, shall be considered to be entirely within the least restrictive district as defined in this chapter, except that if any portion of the property is located within the C-1 Lowland Resource Conservancy District or the C-3 Natural and Scientific Area Resource Conservancy District, then the property area within the C-1 or C-3 District shall conform to the district regulations of said C-1 or C-3 District.

Lots which abut upon more restrictive districts shall provide side and rear yards not less than those required in the more restrictive abutting district.

§ 420-36 Storage and discharge prohibited.

No waste material, such as garbage, rubbish, gasoline, fuel oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste or any other materials of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters, shall be so located, stored, or discharged in a way that would be likely to run off, seep, or wash into surface or ground waters, nor shall any such material be allowed to accumulate on any lot so as to be unsightly or dangerous or so as to constitute a nuisance. No gasoline storage tanks shall be permitted in a residential district, and no more than two cords of firewood may be stored on any parcel located in the R-2 through R-12 Districts.

§ 420-37 Reduction or joint use.

No lot, setback, parking area, building area, sanitary sewage disposal area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, setback, parking area, sanitary sewage disposal area, or other space required for a structure or use shall be used to meet the requirements for any other structure or use, except as provided in § 420-48G of this chapter.

§ 420-38 Performance standards.

Intent. Article XVI of this chapter permits specific uses for specific districts. It is the intent of the Village that the following performance standards designed to limit, restrict and prohibit the effects of those uses outside of their premises or district be imposed upon all parcels falling within the jurisdiction of this chapter so as to protect the quality of the environment and the safety and health of the citizens of Village and to alleviate and, where possible, eliminate nuisances. It is the further intent of the Village that all structures, land, air and water shall hereafter, in addition to their use, site, shoreland and sanitary regulations, comply with the following performance standards and all applicable standards set forth by the Wisconsin Department of Safety and Professional Services, Wisconsin Department of Natural Resources, and the Wisconsin Administrative Code.

[Amended 7-20-2020 by Ord. No. 20-26]

Procedures.

Prior to construction and operation. Any application for a permit under this chapter or any use subject to the regulations and standards set forth herein shall be accompanied by a sworn statement by the owner of the subject property that said property and use will be operated in accordance with the performance standards hereinafter set forth.

Continued compliance. Continued compliance with the regulations and standards hereinafter set forth in this section is required and enforcement of such continued compliance with these regulations and standards shall be a duty of the Zoning Administrator.

Determination of violation. The Zoning Administrator shall investigate any reported violation of the hereinafter noted regulations and standards and, if there is reasonable grounds for the same, shall proceed in accordance with Subsection B(4) below and Article XIX of this chapter.

Termination of violation. All violations, as ascertained in accordance with Subsection B(3) above, shall be terminated within 30 days after notice of such violation, and in the event that said violation is not terminated it shall be deemed a separate violation for each date of its existence and subject to penalties as set forth in this chapter, except that certain uses established before the effective date of this chapter and nonconforming as to the regulations and standards hereinafter set forth shall be given not more than 180 days in which to conform therewith after the determination of the existence of such violation, and in the event said violation is not terminated it shall be deemed a separate violation for each day it existed since the effective date of this chapter.

[Amended 8-16-2021 by Ord. No. 21-19]

Regulation of nuisance elements.

No land or building in any district shall be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, dirt or other form of air pollution; water pollution; electrical, radioactive or other disturbances; glare; or other substance, condition or element (referred to herein as "dangerous or objectionable elements") in such amount as to adversely affect the surrounding area or premises, provided that any use permitted by this chapter may be undertaken and maintained if it conforms to the regulations of this subsection limiting dangerous and objectionable elements at the specified point or points of the determination of their existence.

The determination of the existence of any dangerous and objectionable elements shall be made at:

The point or points where such elements shall be most apparent for fire and explosion hazards, for radioactivity and electrical disturbances, for smoke and other forms of air pollution.

The property lines of the use creating such elements for noise, vibration, glare and odors.

Performance standards to be enforced.

Air pollution. No activity shall emit any fly ash, dust, fumes, vapors, smoke, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or other forms of property, that violates Ch. NR 415, Control of Particulate Emissions, or Ch. 431, Control of Visible Emissions, of the Wis. Adm. Code.

[Amended 7-20-2020 by Ord. No. 20-26]

Electrical, radioactive or other disturbances. No activity shall emit electrical, radioactive or other disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises. All applicable federal and state regulations shall be complied with.

Fire and explosive hazards. All activities involving the manufacturing, utilization, processing or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion with adequate fire-fighting and fire suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire-extinguishing system. The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed the following:

Closed-Cup Flash Point	Gallons
Over 187° F.	400,000
105° F. to 187° F.	200,000
Below 105° F.	100,000

Glare and heat. No activity shall emit glare or heat that is visible or measurable at the boundaries of the lot on which the principal use is located. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.

(5)

Noise.

At the points of measurement specified above, the maximum sound-pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound-pressure level shall be measured with a sound-level meter and associated octave band analyzer conforming to standards prescribed by the American National Standards Institute, New York, NY. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, American National Standards Institute, New York, NY, and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, or latest approved revision thereof, American National Standards Institute, New York, NY, shall be used.)

Table I
Frequency Ranges Containing Standard Octave Bands in Cycles per Second	Octave Band Sound-Pressure Level in Decibels re 0.0002 dyne/cm
20 to 75	65
75 to 150	55
150 to 300	50
300 to 600	45
600 to 1,200	40
1,200 to 2,400	40
Above 2,400	35

If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.

Table II
Type of Location of Operation or Character of Noise	Correction in Decibels
Daytime operation only	5
*Noise source operates less than 20% of any 1-hour period	5
*Noise source operates less than 5% of any 1-hour period	10
Noise of impulsive character (hammering, etc.)	-5
Noise of periodic character (hum, screech, etc.)	-5
Property is located in any M District and is not within 200 feet of any R District	10
*Apply one of these corrections only.

(6)

Odors. Except in any agricultural district, no activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside its premises. The guide for determining odor measurement and control shall be § NR 429.03, Wis. Adm. Code, and amendments thereto.

[Amended 4-7-2014 by Ord. No. 14-06; 5-14-2018 by Ord. No. 18-19; 7-20-2020 by Ord. No. 20-26]

(7)

Erodible land regulations. In addition to any other applicable use, site or sanitary regulation, the following organic and sandy soils listed below and any other soils having an erosion factor of three shall not be used for crop production or grazing unless such lands make use of contour cropping practices or strip cropping practices or crop terraces.

133 - BmB, BmC2	416 - Ry
316 - BmB, BmC2	417 - CrD2, CrE
359 - MxD2	419 - SfB
414 - BmB, BmC2	451 - Ht

(8)

Soil capability regulations. In addition to any other applicable use, site, or sanitary regulation, the following restrictions or regulations shall apply to the following soils as shown on the Operational Soil Survey Maps prepared by the United States Department of Agriculture Natural Resources Conservation Service for the Southeastern Wisconsin Regional Planning Commission:

Because of their erodibility and very low agricultural capabilities, tillage is permitted on the following rough, broken, sandy, stony or escarpment soils only when conducted in accordance with sound soil conservation practices and after review by the Natural Resources Conservation Service:

75 - CcB, CrC, CrD2, CrE	417 - CrD2, CrE
282 - CeB, CrC, CrD2, CrE	419 - SfB
416 - Ry

Farm drainage systems may be installed on the following soils, which soils are subject to a flooding hazard and which have generally unsuitable soil characteristics for an operative drainage system, only if installed in accordance with sound soil conservation practices and after review by the Natural Resources Conservation Service:

4 - Mf	11 - Am
5W - Sg	11W - Ww
7 - Dh	54 - Lp
10 - Am	419 - SfB
10W - Ww	452 - Ac

(c)

Because of very severe limitations for pasturing, grazing is permitted on the following soils when conducted in accordance with sound soil conservation practices and after review by the Natural Resources Conservation Service:

4 - Mf	419 - SfB
416 - Ry	462 - Ht

(9)

Steep land regulations. In addition to any other applicable use, site, shoreland, or sanitary regulation, the following restrictions and regulations shall apply to all lands having slopes of 12% or greater (see Illustration 1)[1] as shown on the Operational Soil Survey Maps prepared by the United States Department of Agriculture Natural Resources Conservation Service in cooperation with the Southeastern Wisconsin Regional Planning Commission and which are on file with the Zoning Administrator:

Tillage and grazing of lands with slopes of 12% or greater shall be permitted only if such tilling and grazing make use of contour cropping practices, strip cropping practices or cropping terraces. Spreading the manure or fertilizer on frozen ground and establishment of feedlots shall be prohibited when such practice would cause direct runoff of pollutants into a drainageway or watercourse.

Tree cutting and shrubbery clearing for the purpose of changing land use from wildlife or wood lot management on lands with slopes of 12% or greater shall be conducted so as to minimize erosion and sedimentation and promote the preservation of scenic beauty.

[1]

Editor's Note: Illustration 1 is included in Appendix A, which is an attachment to this chapter.

(10)

Vibrations. No activity in any district except the M-1, M-2 and M-3 Districts shall emit vibrations which are discernible without instruments outside its premises. No activity in the M-1, M-2 or M-3 District shall emit vibrations which exceed the following displacement measured with a three-component measuring system:

Frequency (Cycles Per Second)	Displacement (inches) Outside the Premises	Displacement (inches) Outside the District
0 to 10	0.0020	0.0004
10 to 20	0.0010	0.0002
20 to 30	0.0006	0.0001
30 to 40	0.0004	0.0001
40 to 50	0.0003	0.0001
50 and over	0.0002	0.0001

(11)

Water quality protection.

No activity shall locate, store, discharge or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that would be likely to run off, seep, percolate or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness, or be harmful to human, animal, plant or aquatic life.

In addition, no activity shall discharge any liquid, gaseous or solid materials so as to exceed or contribute toward the exceeding of the minimum standards and those other standards and the application of those standards set forth in Ch. NR 102, Wis. Adm. Code, and amendments thereto for all navigable waters in the Village.

(12)

No use or activity shall discharge, emit or release any infectious substances or materials so to create a danger or hazard of infection, and no use or activity shall use, store, produce, handle, study, transport, or dispose of any infectious substances or materials so as to create a danger or hazard of infection. All uses and activities involving the use, storage, production, handling, study, or disposal of any infectious substances or materials shall comply with all applicable state and federal statutes, regulations or other laws relating to such use, storage, production, handling, study, transportation or disposal, and shall be provided with and shall use state-of-the-art safety equipment and devices and state-of-the-art safety procedures which are used in the industry, so as to ensure that there is no resulting danger or hazard of infection.

[Added 5-7-2007 by Ord. No. 07-19]

§ 420-39 Pet and animal regulations.

[Amended 3-15-2010 by Ord. No. 10-14; 9-19-2011 by Ord. No. 11-27; 4-7-2014 by Ord. No. 14-06; 8-11-2025 by Ord. No. 25-33]

Livestock, as defined in this chapter, shall be permitted as follows:

No livestock shall be kept closer than 200 feet to any dwelling located on an adjacent property.

Type and number of livestock allowed in an A-2 or A-3 district.

Lots 10 acres or greater: no limit.

Lots less than 10 acres but at least five acres:

[1]

No more than one livestock animal, excluding foul or poultry and rabbits, over six months of age shall be kept for each acre.

[2]

No more than five foul or poultry over two months of age shall be kept for each acre.

[3]

No more than five rabbits, over two months of age, shall be kept for each acre.

(c)

Lots less than five acres but at least two acres: no more than two horses and no more than two foul or poultry.

(d)

Lots less than two acres: no livestock allowed.

A maximum of four horses, raised for human pleasure only, shall be permitted only in the R-1 District, provided that the lot is a minimum area of five acres. Horses shall be permitted in other zoning districts as a nonconforming use on lots of record prior to the January 7, 1991, and will be subject to § 420-140 of this chapter.

In any A-2 or A-3 District, no more than five beehives shall be kept for each acre, provided that the lot is a minimum of five acres. Beehives shall be located a minimum of 25 feet from any property line.

No more than four household pets over five months of age are allowed in any residential district or any agricultural district except for a kennel as allowed in this chapter.

A kennel, as defined in this chapter, shall be permitted in the A-2 District subject to the following requirements:

The property shall be a minimum of five acres.

All animals shall be kept within an enclosed structure (per § 420-86). At a minimum the enclosed structure shall provide a minimum of 120 square feet per animal.

A fenced enclosure shall be provided (per § Article XI).