For the purpose of this chapter, present and future, provision is hereby made for the division of the Village of Kimberly into the following 13 basic zoning districts:
C-1
Conservancy District
A-1
Agricultural District
R-1
Residential District — Low Density
R-2
Residential District — Moderate Density
R-3
Residential District — Medium Density
R-4
Residential District — High Density
R-5
Residential District — Planned
B-1
Business District — General
B-2
Business District — Planned
I-1
Industrial District — Limited
I-2
Industrial District — General
I-3
Industrial District — Planned
R-MH
Mobile Home District
A. 
Vacation of streets. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
B. 
Annexations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the R-1 District, unless the annexation ordinance places the land in another district.
A. 
The Village of Kimberly is hereby divided into zoning districts as shown upon a map designated as the Official Zoning Map of the Village of Kimberly, adopted April 2, 1973, and made a part of this chapter. The Official Zoning Map and all the notations, references and other information shown thereon are a part of this chapter and shall have the same force and effect as if the matters and information set forth by said map were fully described herein. The Official Zoning Map shall be properly attested and kept on file along with the text of the Official Zoning Regulations in the office of the Village Administrator of the Village of Kimberly.
B. 
The district boundaries shall be determined by measurement from and as shown on the Official Zoning Map, and in case of any question as to the interpretation of such boundary lines, the Plan Commission shall interpret the map according to the reasonable intent of this chapter. Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter section or sixteenth section lines; or the center lines of streets, highways, railways or alleys.
Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
A. 
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
B. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as approximately following Village boundaries shall be construed as following municipal boundaries.
D. 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E. 
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
F. 
Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
A. 
Permitted uses. Land in the C-1 District shall be used only for the following purposes:
(1) 
Any agricultural or recreational use not involving residential buildings.
(2) 
Hunting and fishing unless prohibited by other ordinances or laws.
(3) 
Dams, storm sewers, sanitary sewers, waterlines.
(4) 
Telephone, telegraph and power transmission lines.
B. 
Specific prohibition. Filling or drainage of wetlands, removal of topsoil or damming or relocating any drainageway shall not be permitted in the C-1 District, except with approval of the Village Board.
C. 
Changes in permitted uses. The boundaries of this district have been determined from available data, primarily USGS quadrangle sheets and aerial photography. In the event that it can be clearly demonstrated that any such lands are not subject to inundation, or if such lands are adequately drained or sufficiently protected from the risk of overflow, or the topographic characteristics can be overcome readily, they may be utilized for purposes in accordance with the new district requirements, when approved by the Village Board in the manner prescribed for granting of conditional use permits.
A. 
Permitted uses. In the A-1 Agricultural District, no building or premises shall be used and no buildings shall hereafter be erected or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:
(1) 
Any use as permitted in the C-1 Conservancy District.
(2) 
Agriculture, dairying, floriculture, forestry, general farming, grazing, greenhouses, hatcheries, horticulture, livestock raising, nurseries, orchards, paddocks, pasturage, poultry raising, stables, truck farming, provided that buildings in which farm animals are kept shall be at least 100 feet from the nearest residential or commercial district.
(3) 
One- and two-family farm residences, but only when such residences are occupied by owners, relatives of owners and persons engaged in farming activities on the farm on which they are located.
(4) 
Uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business, including home occupations not involving the conduct of a business on the same premises.
(5) 
Customary accessory buildings, including not more than one roadside stand for the sale of farm products, of which at least 50% is produced on the premises. Minimum off-street parking for such roadside stand shall consist of four stalls, and no such stand shall be closer than 30 feet to the street right-of-way line or closer than 30 feet to any other lot line.
B. 
Height, area and setback requirements. See § 525-31.
C. 
Open space. One acre minimum per family.
A. 
Permitted uses.
(1) 
Single-family dwellings.
(2) 
Churches, public schools, parochial schools, colleges, including dormitories, public libraries, public museums and art galleries.
(3) 
Municipal buildings, except sewage disposal plants, garbage incinerators, public warehouses, public garages, public shops and storage yards, and penal or correctional institutions and asylums.
(4) 
Public recreational and community center buildings and grounds.
(5) 
Telephone buildings, exchanges and lines, and static transformer stations, provided there is no service garage or storage yard. This regulation, however, shall not apply to microwave radio relay stations unless and until the location thereof shall first have been approved by the Plan Commission.
(6) 
Uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business, including home occupations not involving the conduct of a business on the premises.
(7) 
Professional or announcement signs not over one square foot in area, except that public or religious institutions may have, for their own use, an announcement sign or bulletin board not over eight square feet in area; signs not over four square feet in area pertaining to the lease, hire or sale of a building or premises, provided that no advertising sign of any other character shall be permitted in the R-1 Residential District; provided, further, that all permitted signs shall be located within the lot lines and at least 15 feet from the inside sidewalk line.
(8) 
Pursuant to § 66.1017, Wis. Stats., a family child-care home, defined as a dwelling licensed as a child-care center by the Wisconsin Department of Children and Families providing care for not more than eight children, provided that the proposed family child-care home shall meet all zoning regulations applicable to all other dwellings within this zoning district.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Height, area and setback requirements. See § 525-31.
C. 
Vision clearance. On all corner lots, vision clearance of not less than 20 feet.
A. 
Permitted uses.
(1) 
Any use permitted in the R-1 Low-Density Residential District.
(2) 
Pursuant to § 66.1017, Wis. Stats., a family child-care home, defined as a dwelling licensed as a child-care center by the Wisconsin Department of Children and Families providing care for not more than eight children, provided that the proposed family child-care home shall meet all zoning regulations applicable to all other dwellings within this zoning district.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Height, area and setback requirements. See § 525-31.
C. 
Vision clearance. On all corner lots, vision clearance of not less than 20 feet.
A. 
Permitted uses.
(1) 
Any use permitted in the R-2 Moderate-Density Residential District.
(2) 
Two-family dwellings.
(3) 
Pursuant to § 66.1017, Wis. Stats., a family child-care home, defined as a dwelling licensed as a child-care center by the Wisconsin Department of Children and Families providing care for not more than eight children, provided that the proposed family child-care home shall meet all zoning regulations applicable to all other dwellings within this zoning district.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Single-family attached dwelling units, zero-lot-line duplexes.
(a) 
The height, area and setback requirements for two-family dwellings (duplexes) shall remain as previously set forth in the table of height, area and setback requirements as found in the presently existing Village ordinances, with the exception of minimum frontage, which shall hereinafter be established as ninety-foot minimum lot width, and minimum area, which shall hereinafter be established as 9,500 square feet, for single-family attached dwelling units, zero-lot-line duplexes.
(b) 
Zero-lot-line duplexes can be implemented within the Village of Kimberly. All certified survey maps and subdivision plats creating zero-lot-line duplexes shall have the following restrictive endorsement placed upon same: "When attached dwelling units are created, matters of mutual concern to the adjacent property owners due to construction, catastrophe and maintenance shall be guarded against by private covenants and deed restrictions, and no approving authority shall be held responsible for the enforcement of same."
(c) 
Easements shall be provided across zero lot lines when necessary for provision of water, sewer and utility services.
(d) 
Zero-lot-line duplexes shall share a common wall. Wherever improvements abut on the common boundary line between adjoining units, there shall be a one-hour fire wall running from the lowest floor level, including the basement if it is the common wall, to the underside of the roof sheathing. Such basement wall, if any, shall be waterproofed masonry.
(e) 
When attached dwelling units are created, the plans, specifications and construction of such buildings shall require the installation and construction of separate sewer, water and other utility services to each dwelling unit.
(f) 
The side yard setback may be zero on one side, provided that:
[1] 
The lot adjacent to that side yard is held under the same ownership at the time of initial construction;
[2] 
The adjoining side yard setback of the lot adjacent to the zero side yard is also zero;
[3] 
The opposite side yard is not less than six feet; and
[4] 
Both units of duplex exterior finish shall be completed within one year of the issuance date of the building permit.
(g) 
In the event of the total destruction of the zero-lot-line duplex building, it shall be determined by agreement of both unit owners whether to rebuild, restore or sell the property. If damage is only to the unit on one parcel and such damage does not affect the other unit, the damaged unit shall be repaired by the owner of that damaged unit.
B. 
Height, area and setback requirements. See § 525-31.
A. 
Permitted uses.
(1) 
Any use permitted in the R-3 Medium-Density Residential District.
(2) 
Multiple-family dwellings.
(3) 
Boardinghouses and lodging houses.
(4) 
Nursing homes.
(5) 
Public hospitals, when such building shall be located not less than 75 feet from any lot in any residential district not used for the same purpose.
(6) 
Pursuant to § 66.1017, Wis. Stats., a family child-care home, defined as a dwelling licensed as a child-care center by the Wisconsin Department of Children and Families providing care for not more than eight children, provided that the proposed family child-care home shall meet all zoning regulations applicable to all other dwellings within this zoning district.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Height, area and setback requirements. See § 525-31.
C. 
Vision clearance. On all corner lots, vision clearance of not less than 20 feet.
A. 
Application and plan review procedures. Those procedures outlined in Article IV shall apply to this district.
B. 
Permitted uses. Any use permitted in the R-4 High-Density Residential District.
C. 
District area requirements. The minimum area required for consideration as a planned residential district shall be 10 acres if the proposed use is one-family dwellings, exclusively, or a mix of one-, two- and multiple-family dwellings. No area less than four acres of contiguous land will be considered for a planned residential district unless the Plan Commission and Village Board find that a tract contains less than four acres but greater than two acres and is suitable as a residential planned unit development by virtue of its unique historical character, topography or landscaping features.
D. 
Perimeter requirements. The setbacks from the exterior boundaries of the planned residential district shall not be less than the minimum setbacks required in the R-4 High-Density Residential District.
E. 
Height and area requirements. No predetermined building height, size or floor area or lot size requirements shall be applicable to uses or structures in a planned residential district, but such requirements as are made a part of an approved precise development plan shall, along with the plan itself, be construed to be and enforced as part of this chapter.
F. 
Density. Average lot area per dwelling unit shall not be less than 85% of the minimum lot area required in the R-4 High-Density Residential District. Computation of the average lot area per dwelling unit shall be based on the gross area of the building site.
A. 
Permitted uses.
(1) 
Any use permitted in the R-4 High-Density Residential District.
(2) 
Art, antique or gift shop.
(3) 
Automobile sales and service, except car laundries and service stations.
(4) 
Bakery, retail (employing not more than five persons per shift on the premises).
(5) 
Bank or other financial institution, except drive-in facilities.
(6) 
Barbershop and beauty parlor.
(7) 
Book and stationery store, newsstand.
(8) 
Bowling alley, pool and billiards room.
(9) 
Clinic or medical office building.
(10) 
Clothing store.
(11) 
Confectionery store, except drive-in.
(12) 
Convention and exhibition hall, sports arena.
(13) 
Dairy.
(14) 
Dance hall, gymnasium, skating rink.
(15) 
Department store.
(16) 
Drugstore, pharmacy.
(17) 
Florist shop.
(18) 
Funeral home.
(19) 
Furniture store, office equipment store.
(20) 
Grocery store.
(21) 
Hardware store.
(22) 
Home appliance store, paint store, plumbing, heating and electrical supplies stores.
(23) 
Hotel, motel.
(24) 
Jewelry store.
(25) 
Laundry and dry cleaning.
(26) 
Liquor store, taverns.
(27) 
Music store, radio and television sales and service.
(28) 
Pet shop.
(29) 
Photographer's studio, camera store.
(30) 
Private clubs, fraternities and lodges.
(31) 
Professional and business offices.
(32) 
Radio and television broadcasting studio, towers.
(33) 
Railroad and bus depot.
(34) 
Restaurants, except drive-in.
(35) 
Sporting goods store.
(36) 
Theater, except outdoor drive-in.
(37) 
Tobacco and pipe shop.
(38) 
Any other uses similar in character and the processing or treatment of products clearly incidental to the conduct of a retail business on the premises.
(39) 
Such accessory uses as are customary in connection with the foregoing uses and are incidental thereto.
B. 
Height, area and setback requirements. See § 525-31.
C. 
Vision clearance. On all corner lots of not less than 15 feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Residential use. Height, side, front and rear yard and lot area requirements are the same as those provided in the R-4 High-Density Residential District.
A. 
Application and plan review procedures. Those procedures outlined in Article IV shall apply to this district.
B. 
Permitted uses. Any use permitted in the B-1 General Business District.
C. 
District area requirements. The minimum area required for consideration as a planned business district shall be two acres.
D. 
Perimeter requirements. The setbacks from the exterior boundaries of the Planned Business District shall not be less than 25 feet.
E. 
Height and area requirements. No predetermined building height, size or floor area, lot size or open space requirements shall be applicable to uses or structures in a planned business district, but such requirements as are made a part of an approved precise development plan shall, along with the plan itself, be construed to be and enforced as part of this chapter.
A. 
Permitted uses.
(1) 
Any use permitted in the B-1 General Business District, except residential, educational and charitable uses, provided that there may be a residence for a watchman or caretaker and members of his family in connection with any industrial use when located on the same premises.
(2) 
Animal hospital, veterinary.
(3) 
Blacksmithing, tinsmithing, sheet metal working, plumbing and heating shops.
(4) 
Enameling and painting.
(5) 
Feed manufacture.
(6) 
Food locker plant.
(7) 
Hatchery.
(8) 
Hydroelectric-generating plants.
(9) 
Knitting mills and the manufacture of products from finished fabrics.
(10) 
Laboratories.
(11) 
Manufacture and bottling of nonalcoholic beverages.
(12) 
Manufacture of cigars, cigarettes and smoking tobacco.
(13) 
Manufacture of jewelry and cosmetics.
(14) 
Manufacture of products from cement, concrete and plaster.
(15) 
Manufacture of products from leather, but not the tanning of hides or manufacture of leather.
(16) 
Manufacture of products from plastics, but not the manufacture of plastics.
(17) 
Manufacture of products from wood, except cooperage works, planing mills, and the manufacture of pulp.
(18) 
Manufacture of sporting goods, home and office appliances and supplies.
(19) 
Printing and publishing.
(20) 
Processing, packing and manufacture of food, except meat and meat products, fish and fish products.
(21) 
Railroad switching yards and structures.
(22) 
Repair, service and assembly of motor-propelled or non-motor-propelled vehicles, including the repair and storage of automotive accessories and the sale and servicing of farm machinery, except the wrecking of motor-propelled vehicles.
(23) 
Warehousing and storage of materials and fuel, contractors' yards, except the storage of wrecked and dismantled vehicles, junk, explosives or inflammable gases or liquids.
(24) 
Wholesale business.
(25) 
Such accessory uses as are customary in conjunction with the foregoing uses.
B. 
Height, area and setback requirements. See § 525-31.
C. 
Vision clearance. On all corner lots, vision clearance of not less than 15 feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Permitted uses. Unless otherwise provided in this chapter, buildings or land may be used for any purpose except the following:
(1) 
Residential, educational and charitable uses, provided that there may be a residence for a watchman or caretaker and members of his family in conjunction with any industrial use when located on the same premises.
(2) 
Uses in conflict with any laws of the State of Wisconsin or any ordinances of the Village of Kimberly governing nuisances.
(3) 
Any of the following uses unless the location of such use has been approved by the Village Board after investigation and recommendation by the Plan Commission:
(a) 
Acid, ammonia, bleach, chlorine or soap manufacture.
(b) 
Ammunition manufacture; explosives or fireworks manufacture or storage.
(c) 
Asphalt, coal and coal tar or coke manufacture.
(d) 
Automobile wrecking yard, junkyard.
(e) 
Bones, distillation of.
(f) 
Cement, lime, gypsum or plaster of paris manufacture.
(g) 
Fat rendering.
(h) 
Fertilizer manufacture.
(i) 
Forge plant.
(j) 
Garbage, rubbish, offal or dead animal reduction or dumping.
(k) 
Gelatin, glue or size manufacture.
(l) 
Inflammable gases or liquids, refining or manufacture of; over-ground tank farms.
(m) 
Slaughterhouse, stockyard.
(n) 
Smelting.
B. 
Height, area and setback requirements. See § 525-31.
C. 
Vision clearance. On all corner lots, vision clearance of not less than 15 feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Application and plan review procedures. Those procedures outlined in Article IV shall apply to this district.
B. 
Permitted uses. Any use permitted in the I-1 Limited Industrial District.
C. 
District area requirements. The minimum area required for consideration as a planned industrial district shall be 10 acres.
D. 
Perimeter requirements. The setbacks from the exterior boundaries of the Planned Industrial District shall not be less than 100 feet.
E. 
Height and area requirements. No predetermined building height, size or floor area, lot size or open space requirements shall be applicable to uses or structures in a planned industrial district, but such requirements as are made a part of an approved precise development plan shall, along with the plan itself, be construed to be and enforced as part of this chapter.
F. 
Off-street parking requirements.
(1) 
Employee parking space shall be provided in the ratio of one space for each 300 square feet of floor area in each building used for offices or similar purposes and in the ratio of one space for each 500 square feet of floor area in each building used for manufacture or similar purposes.
(2) 
All roads, parking, loading areas and walks shall be paved in accordance with standards determined by the Streets Department.
(3) 
Any part of the project area not used for buildings or other structures or for parking, loading or accessways shall be landscaped with grass, trees, shrubs or pedestrian walks.
(4) 
Reasonable additional requirements as to landscaping, lighting, signs or other advertising devices, screening, accessways, building setbacks and height limitations may be imposed by the Village Board for the protection of adjoining residential property.
The requirements for the R-MH Mobile Home District shall be as provided in Article XII.
A. 
Basic height, area and setback requirements are contained in the table included as an attachment to this chapter.
B. 
Additions or modifications to regulations listed in the table shall be:
(1) 
Where 40% or more of the frontage is occupied with buildings having an average front yard of more or less than 25 feet, the front yard in any vacant interior lot in such frontage shall be established at the point of intersection of its center line, drawn from the front street line, and a line connecting the nearest points on the setback lines of the next existing building on each side of such vacant lot.
(2) 
On corner lots there must be a front yard of not less than 25 feet on both streets, except that, where, on the effective date of this chapter, 40% or more of a frontage was occupied by two or more buildings having an average front yard of less than 25 feet and the lot is within 100 feet of one of the said existing buildings, then the front yard on the street with said occupied frontage shall be the same as the existing building, but in no case shall the front yard on either street be less than 15 feet.
(3) 
If a side yard is provided, it shall not be less than 10 feet. Lots abutting any residential district shall provide a side yard of not less than 10 feet on that side of the lot abutting the residential district.
(4) 
For buildings or parts of buildings hereafter erected or structurally altered for residential use, the height, side, front and rear yard, and lot area requirements specified in the R-4 High-Density Residential District shall apply.
(5) 
For rear yards, the minimum depth shall be 20 feet for a building 25 feet or less in height. For each additional 10 feet or fraction thereof in height, the depth of such rear yard shall be increased three feet.
(6) 
Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
(7) 
Where a lot has an area and/or a frontage less than the minimum required for the district in which it is located and was of record as such at the time of the passage of this chapter, such lot may be occupied by one family.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having greater than 10% of its stock-in-trade in books, magazines and other periodicals or videocassettes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein).
ADULT MOTION-PICTURE THEATER
An establishment having greater than 10% of its income received for presenting motion-picture films, videocassettes, cable television, or any other such visual media distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons therein.
SPECIFIED ANATOMICAL AREAS
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola.
(2) 
Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of human masturbation, sexual intercourse or sodomy.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
B. 
Findings and purpose. The Village Board finds that, due to their nature, the existence of adult bookstores and adult motion-picture theaters in the Village has serious objectionable operational characteristics, such as an effect upon property values, local commerce and crime. Due to the deleterious combined effect on adjacent areas when such uses are concentrated, they should not be permitted to be located in close proximity to each other. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Such regulations are contained in these standards. These standards are designed to protect the Village's retail trade, maintain property values, prevent crime and, in general, protect and preserve the quality of the Village's neighborhoods and commercial districts and the quality of urban life.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Location restricted.
(1) 
An adult bookstore or adult motion-picture theater is permitted in the I-1 Limited Industrial District, provided that such use shall not be located:
(a) 
Within 1,320 feet of any residential district as designated within this chapter with an R-1, R-2, R-3, R-4 or R-5 designation.
(b) 
Within 2,640 feet of a public or private school.
(c) 
Within 1,320 feet of another adult bookstore or adult motion-picture theater.
(2) 
The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the lot upon which the proposed use is to be located to the nearest point of the zoning district boundary line or the lot from which the proposed use is to be separated.
(3) 
Violation of these provisions is declared to be a public nuisance per se.
(4) 
Nothing in this subsection is intended to authorized, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any Village ordinance or statute of the State of Wisconsin regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.