Village of Argyle, WI Zoning Districts

Zoning Map. The boundaries of the districts enumerated in § 715-13 above are hereby established as shown on a map entitled "Zoning Map, Village of Argyle, Wisconsin," as amended, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk-Treasurer and shall be available to the public in the office of the Village Clerk-Treasurer.

Boundary lines. The boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines; lot or property lines; center lines of streets, highways, alleys, easements and railroad rights-of-way, or such lines extended, unless otherwise noted on the Zoning Map. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the Zoning Map are approximately bounded by lot lines, such lot line shall be construed to be the boundary of the district.

Vacation. 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.

Annexations and consolidations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the A-1 Agricultural District unless the annexation ordinance places the land in another district.

§ 715-15 R-1 Single-Family Residential District (Low Density).

Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of primarily single-family detached dwelling units at a low dwelling unit per acre density. The primary emphasis of this district is new development areas.

Permitted uses. The following uses of land are permitted in the R-1 District:

(1)

Single-family detached dwellings, served by public sewer, excluding all mobile homes, constructed on a frost wall or full basement; for purposes of this chapter manufactured homes are included in the definition of single-family dwelling.

(2)

Manufactured homes complying with all of the following requirements and limitations:

(a)

The home shall be a double wide of at least 24 feet in width, 36 feet in length, and have a minimum of 864 square feet of living space.

(b)

The home shall be installed on a frost wall or full basement foundation system. The wheels and axles must be removed. The foundation shall be approved by the Building Inspector and/or Village Engineer; the Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.

(c)

The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.

(d)

The home shall be covered by a roof pitched at a minimum slope of three inches in 12 inches, which is permanently covered with nonreflective material.

(e)

The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Argyle.

(3)

One private garage with not more than three stalls for each residential parcel, per § 715-82 specifications. All new homes in the R-1 District shall have, at a minimum, a one-stall attached or detached garage.

(4)

Accessory uses and buildings, as follows:

(a)

Gardening, tool and storage sheds incidental to the residential use.

(b)

Off-street parking facilities.

(c)

Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.

(d)

Signs as permitted by Village ordinances.

(5)

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

(6)

Foster family care.

(7)

Home occupations and professional home offices. (See § 715-40.)

(8)

Family day care, limited to eight children. Family day-care homes shall be subject to state licensing requirements.

(9)

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.

Conditional uses. The following are permitted as conditional uses within the R-1 District:

(1)

Community living arrangements and day-care centers which have a capacity for nine or more persons.

(2)

Utilities (electric substations, telephone switching stations, gas regulators, etc.).

(3)

Bed-and-breakfast inns. (See § 715-39.)

(4)

Churches and public buildings, except public buildings housing uses incompatible with the characteristics of the district, such as sewage systems, incinerators and shops.

(5)

Public utility structures, except those incompatible with the characteristics of the district.

(6)

Parks and playgrounds.

(7)

Planned residential developments.

(8)

Golf courses and private clubs.

(9)

Nursery schools.

Area, height and yard requirements.

(1)

Lot.

(a)

Area: minimum 9,500 square feet.

(b)

Width: minimum 90 feet.

(2)

Building height: maximum 35 feet.

(3)

Yards.

(a)

Street: minimum 25 feet.

(b)

Rear: minimum 30 feet.

(c)

Side: minimum 10 feet each side (corner lots: 15 feet on street side yard).

(4)

Maximum ground coverage by all structures: no more than forty-percent coverage of lot areas.

§ 715-16 R-2 Single-Family and Two-Family Residential District (Medium Density).

Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of primarily single-family detached dwelling units (or duplex units as conditional uses) at a medium dwelling unit per acre density. It particularly reflects older neighborhoods in the Village.

Permitted uses. The following uses of land are permitted in the R-2 District:

(1)

Single-family or two-family (duplex) detached dwellings constructed on a frost wall or full basement and served by public sewer, excluding all mobile homes; for purposes of this chapter, manufactured homes are included in the definition of single-family dwelling.

(2)

Manufactured homes complying with all of the following requirements and limitations:

(a)

The home shall be a double wide of at least 24 feet in width and 36 feet in length and have a minimum of 864 square feet of living space.

(b)

(c)

The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.

(d)

The home shall be covered by a roof pitched at a minimum slope of three inches in 12 inches, which is permanently covered with nonreflective material.

(e)

The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Argyle.

(3)

One private garage with not more than three stalls for each residential parcel, per § 715-82 specifications.

(4)

Accessory uses and buildings as follows:

(a)

Gardening, tool and storage sheds incidental to the residential use.

(b)

Off-street parking facilities.

(c)

Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.

(d)

Signs as permitted by Village ordinances.

(5)

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

(6)

Foster family care.

(7)

Home occupations and professional home offices. (See § 715-40.)

(8)

Family day care limited to eight children. Family day-care homes shall be subject to state licensing requirements.

(9)

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.

Conditional uses. The following are permitted as conditional uses within the R-2 District:

(1)

Community living arrangements and day-care centers which have a capacity for nine or more persons.

(2)

Utilities (electric substations, telephone switching stations, gas regulators, etc.).

(3)

Bed-and-breakfast inns. (See § 715-39.)

(4)

Churches and public buildings, except public buildings housing uses incompatible with the characteristics of the district, such as sewage systems, incinerators and shops.

(5)

Public utility structures, except those incompatible with the characteristics of the district.

(6)

Parks and playgrounds.

(7)

Planned residential developments.

(8)

Golf courses and private clubs.

(9)

Nursery schools.

Area, height and yard requirements.

(1)

Lot.

(a)

Area: minimum 8,000 square feet; 14,000 square feet for duplex lots.

(b)

Width: minimum 75 feet; minimum 80 feet for duplex lots.

(2)

Building height: maximum 35 feet.

(3)

Yards.

(a)

Street: minimum 25 feet.

(b)

Rear: minimum 25 feet.

(c)

Side: minimum 10 feet each side (corner lots: 15 feet on street side yard).

(4)

Maximum ground coverage by all structures: no more than forty-percent coverage of lot areas.

§ 715-17 R-3 Multiple-Family Residential District.

Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of multiple-family dwelling units at varying dwelling unit densities.

Permitted uses.

(1)

Two-family dwellings (duplex).

(2)

Multiple-family dwellings.

Conditional uses.

(1)

Parks and playgrounds.

(2)

Professional home offices and home occupations.

(3)

Planned residential developments.

(4)

Golf courses and private clubs.

(5)

Barbering and beauty culture.

(6)

Utilities.

(7)

Schools and churches.

(8)

Government, cultural and public uses, such as fire and police stations, community centers, libraries, public emergency shelters and museums.

(9)

Nursery schools.

(10)

Retirement homes.

(11)

Day-care centers (state licensed).

Area, height and yard requirements.

(1)

Lot.

(a)

Area.

[1]

Two-family (duplex) dwellings: 7,000 square feet per residential unit.

[2]

Multifamily (more than two): minimum area of 14,000 square feet, with no less than 2,000 square feet for one-bedroom units and no less than 2,500 square feet for two-bedroom units.

(b)

Width: minimum 80 feet for two-family dwellings; minimum of 90 feet for multifamily dwellings.

(2)

Building height: maximum 45 feet.

(3)

Yards.

(a)

Street: minimum 25 feet.

(b)

Rear: minimum 25 feet.

(c)

Side: minimum 10 feet each side (corner lots: 15 feet on street side yard).

Other development regulations.

(1)

A site development plan, prepared in accordance with § 715-93 of this chapter, shall be submitted before a permit can be granted for any use in this district.

(2)

No outdoor storage of any material shall be permitted in this district except within enclosed containers.

(3)

No lighting shall be permitted which would glare from this district onto any street right-of-way or onto any adjacent property.

§ 715-18 R-4 Mobile Home Park Residential District.

Purpose. The R-4 District is intended to aid in providing for the mobile home needs of the community at a comparatively high density in areas that have community services available. The district is established to provide a regulatory framework designed to encourage and promote improved environmental design and allow for greater flexibility in the establishment and development of mobile home parks while ensuring substantial compliance with the basic intent of the Zoning Code and the general plan for community development. This district is further intended to encourage rational and economic development with relationship to public services and to encourage and facilitate the preservation of open spaces.

Permitted uses. Land may be used for the location of mobile homes, and buildings or structures may be erected, altered, enlarged or used for only one or more of the following purposes:

(1)

Mobile home parks, subject to the requirements of the Wisconsin Administrative Code and Article XV of this chapter.

(2)

One private garage for each mobile home.

(3)

Playgrounds and recreational areas.

(4)

Uses customarily accessory to any of the preceding permitted uses.

Area, height and development regulations. Mobile home parks shall fully comply with all requirements of Article XV of this chapter.

Other development regulations.

(1)

A site development plan, prepared in accordance with § 715-93 and Article XV of this chapter, shall be submitted before a permit can be granted for any use in this district.

(2)

No outdoor storage of any material shall be permitted in this district except within enclosed containers.

(3)

No lighting shall be permitted which would glare from this district onto any street right-of-way or onto any adjacent property.

(4)

Wrecked, damaged or dilapidated mobile homes shall not be kept or stored in a mobile home park or upon any premises in the Village. The Village Building Inspector or Village Board shall determine if a mobile home is damaged or dilapidated to a point which makes it unfit for human occupancy. Such mobile homes are hereby declared to be a public nuisance. Whenever the Building Inspector so determines, he/she shall notify the licensee or landowner and owner of the mobile home in writing that such public nuisance exists within the park or on lands owned by him/her, giving the findings upon which his/her determination is based, and shall order such home removed from the park or site or repaired to a safe, sanitary and wholesome condition of occupancy within a reasonable time, but not less than 30 days.

Nonconforming use outside parks; replacement.

(1)

Mobile homes legally located and occupied on premises outside a licensed mobile home park prior to the enactment of this section may be continued in such location, provided that such use and occupancy is otherwise in conformity with the applicable laws and regulations of the state and Village. Such nonconforming use shall automatically terminated upon a discontinuance for any reason for 12 consecutive months or if the total structural repairs and alterations to the mobile home exceed 50% of the net value.

(2)

Nothing herein shall prevent the owner of a mobile home under Subsection E(1) hereof from replacing the mobile home with a model of better physical condition, as determined by Village officials, provided that the replacement unit meets all applicable standards of construction in the industry existing as of the date of replacement not at the date of manufacture of the replacement unit.

Temporary placement. It shall be unlawful for any person to park, store or locate any mobile home in the Village of Argyle at any site other than a licensed mobile home park complying with the requirements of this district, except that the Village Board, in cases of hardship, may authorize temporary parking or storing of a mobile home outside of a mobile home park for up to 10 months. At the expiration of such time, the owner or occupant of such mobile home shall relocate the mobile home to the mobile home park within 120 days. Persons temporarily locating a mobile home outside of a mobile home park pursuant to this subsection shall, as a condition to such placement, enter into a contract with the Village agreeing to fully comply with the requirements of this chapter.

§ 715-19 C-1 Conservancy District.

Purpose. The purpose of this district is to preserve, protect, and maintain the natural environment and character of areas exhibiting significant natural resource features which contribute to the productive, recreational or aesthetic value of the community.

Permitted uses.

(1)

Farming and related agricultural uses when conducted in accordance with conservation standards.

(2)

Forest and game management.

(3)

Hunting, fishing and hiking.

(4)

Parks and recreation areas; arboreta; botanical gardens; greenways.

(5)

Stables.

(6)

Utilities.

(7)

Nonresidential buildings used solely in conjunction with the raising of water, fowl or fish.

(8)

Harvesting of wild crops.

(9)

Recreation-related structures not requiring basements.

Conditional uses.

(1)

Animal hospitals, shelters and kennels.

(2)

Archery and firearm ranges, sports fields and skating rinks.

(3)

Land restoration, flowage, ponds.

(4)

Golf courses and clubs.

(5)

Ski hills and trails.

(6)

Yacht clubs and marinas.

(7)

Recreation camps.

(8)

Public and private campgrounds.

(9)

Riding stables.

(10)

Planned residential developments.

(11)

Sewage disposal plants.

(12)

Governmental, cultural and public buildings or uses.

(13)

Utilities.

(14)

Hunting and fishing clubs.

(15)

Professional home offices.

(16)

Farm structures.

Area, height and yard requirements.

(1)

Lot.

(a)

Area: minimum 20,000 square feet.

(b)

Width: minimum 100 feet.

(2)

Building height: maximum 35 feet.

(3)

Other structures' height: maximum 1/2 the distance from the structures' nearest lot line.

(4)

Yards.

(a)

Street: minimum 20 feet.

(b)

Rear: minimum 20 feet.

(c)

Side: minimum 20 feet, except structures used for the housing or shelters of animals must be 100 feet from lot lines.

§ 715-20 B-1 General Commercial District.

Purpose. The B-1 District is intended to provide an area for the business, financial, professional and commercial needs of the community, especially those which can be most suitably located in a compact and centrally located business district. This district reflects the Village's existing downtown retail and service business area.

Permitted uses. The following uses of land are permitted in the B-1 District:

(1)

Paint, glass and wallpaper stores.

(2)

Hardware stores.

(3)

Department stores, variety stores, general merchandise stores.

(4)

General grocery stores, supermarkets, fruit and vegetable stores, delicatessens, meat and fish stores and miscellaneous food stores.

(5)

Candy, nut or confectionery stores.

(6)

Dairy products stores, including ice cream stores.

(7)

Retail bakeries, including those which produce some or all of the products sold on the premises, but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home service delivery.

(8)

Clothing and shoe stores.

(9)

Furniture, home furnishings, floor covering and upholstery shops/stores.

(10)

Restaurants, lunch rooms and other eating places, except drive-in-type establishments.

(11)

Taverns, bars and other drinking places with applicable alcohol license by the Village Board and/or applicable alcohol permit by the Wisconsin Department of Revenue.

[Amended 4-6-2022 by Ord. No. 4-2022]

(12)

Drugstores and pharmacies.

(13)

Liquor stores.

(14)

Antique stores and secondhand stores.

(15)

Sporting goods stores and bicycle shops.

(16)

Bookstores, not including adult books.

(17)

Stationery stores.

(18)

Jewelry and clock stores.

(19)

Camera and photographic supply stores.

(20)

Gift, novelty and souvenir shops.

(21)

Florist shops.

(22)

Tobacco and smokers' supplies stores.

(23)

News dealers and newsstands.

(24)

Wholesale merchandise establishments, only for retail items listed above; e.g., Subsection B(19) would allow wholesale camera sales.

(25)

Banks and other financial institutions.

(26)

Offices of insurance companies, agents, brokers and service representatives.

(27)

Offices of real estate agents, brokers, managers and title companies.

(28)

Miscellaneous business offices.

(29)

Heating and plumbing supplies.

(30)

Retail laundry and dry-cleaning outlets, including coin-operated laundries and dry-cleaning establishments, commonly called laundromats and launderettes. Tailor shops, dressmakers' shops, and garment repair shops, but not garment-pressing establishments, hand laundries, or hat cleaning and blocking establishments.

(31)

Photographic studios and commercial photography establishments.

(32)

Barbershops, beauty shops and hairdressers.

(33)

Shoe repair shops and shoe-shine parlors.

(34)

Trade and contractor's offices (office only).

(35)

Advertising agencies, consumer credit reporting, news agencies, employment agencies.

(36)

Duplicating, blueprinting, photocopying, addressing, mailing, mailing list and stenographic services; small print shops.

(37)

Computer services.

(38)

Commercial parking lots, parking garages, parking structures.

(39)

Watch, clock and jewelry repair services.

(40)

Motion-picture theaters, not including drive-in theaters.

(41)

Miscellaneous retail stores.

(42)

Offices/clinics of physicians and surgeons, dentists and dental surgeons, osteopathic physicians, optometrists and chiropractors, but not veterinarian's offices.

(43)

Law offices.

(44)

The offices, meeting places, churches and premises of professional membership associations; civic, social and fraternal associations; business associations, labor unions and similar labor organizations; political organizations; religious organizations; charitable organizations; or other nonprofit membership organizations.

(45)

Engineering and architectural firms or consultants.

(46)

Accounting, auditing and bookkeeping firms or services.

(47)

Professional, scientific or educational firms, agencies, offices or services, but not research laboratories or manufacturing operations.

(48)

The offices of governmental agencies and post offices.

(49)

Public transportation passenger stations, taxicab company offices, taxicab stands, but not vehicle storage lots or garages.

(50)

Telephone and telegraph offices.

(51)

Theaters, auditoriums, banquet halls, and other places of public assembly.

[Added 4-6-2022 by Ord. No. 4-2022]

Conditional uses. The following are permitted as conditional uses in the B-1 District, provided that no nuisance shall be afforded to the public through noise, the discharge of exhaust gases from motor-driven equipment, unpleasant odors, smoke, steam, harmful vapors, obnoxious materials, unsightly conditions, obstruction of passage on the public street or sidewalk, or other conditions generally regarded as nuisances, and provided that, where operations necessary or incident to the proper performance of these services or occupations would tend to afford such nuisances, areas, facilities, barriers or other devices shall be provided in such a manner that the public is effectively protected from any and all such nuisances. These uses shall be subject to the consideration of the Village Board with regard to such matters.

(1)

Miscellaneous repair shops and related services.

(2)

Garment-pressing establishments, hand laundries and coin-operated dry cleaning establishments.

(3)

Establishments engaged in the publishing and printing of newspapers, periodicals or books.

(4)

Dwelling units, provided that no dwelling shall be permitted below the second floor.

[Amended 4-6-2022 by Ord. No. 4-2022]

(5)

Farm supplies, wholesale trade.

(6)

Establishments engaged in the retail sale of automobiles, trailers, mobile homes, or campers, provided that any inoperable vehicles or vehicles awaiting repair be maintained in a way that does not constitute a nuisance and remains in full compliance with Village ordinances.

(7)

Stores for the sale and installation of tires, batteries, mufflers or other automotive accessories, provided that any inoperable vehicles or vehicles awaiting repair be maintained in a way that does not constitute a nuisance and remains in full compliance with Village ordinances.

(8)

Gasoline service stations; provided, further, that all gasoline pumps, storage tanks and accessory equipment must be located at least 30 feet from any existing or officially proposed street line and provided that any inoperable vehicles or vehicles awaiting repair be maintained in a way that does not constitute a nuisance and remains in full compliance with Village ordinances.

(9)

Establishments engaged in the daily or extended-term rental or leasing of house trailers, mobile homes or campers, provided that any inoperable vehicles or vehicles awaiting repair be maintained in a way that does not constitute a nuisance and remains in full compliance with Village ordinances.

(10)

Establishments engaged in daily or extended-term rental or leasing of passenger automobiles, limousines or trucks without drivers or of truck trailers or utility trailers, provided that any inoperable vehicles or vehicles awaiting repair be maintained in a way that does not constitute a nuisance and remains in full compliance with Village ordinances.

(11)

Establishments for the washing, cleaning or polishing of automobiles, including self-service car washes, provided that any inoperable vehicles or vehicles awaiting repair be maintained in a way that does not constitute a nuisance and remains in full compliance with Village ordinances.

(12)

Hotels, motor hotels, motels, tourist courts, tourist rooms, etc.

(13)

Farm implement sales.

(14)

Mini warehouses.

(15)

Veterinarians' offices/clinics.

Lot, yard and building requirements.

(1)

Lot frontage: minimum 30 feet.

(2)

Lot area: minimum 4,000 square feet.

(3)

Principal building.

(a)

Front yard: none for older preexisting structures; otherwise, 25 feet.

(b)

Side yard: minimum 10 feet, if side yard is necessary to be compatible with neighborhood. (None for preexisting nonconforming structures.)

(c)

Rear yard: minimum 10 feet. (None for preexisting nonconforming structures.)

NOTE: Preexisting structures may be nonconforming. In blocks in the business districts which are already developed, the dimensional requirements of this chapter can be modified if, in the opinion of the Board of Appeals, such action would be in keeping with the purpose of this chapter where a practical difficulty or hardship would result from a literal enforcement of the requirements.

(4)

Building height: maximum 45 feet.

(5)

Percent of lot coverage: maximum 90%.

(6)

Alley setback: minimum 10 feet.

Other development regulations.

(1)

A site development plan, prepared in accordance with § 715-93, shall be submitted before a permit can be granted for any expanded or all new uses in this district.

(2)

No outdoor storage of any material shall be permitted in this district except within enclosed containers.

(3)

No lighting shall be permitted which would glare from this district onto any street right-of-way or onto any adjacent property.

§ 715-21 B-2 Highway Commercial District.

Purpose. The purpose of the B-2 District is to encourage the growth and development of business activities and establishments which require highway frontage and exposure due to their automobile and vehicular orientations.

Permitted uses. The following uses are permitted within the B-2 Highway Commercial District:

[Amended 7-11-2012; 5-29-2018]

(1)

Automotive repair and service.

Conditional uses. The following are specific conditional uses in this chapter:

(1)

Amusement activities.

(2)

Automobile and truck retail services.

(3)

Bars and taverns.

(4)

Candy, nut and confectionery sales.

(5)

Gasoline service stations.

(6)

Gift, novelty and souvenir sales.

(7)

Hotels, motels and tourist courts.

(8)

Nightclubs and dance halls.

(9)

Restaurants.

(10)

Sales, service and installation of tires, batteries and accessories.

(11)

Dwelling units, provided that no dwelling shall be permitted below the second floor and business uses are not permitted on any floor above the ground floor, except in those buildings or structures where dwelling units are not established.

[Amended 4-7-2021]

(12)

Animal hospital, shelters and kennels.

(13)

Yachting clubs and marinas.

(14)

Public assembly uses.

(15)

Commercial recreation facilities.

(16)

Off-season storage facilities.

(17)

Lodges and fraternal buildings.

(18)

Nursing homes.

(19)

Nursery and day-care centers.

(20)

Retirement homes.

(21)

Drive-in food and beverage establishments.

(22)

Drive-banks.

(23)

Drive-in theaters.

(24)

Vehicle sales and service.

(25)

Public parking lots.

(26)

Taxi stands.

(27)

Sewage disposal plants.

(28)

Governmental, cultural, and public buildings or uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums.

(29)

Utilities.

(30)

Schools and churches.

(31)

Mobile home sales.

(32)

Log stacks are a conditional accessory use in the B-2 District, provided that they are located a minimum of 60 feet from the center of adjacent public road rights-of-way.

(33)

Farm implement sales.

(34)

Mini warehouses.

(35)

Grocery/variety/hardware stores.

(36)

Other uses similar to or customarily incident to any of the above uses.

(37)

Computer and data center.

[Added 6-28-2018]

(38)

Health clubs.

[Added 4-7-2021]

Area, height and yard requirements.

(1)

Lot.

(a)

Area: 8,000 square feet.

(b)

Width: minimum 80 feet.

(2)

Building height: maximum 35 feet.

(3)

Yards.

(a)

Street: minimum 40 feet (may include parking).

(b)

Rear: minimum 25 feet (if abutting a residential district: 50 feet).

(c)

Side: minimum 15 feet each side.

Other development regulations.

(1)

A site development plan, prepared in accordance with § 715-93, shall be submitted before a permit can be granted for any expanded or all new uses in this district.

(2)

No lighting shall be permitted which would glare from this district onto any street right-of-way or onto any adjacent property.

§ 715-22 B-3 Business Park District.

Purpose. The B-3 Business Park District is established to provide an aesthetically attractive working environment exclusively for and conducive to the development and protection of offices, non-nuisance type manufacturing operations and research and development institutions. The essential purpose of this district, is to achieve development, which is an asset to the owners, neighbors and the Village, and to promote and maintain desirable economic development in a dedicated business park setting.

Permitted uses. The following uses of land are permitted in the B-3 District:

(1)

State-classified manufacturing operations.

(2)

Warehousing or distribution operations, not including predominantly retail sales to customers on site.

(3)

Offices of construction firms, shops, display rooms and enclosed storage.

(4)

Laboratories, research, development and testing, and manufacturing and fabrication in conjunction with such research and development and operations.

(5)

Service uses, including computer and data processing services, miscellaneous business services, offices (business and professional) and communication services.

(6)

Telecommunications facilities.

Conditional uses. The following are permitted as conditional uses within the B-3 District:

(1)

Public utilities and public services.

(2)

Conference centers and hotel facilities.

(3)

Ancillary retail sales and service operations that serve employees within the business park.

Lot, yard and building requirements.

(1)

Lot frontage: minimum 100 feet.

(2)

Lot area: minimum 21,780 square feet.

(3)

Front yard: minimum 25 feet.

(4)

Side yard: minimum 15 feet.

(5)

Rear yard: minimum 30 feet.

(6)

Building height: maximum 35 feet.

NOTE: Requirements may be modified by conditional use permit.

Other requirements. Uses permitted and conditional in the B-3 District are subject to the following requirements:

(1)

No building or improvement shall be erected, placed or altered on any lands in the B-3 District until the plans for such building or improvement, including site, landscaping and building plan and specifications, have been approved by the Plan Commission per § 715-93. The Plan Commission per § 715-93 shall review and approve, approve conditionally or disapprove such plans with respect to conformity with deed restrictions and protective covenants placed on the land in the B-3 District. The deed restriction and protective covenants must be approved by the Village Board. The approved deed restriction and protective covenants must be recorded on the land prior to rezoning to the B-3 District.

(2)

Design standards in the B-3 District shall include as a minimum the following standards:

(a)

All uses shall comply with Village performance standards for air pollution, fire and explosive hazards, glare and heat, liquid or solid wastes, noise and vibration, odors, radioactivity and electrical disturbances and refuse.

(b)

All business, servicing or processing, except off-street parking and loading and outside storage areas regulated by restrictive covenants, shall be conducted within completely enclosed buildings.

(c)

The building coverage on any zoning lot shall not exceed 55%, nor be less than 25%.

(d)

All areas not covered by buildings or parking lots shall be landscaped, subject to detail requirements of restrictive covenants.

(e)

All zoning lots abutting residentially zoned districts shall be screened.

§ 715-23 I-1 Industrial District.

Purpose. This district is intended to provide an area for manufacturing, marketing and industrial and agribusiness activities. It is also intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas, or which would create or tend to create conditions of public or private nuisance, hazard or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, barriers or other forms of protection, including spatial distance, in order to reduce, eliminate or shield the public from such conditions. (See also the B-3 Business Park District, § 715-22.)

Permitted uses. The following uses are permitted within the Industrial District:

[Amended 5-29-2018]

(1)

Automotive repair and service.

Conditional uses. The following are permitted as conditional uses within the I-1 District. Such use shall be subject to the consideration of the Village Board and Plan Commission with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors. All conditional uses must be approved in accordance with the procedures established in Article IV.

[Amended 5-29-2018]

(1)

Manufacturing establishments, usually described as factories, mills or plants, in which raw materials are transformed into finished products, and establishments engaged in assembling component parts of manufactured products.

(2)

Other industrial or commercial activities which possess the special problem characteristics described above relating to the creation of hazards or nuisance conditions.

(3)

The outdoor storage of industrial products, machinery, equipment or other materials, provided that such storage be enclosed by a suitable fence or other manner of screening.

(4)

Railroads, including rights-of-way, railroad yards, and structures normally incident to the operation of railroads, including station houses, platforms and signal towers, but not including warehouses owned by companies other than railroad companies or road terminal companies.

(5)

Wholesale establishments and warehouses.

(6)

Building construction contractors.

(7)

Highway passenger and motor freight transportation.

(8)

Light industry and service uses.

(a)

Automotive body repair.

(b)

Automotive upholstery.

(c)

Cleaning, pressing, dyeing.

(d)

Commercial bakeries.

(e)

Commercial greenhouses.

(f)

Distributors.

(g)

Food locker plants.

(h)

Printing and publishing.

(i)

Trade and contractor's facilities.

(j)

Offices.

(k)

Painting services.

(l)

Retail sales and service facilities such as retail and surplus outlet stores, and restaurants and food service facilities when established in conjunction with a permitted manufacturing or processing facility.

(m)

Recreation vehicle, boat and miscellaneous storage.

(9)

Public facilities and uses.

(a)

Governmental, cultural and public buildings or uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums.

(b)

Schools and churches.

(c)

Airports, airstrips and landing fields.

(10)

Agriculture-related industry and service uses.

(a)

Production of natural and processed cheese.

(b)

Production of shortening, table oils, margarine and other edible fats and oils.

(c)

Production of condensed and evaporated milk.

(d)

Wet milling of corn.

(e)

Production of creamery butter.

(f)

Drying and dehydrating fruits and vegetables.

(g)

Preparation of feeds for animal and fowl.

(h)

Pea vineries.

(i)

Creameries and dairies.

(j)

Production of flour and other grain mill products; blending and preparing of flour.

(k)

Fluid milk processing.

(l)

Production of frozen fruits, fruit juices, vegetables and other specialties.

(m)

Fruit and vegetable sauces and seasoning, and salad dressing preparation.

(n)

Poultry and small game dressing and packing, providing that all operations be conducted within an enclosed building.

(o)

Production of sausages and other meat products, providing that all.

(p)

Corn shelling, hay baling and threshing services.

(q)

Grist mill services.

(r)

Horticultural services.

(s)

Canning of fruits, vegetables, preserves, jams and jellies.

(t)

Canning of specialty foods.

(u)

Grain elevators and bulk storage of feed grains.

(v)

Fertilizer production, sales, storage, mixing and blending.

(w)

Sales or maintenance of farm implements and related equipment.

(x)

Animal hospitals, shelters and kennels.

(y)

Veterinarian services.

(z)

Sawmills.

(aa)

Mini warehouses.

(bb)

Grain drying facilities.

Prohibited uses.

(1)

Specifically excluded from this designation and expressly prohibited is any use or business which is dangerous or which would create a public nuisance.

(2)

All residential uses are expressly prohibited.

(3)

Also specifically excluded and expressly prohibited is any use or business involving the wrecking of automobiles, junkyards, scrap yards, garbage removal or the slaughter of animals or poultry.

Lot, yard and building requirements.

(1)

Lot frontage: no minimum.

(2)

Lot area: minimum 15,000 square feet.

(3)

Front yard: minimum 30 feet.

(4)

Side yards: minimum 20 feet.*

(5)

Rear yard: minimum 30 feet.*

(6)

Building height: maximum 60 feet.

(7)

Percentage of lot coverage: maximum 70%.

Required buffer strips in industrial districts. Where an industrial district abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 40 feet in width as measured at right angles to said lot line. Plant materials at least six feet in height of such variety and growth habits as to provide a year-round effective visual screen when viewed from the residential district shall be planted in the exterior 25 feet abutting the residential district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. Fencing may be used in lieu of planting materials to provide said screening. The fencing shall be not less than four nor more than eight feet in height, and shall be of such materials as to effectively screen the industrial area. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.

§ 715-24 A-1 Agricultural District.

Purpose. The A-1 Agricultural District is intended to provide for the continuation of general farming and related uses in those areas of the Village that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.

Permitted uses.

(1)

General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture (grape growing); provided, however, that farm buildings housing animals, barnyards and feedlots shall not be located in a floodplain, and shall be at least 100 feet from any navigable water or district boundary. Furthermore, no person, persons or entities shall own, keep, harbor or board, any cattle, horses, ponies, swine, goats, sheep, llamas or similar type animals, nor fowl (more than two) or rabbits (more than four) within this A-1 District, unless the parcel or contiguous parcels of A-1 zoned land in the Village are at least 10 acres in area, or if the parcel within the Village corporate limits and lands contiguous to the parcel located outside the Village corporate limits and used for agricultural purposes are at least 10 acres in area.

[Amended 1-5-2011]

(2)

As a further restriction, the keeping and raising of any such animals as set forth in Subsection B(1) hereof shall be located at least 150 feet from any dwelling unit, other than the dwelling unit on the property in question.

[Amended 1-5-2011]

(3)

Forestry, nurseries, orchards and truck farming.

[Amended 1-5-2011]

(4)

Harvesting of wild crops and management of wildlife, including nonresidential buildings used solely in conjunction with such activity.

(5)

In-season roadside stands for the sale of farm products produced on the premises and up to two unlighted signs not larger than eight square feet each advertising such sale.

(6)

Customary home occupations.

(7)

One- and two-family farm residences and a single mobile home, but only when occupied by owners and/or persons engaged in farming activities on the farm on which it is located.

(8)

Woodlots and tree farms.

(9)

Production of forest crops, including tree plantations.

Permitted accessory uses.

(1)

Attached or detached private garages and carports accessory to permitted uses or permitted accessory uses.

(2)

General farm buildings including barns, silos, sheds, storage bins and including not more than one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.

(3)

One farm dwelling. The only residences allowed as permitted uses on newly established parcels are those to be occupied by a person who, or a family at least one member of which, earns a substantial part of his or her livelihood from farm operations on the parcel or is related to the operator of the larger farm parcel from which the new parcel is taken. Preexisting residences located in areas subject to zoning under this section which do not conform to this paragraph may be continued in residential use. The minimum parcel size to establish a residence or a farm operation is 35 acres. No structure or improvement may be built on the land unless consistent with agricultural uses.

(4)

Private garages and parking space.

(5)

Private swimming pool and tennis court.

(6)

Home occupation.

(7)

Signs as regulated by the Village.

(8)

Buildings temporarily located for purposes of constructing on the premises for a period not to exceed the time necessary for such constructing.

(9)

Gardening and other horticultural uses where no sale of products is conducted on the premises.

Conditional uses.

(1)

Airports, airstrips and landing fields, provided that the site is not less than 20 acres.

(2)

Commercial feedlots, livestock sales facilities and fur farms.

(3)

Housing for farm laborers and seasonal or migratory farm workers.

(4)

Transmitting towers, receiving towers, relay and microwave towers without broadcast facilities or studios.

(5)

Utilities.

(6)

Veterinary clinics, provided that no structure or animal enclosure shall be located closer than 150 feet to a property boundary.

(7)

Public and parochial schools, provided no building shall be located within 50 feet of any lot line.

(8)

Churches, including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site, provided no more than 10 persons shall reside on the site and no building shall be located within 50 feet of any lot line.

(9)

Golf courses, country clubs, tennis clubs or public swimming pools serving more than one family. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot in a residential district, and accessory structures shall be a minimum of 50 feet from any lot line.

(10)

Essential service structures, including but not limited to buildings such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 10 feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare.

(11)

Hospitals for human care, sanitariums, rest homes, and nursing homes, provided that all structures, except fences, shall be located 100 feet or more from the lot line of any abutting lot in a residential district.

(12)

Cemeteries.

(13)

Fur farms, kennels, greenhouses and other agricultural uses that may cause noxious odors or noise, or create health or sanitation hazards.

(14)

Campgrounds, tourist camps and travel trailer parks, subject to the provisions of this chapter and the Wisconsin Administrative Code.

(15)

Trap- or skeet-shooting facilities, target ranges, gun clubs, shooting preserves.

(16)

Riding stables.

(17)

Golf courses.

Lot, yard and building requirements.

(1)

Lot frontage: minimum 200 feet.

(2)

Lot area: minimum two acres.

(3)

Principal building.

(a)

Front yard: minimum 80 feet.

(b)

Side yards: minimum 50 feet.

(c)

Rear yard: minimum 50 feet.

(4)

Accessory building.

(a)

Front yard: minimum 80 feet.

(b)

Side yards: minimum 45 feet.

(c)

Rear yard: minimum 45 feet.

(d)

Building height: maximum 50 feet.

§ 715-25 MW Wellhead Protection Overlay District.

Purpose. The Village recognizes that consequences of certain land use activities, whether intentional or accidental, can seriously impair groundwater quality. The purpose of the Municipal Well Recharge Area Overlay District (MW) is to protect municipal groundwater resources from certain land use activities by imposing appropriate restrictions upon lands located within the approximate groundwater recharge area of the Village's municipal wells. The restrictions imposed herein are in addition to those of the underlying residential, commercial or industrial zoning districts or any other provisions of the Zoning Ordinance.

Overlay zones. The Municipal Well Recharge Area Overlay District is hereby divided into Zone A and Zone B, as follows:

(1)

Zone A is identified as the primary source of water for the municipal well aquifer and as the area most likely to transmit groundwater contaminants to the municipal wells. Zone A is more restrictive than Zone B.

(2)

Zone B is identified as a secondary source of water for the municipal well aquifer and as an area where there is a lower probability of surface contaminants reaching the municipal wellfields. Zone B is less restrictive than Zone A.

Zone A prohibited uses. The following land uses are hereby found to have a high potential to contaminate or have already caused groundwater contamination problems in Wisconsin and elsewhere. The following principal or accessory uses are hereby prohibited within Zone A of the Municipal Well Recharge Area Overlay District:

(1)

Areas for dumping or disposing of garbage, refuse, trash or demolition material.

(2)

Asphalt products manufacturing plants.

(3)

Automobile laundries.

(4)

Automobile service stations.

(5)

Building materials and products sales.

(6)

Cartage and express facilities.

(7)

Cemeteries.

(8)

Chemical storage, sale, processing or manufacturing plants.

(9)

Dry-cleaning establishments.

(10)

Electronic circuit assembly plants.

(11)

Electroplating plants.

(12)

Exterminating shops.

(13)

Fertilizer manufacturing or storage plants.

(14)

Foundries and forge plants.

(15)

Garages — for repair and servicing of motor vehicles, including body repair, painting or engine rebuilding.

(16)

Highway salt storage areas.

(17)

Industrial liquid waste storage areas.

(18)

Junkyards and auto graveyards.

(19)

Metal reduction and refinement plants.

(20)

Mining operations.

(21)

Motor and machinery service and assembly shops.

(22)

Motor freight terminals.

(23)

Pain products manufacturing.

(24)

Petroleum products storage or processing.

(25)

Photography studios, including the developing of film and pictures.

(26)

Plastics manufacturing.

(27)

Printing and publishing establishments.

(28)

Pulp and paper manufacturing.

(29)

Residential dwelling units on lots less than 15,000 square feet in area. However, in any residence district, on a lot of record on the effective date of this chapter, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of the Village's Zoning Ordinance are complied with.

(30)

Septage disposal sites.

(31)

Sludge disposal sites.

(32)

Storage, manufacturing or disposal of toxic or hazardous materials.

(33)

Underground petroleum products storage tanks for industrial, commercial, residential or other uses.

(34)

Woodworking and wood products manufacturing.

Zone A conditional uses. The following conditional uses may be allowed in the Municipal Well Recharge Area Overlay District, subject to the provisions of Article IV:

(1)

Any other business or industrial use not listed as a prohibited use.

(2)

Animal waste storage areas and facilities.

(3)

Center-pivot or other large-scale irrigated agriculture operations.

Zone B prohibited uses. The following principal or accessory uses are hereby prohibited within Zone B of the Municipal Well Recharge Area Overlay District:

(1)

Underground petroleum products storage tanks for industrial, commercial, residential or other uses.

Zone B conditional uses. The following conditional uses may be allowed in the Municipal Well Recharge Area Overlay District, subject to the provisions of Article V:

(1)

Any business or industrial use.

§ 715-26 AEO Adult Entertainment Overlay District.

Authority.

(1)

The Village Board has authority, to be liberally construed in favor of the Village, under its general police powers set forth in Ch. 61, Wis. Stats., to act for the good order of the municipality and for the health, morals, safety and welfare of the public and may carry out its powers by regulation and suppression.

(2)

The Village Board recognizes it lacks authority to regulate obscenity under § 66.0107(3), Wis. Stats., and does not intend by adopting this section to regulate obscenity, since nudity in and of itself is not obscene; it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, nonobscene, erotic dancing in bars and taverns.

(3)

Adult establishments in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities; and such secondary effects are detrimental to the public health, safety and general welfare of citizens.

(4)

The Village Board recognizes the U.S. Supreme Court has held that material with adult content is within the outer perimeters of the First Amendment to the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights and wishes to act consistently with full protection of those rights.

(5)

However, the Village Board is aware, based on the experiences of other communities, that adult establishments may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the Village of Argyle.

(6)

Among these secondary effects are:

(a)

The potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;

(b)

The potential depreciation of property values in neighborhoods where adult establishments featuring nude dancing exist;

(c)

Health risks associated with the spread of sexually transmitted diseases; and

(d)

The potential for infiltration by organized crime for the purpose of unlawful conduct.

(7)

The Village Board desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Village of Argyle; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.

(8)

The Village Board has determined that the enactment of a zoning ordinance provision allowing adult establishments viable areas in which to exist within the Village while keeping those adult establishments separated from each other, residential areas, schools, churches, day-care centers, or bars or taverns, promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such adult establishments.

Purpose. The purpose of the AEO Adult Entertainment Overlay District is to create an overlay zoning district whereby adult establishments are sufficiently separated from each other and conflicting uses so as to ameliorate the negative secondary effects of adult uses while providing adult establishments sufficient area and opportunity to operate within the Village so as not to suppress their existence.

Definitions. For purposes of this district, the following definitions shall be applicable:

ADULT BOOKSTORE

An establishment which, as its substantial course of conduct, presents adult entertainment for observation by patrons therein or which, as part of its substantial course of conduct, offers for sale, rent, trade, lease, inspection or viewing books, films, videocassettes, magazines or other such media which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.

ADULT ENTERTAINMENT

Any exhibition of any motion picture, live performance, display or dance of any type which has as a significant or substantial portion of such performance, or is distinguished or characterized by an emphasis on, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas.

ADULT ESTABLISHMENT

Includes adult bookstores, adult motion-picture theaters, adult novelty stores, and further means any premises to which public, patrons or members are invited or admitted that is substantially devoted to the purveyance, demonstration or display of specified sexual activities or specified anatomical areas.

ADULT MOTION-PICTURE THEATER

Any establishment for the presentation of motion pictures that, as its dominant theme, are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observations by patrons therein.

ADULT NOVELTY STORE

Any establishment which, as its substantial course of conduct, offers for sale, rent, trade, lease, inspection or viewing any adult novelty items, sex toys, sexual gratification appliances, or other similar products, excluding contraceptives or similar products of medical value, that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.

SPECIFIED ANATOMICAL AREAS

Either:

(1)

Less than completely and opaquely covered human genitals pubic region;

(2)

Human male genitals in a discernible turgid state, even if opaquely covered; or

(3)

Less than completely and opaquely covered nipples or areolas of the human female breast.

SPECIFIED SEXUAL ACTIVITIES

Simulated or actual:

(1)

Showing of human genitals in a state of sexual stimulation or arousal;

(2)

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or

(3)

Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

SUBSTANTIAL

Forty percent or more of business stock-in-trade, display space, floor space or retail sales in any one month. Upon reasonable belief that an entity is in excess of the forty-percent threshold, that entity shall provide all necessary records, receipts and documentation to the Village upon request. Failure to do so shall result in a presumption that the entity is operating in excess of the threshold.

Location.

(1)

No adult establishment shall be located:

(a)

Within any zoning district other than general commercial, limited commercial, highway commercial, industrial and heavy industrial.

(b)

Within 250 feet of an existing adult establishment.

(c)

Within 250 feet of any dwelling as defined by this chapter.

(d)

Within 250 feet of any preexisting school, church or day care, as defined in this chapter.

(e)

Within 250 feet of any preexisting establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor.

(2)

For purposes of this district, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult establishment to the nearest property line of another establishment, dwelling, school, church, day care or establishment selling or dispensing fermented malt beverages or intoxicating liquor.

Hours of operation.

(1)

No adult establishment shall be open between the hours of 2:00 a.m. and 8:00 a.m., Monday through Friday, between the hours of 2:30 a.m. and 8:00 a.m. on Saturdays, or between the hours of 2:30 a.m. and 12:00 noon on Sundays.

(2)

All adult establishments shall be open to inspection at all reasonable times by the law enforcement authorities, Zoning Administrator and/or other Village representatives.

§ 715-27 E-1 Mineral Extraction or Landfill Overlay District.

Purpose. The intent of this district is to provide a means of properly siting, regulating and reclaiming mineral extraction and landfill sites.

Permitted uses. Mineral extraction operations and landfill sites that are presently in existence, provided that applicable provisions of this section are complied with.

Conditional uses. Conditional uses in the district shall include all conditional uses listed in the underlying district. Conditional use procedures, as described in Article IV, shall be adhered to as well as the requirements of this section, with the more restrictive provision being applicable. In addition, the following are permitted conditional uses:

(1)

Extension of legally existing mineral extraction operation or the creation of a new such extraction operation.

(2)

New mineral extraction operations and the following: landfills; solid waste management facilities, recycling centers; bioremediation sites; and soil extraction or scraping for purposes of obtaining fill material for such large-scale operations as landfill sealing, roadbed construction, etc., or similar uses. These uses shall be conditional uses in all zoning districts except in residential districts.

Basic district standards.

(1)

Basic standards. The basic standards in this district shall be controlled by those of the underlying district unless more restrictive standards are established in the conditional use approval. Also, excavations or fill areas within 200 feet from any right-of-way or property line shall not be permitted unless the Village Board determines that the operational plans adequately provide for:

(a)

Safety of abutting land uses and for safe ingress to, egress from and traffic flow past the site.

(b)

Aesthetic screening from abutting properties.

(c)

Dust control from the operation and/or any stockpiling.

(d)

Staging of the operation to produce a minimal time frame between commencing of operations and restoration within this two-hundred-foot area.

(2)

Permit validity; operational requirements. The conditional use permit shall be in effect for a period not to exceed one year and may be renewed upon application for a period not to exceed one year; a shorter period may be established by Village Board action. There shall be an annual fee as prescribed from time to time by resolution of the Village Board for such permit. Modifications or additional conditions may be imposed upon application for renewal. Operational requirements shall include the following, where applicable, and all require Village Board approval:[1]

(a)

Fencing or other suitable barriers shall be erected as necessary to protect the public.

(b)

Machinery, roads and equipment used in the extractive operation shall be constructed, maintained and operated in such a manner as to minimize dust.

(c)

Crushing, washing, refining or other processing other than the initial removal of material may be permitted as an accessory use only as specifically authorized under the terms of the grant of permit.

(d)

Planting of trees and shrubs and other appropriate landscaping shall be provided where deemed necessary by the Village and other applicable agencies.

(e)

Hours of operation may be established and enforced by the Village Board.

(f)

Other requirements deemed necessary by the Village Board.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(3)

Plan of reclamation. A reclamation plan meeting the standards of Ch. NR 135, Wis. Adm. Code, shall be submitted and approved by all applicable agencies and the Village Board.

Existing operations. Existing operations shall be subject to the following further requirements:

(1)

Permit. Within 60 days after the original adoption of this section, all existing extractive operations shall be required to register with the Zoning Administrator, submitting pertinent data relative to the present operation, including the boundaries of the actual operation and of the ownership. A permit shall be granted to such existing operation, subject to compliance with the operational requirements listed above, where they can be reasonably applied under existing circumstances.

(2)

Plan for restoration. There shall be required, within one year after original adoption of this section, the submission of a plan for restoration of the site of existing extractive operation as provided above. The plan for restoration in such case shall not, however, impose requirements which are economically or engineeringly unreasonable with respect to conditions resulting from operations prior to enactment of this section.

Renewal permit. Within one year after the original enactment date of this section, any such existing operation shall be required to make application for a renewal permit the same as for reapplication in the case of a new operation under this section.

Plan of operation. All mineral extraction operations, including those operations and activities which lawfully existed prior to the original adoption of this section, shall prepare a plan of operation for the site which shall include the following information:

(1)

Statement of ownership of the parcel and control of the operations.

(2)

A site plan, drawn to scale, showing the lateral extent of existing and proposed excavations; the location and width of all easements and rights-of-way on or abutting the site; existing water bodies, watercourses and drainageways and proposed modifications; estimated direction of flow of groundwater; the location of existing and proposed buildings, structures, machinery and equipment; and the location of all existing and proposed storage and stockpiling areas.

(3)

Cross sections of the site, drawn to scale, showing the vertical extent of existing and proposed excavations.

(4)

A reclamation plan and such other information as may be necessary to determine the nature of the operation and the effect on the surrounding area.

(5)

Methods of screening from adjacent properties and proximity to adjacent properties.

(6)

Hours of operation and, if applicable, a phasing plan for future operations.

(7)

Dust and noise control.

(8)

Maximum depth.

(9)

Blasting procedures.

(10)

Location and height of stockpiles.

(11)

Such other information the Village Board deems pertinent to the operation.

Gravel crushing; permit requirement. In addition to all other conditional use permit and other requirements prescribed in this section, an annual permit is required for the placement or operation at any mineral extraction site of any portable or fixed gravel-crushing equipment. Such gravel-crushing operation permit shall be valid for one year; the Village Board may attach reasonable conditions to such permit. The annual fee for the permit shall be as prescribed from time to time by resolution of the Village Board.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Definitions. As used in this section, the following terms shall have the meanings indicated in this subsection:

ENVIRONMENTAL POLLUTION

Has the meaning specified under § 295.11(2), Wis. Stats.

NONMETALLIC MINING OR MINERAL EXTRACTION OPERATION

Operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates such as stone, sand and gravel, fill material and nonmetallic minerals such as asbestos, beryl, clay, feldspar, peat and talc, related operations or activities such as excavation, grading or dredging, if the purpose of those operations or activities is the extraction of mineral aggregates and nonmetallic minerals, and related processes such as crushing, screening, scalping, dewatering and blending.

NONMETALLIC MINING OR MINERAL EXTRACTION REFUSE

Waste soil, rock, mineral, liquid, vegetation and other waste material resulting from a nonmetallic mining or mineral extraction operation. This term does not include merchantable by-products resulting directly from or displaced by the nonmetallic mining or mineral extraction operation.

NONMETALLIC MINING OR MINERAL EXTRACTION SITE

The location where a nonmetallic mining or mineral extraction operation is proposed or conducted, including all surface areas from which materials are removed, related storage and processing areas, areas where nonmetallic mining refuse is deposited and areas disturbed by the mineral extraction operation by activities such as the construction or improvement of roads or haulageways.

OPERATOR

Any person who is engaged in a mineral extraction operation or mineral extraction site reclamation or who applies for or holds a nonmetallic mining permit issued under this section, whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors.

RECLAMATION

The rehabilitation of a mineral extraction site, including, but not limited to, removal of nonmetallic mining refuse, grading of the site, replacement of topsoil, stabilization of soil conditions, establishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution, construction of fences and, if practical, restoration of plant, fish and wildlife habitat.

REPLACEMENT OF TOPSOIL

The replacement of the topsoil which was removed or disturbed by a mineral extraction operation or the provision of soil which is at least as adequate as the topsoil which was removed or disturbed for the purposes of providing adequate vegetative cover and stabilization of soil conditions.

Exempt activities. The reclamation of sites within this district shall not apply to the following activities:

(1)

Excavations or grading by a person solely for domestic use at his or her residence.

(2)

Excavations or grading conducted for highway construction purposes within the highway right-of-way.

(3)

Grading conducted for farming, preparing a construction site or restoring land following a flood or natural disaster.

(4)

Excavations for building construction purposes.

(5)

Any mining operation, the reclamation of which is required in a permit obtained under Ch. 293, Wis. Stats.

(6)

Any activities conducted at a solid or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under Ch. 289, Subchs. II to IV, Wis. Stats., or a hazardous waste disposal facility under Ch. 291, Wis. Stats., but a nonmetallic mining reclamation ordinance may apply to activities related to solid or hazardous waste disposal which are conducted at a nonmetallic site separate from the solid or hazardous waste disposal facility, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.

Financial assurance. Before rezoning and a reclamation plan is approved by the Village Board, the operator shall submit an agreement and performance bond or cash escrow agreement to assure the following:

(1)

The operator shall pay for the cost of all improvements required in the reclamation plan by the Village Board.

(2)

Guaranteed completion of the required reclamation within a period determined by the Village Board.

(3)

Payment by the operator for all costs incurred by the Village for review and inspection. This would include preparation and review of plans and specifications by the Village Engineer and Attorney as well as other costs of a similar nature.

(4)

The Village may elect to have stages of the reclamation plan performed under the terms of a cash escrow agreement.

(5)

The required performance bond or cash escrow agreement shall be equal to 1 1/4 times the Village Engineer's estimated cost of the required improvements.

(6)

If the required reclamation is not complete within the designated period, all amounts held under the escrow agreement or performance bond shall be turned over and delivered to the Village and applied to the cost of the required reclamation. Any balance remaining after such reclamation has been done shall be returned to the operator. The Village Board, at its option, may extend the bond period for additional periods.

Fences. Prior to reclamation, mining sites abutting areas zoned residential shall be enclosed by a security fence of not less than four feet in height. Fence gates shall be locked or secured when the site is unattended so as to prevent uncontrolled access by children to the site.

Inspection. An authorized agent of the Village may enter the premises of a nonmetallic mining operation in the performance of his or her official duties by permission of the property owner or operator or pursuant to a special inspection warrant issued under § 66.0119, Wis. Stats., in order to inspect those premises and to ascertain compliance with this nonmetallic mining reclamation section.

Prohibitions and orders. Mineral extraction mining operations within the Village are prohibited if the nonmetallic mining site cannot be reclaimed in compliance with the standards of this section or if other requirements of this section are not met.

§ 715-27.1 MU Mixed-Use District.

[Added 4-6-2022 by Ord. No. 4-2022]

Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of both attached and detached single-family dwelling units and duplex units at varying densities, as well as compatible business and community uses when approved as part of mixed-use developments.

Permitted uses. The following uses of land are permitted in the MU District:

(1)

Single-family attached and detached dwellings, served by public sewer, excluding all mobile homes.

(2)

Two-family (duplex) dwellings constructed on a frost wall or full basement and served by public sewer, excluding all mobile homes.

(3)

Multiple-family dwellings, subject to the lot requirements in § 715-17.

(4)

One private garage with not more than three stalls for each residential parcel, per § 715-82 specifications.

(5)

Accessory uses and buildings as follows:

(a)

Gardening, tool and storage sheds incidental to a residential use.

(b)

Off-street parking facilities.

(c)

Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.

(d)

Signs as permitted by Village ordinances.

(6)

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

(7)

Foster family care.

(8)

Home occupations and professional home offices. (See § 715-40.)

(9)

Family day care limited to eight children. Family day-care homes shall be subject to state licensing requirements.

(10)

Community living arrangements and day-care centers which have a capacity for nine or more persons.

(11)

Any use listed as a permitted use in the B-1 District.

Conditional uses. The following are permitted as conditional uses within the MU District:

(1)

Utilities (electric substations, telephone switching stations, gas regulators, etc.).

(2)

Bed-and-breakfast inns. (See § 715-39.)

(3)

Churches and public buildings, except public buildings housing uses incompatible with the characteristics of the district, such as sewage systems, incinerators and shops.

(4)

Public utility structures, except those incompatible with the characteristics of the district.

(5)

Parks and playgrounds.

(6)

Planned residential developments.

(7)

Nursery schools.

Area, height and yard requirements.

(1)

Lot.

(a)