For the purpose of this chapter, the Village of Rothschild is hereby divided into zoning districts of such number and community character as are necessary to achieve compatibility of land use within each district. (See
Appendix A for a Zoning District Summary Chart.)
R-1
|
Single-Family Residential District
|
R-2
|
Single-Family Residential District
|
R-3
|
Single-Family Residential District
|
R-4
|
Single-Family Residential District
|
R-5
|
Two-Family Residential District
|
R-6
|
Multi-Residential District
|
R-R
|
Rural Residential District
|
C-1
|
Neighborhood Commercial District
|
C-2
|
Commercial District
|
C-3
|
Business and Office District
|
I-1
|
Light Industrial District
|
I-2
|
Heavy Industrial District
|
G/I
|
Government/Institutional District
|
P-1
|
Parkland and Conservancy District
|
PUD
|
Planned Unit Development Overlay District
|
FP
|
Floodplain Overlay District
|
NM
|
Nonmetallic Mine Reclamation Overlay District
|
WH
|
Wellhead Protection Overlay District
|
A. Boundaries of these districts are hereby established as shown on
the map titled "Zoning Map, Village of Rothschild, Marathon County,
Wisconsin," which accompanies this chapter and is herein made a part
of this chapter, hereafter referred to as the "Zoning Map." Such boundaries
shall be construed to follow corporate limits; U.S. Public Land Survey
lines; lot or property lines; center lines of streets, highways, rivers
or waterways, alleys, easements, and railroad rights-of-way or such
lines extended; and boundaries otherwise noted on the Zoning Map.
B. Vacation of public streets and alleys shall cause the land vacated
to be automatically placed in the same district as the abutting property
to which the vacated land reverts.
C. Mobile homes and mobile home parks: No mobile home may be placed
on any lot in the Village of Rothschild.
D. Waterfront setback. There shall be a minimum seventy-five-foot setback from the ordinary high-water mark to all buildings or accessory structures, such as sheds, parking structures, and fences. (See §
590-79A.)
A certified copy of the Zoning Map shall be adopted and approved
with the text as part of this chapter and shall bear upon its face
the attestation of the Village President and Village Clerk and shall
be available to the public in the office of the Village Clerk. Amendments
to the Zoning Map shall take effect upon adoption by the Village Board
and the filing of proof of posting or publication thereof in the office
of the Village Clerk. It shall be the duty of the Village Clerk to
enter all Zoning Map amendments upon the certified copy of the Zoning
Map and certify the same.
The following rules shall be used to determine the precise location
of any zoning district boundary shown on the Zoning Map of the Village
of Rothschild:
A. Zoning district boundaries shown as following or approximately following
the limits of any village, city, town or county boundary shall be
construed as following such limits.
B. Zoning district boundaries shown as following or approximately following
streets or railroad lines shall be construed as following the center
line of such streets or railroad lines.
C. Zoning district boundary lines shown as following or approximately
following platted lot lines or other property lines as shown on the
Village of Rothschild or County of Marathon tax maps shall be construed
as following such lines.
D. Zoning district boundaries shown as following or approximately following
the center lines of streams, rivers, or other continuously flowing
watercourses shall be construed as following the channel center lines
of such watercourses, and in the event of a natural change in the
location of such streams, rivers, or other watercourses, the zoning
district boundary shall be construed as moving with the channel center
line.
E. Zoning district boundaries shown as following or approximately following
ridgelines or watershed boundaries shall be construed as following
such lines.
F. Zoning district boundaries shown as separated from any of the features listed in Subsections
A through
E above shall be construed to be at such distances therefrom as are shown on the Zoning Map.
G. Where any uncertainty exists as to the exact location of a Zoning
District boundary line as shown on the Zoning Map, the location of
the line shall be determined by the Building Inspector/Zoning Administrator
or designated person.
The R-1 Single-Family Residential District is intended to provide
for single-family homes.
A. R-1 permitted uses.
(2) Accessory uses and buildings incidental to and on the same lot as
a principal use, including a private garage/carport and paved parking
areas customarily incident to the above uses but not involving the
conduct of a business.
[Amended 5-26-2015]
(3) Home occupations (in accordance with definition criteria).
(4) Publicly owned or operated park, playground or community building.
B. R-1 conditional uses.
(1) Educational institutions.
(4) Day-care facilities for nine or more children.
(5) Elderly housing as defined by federal guidelines.
(6) Residential planned unit developments.
[Added 9-8-2003]
(7) Public utility and service uses.
[Added 11-2-2006]
C. R-1 lot size requirements.
|
Table 2A: R-1 Lot Size Requirements
|
---|
|
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
---|
|
Permitted Uses
|
|
|
|
Single-family detached dwellings and home occupations
|
7,200
|
60
|
|
All other permitted uses
|
10,000
|
100
|
|
Conditional Uses
|
|
|
|
Two-family dwellings, churches and other religious institutions,
educational institutions, elderly housing and day-care facilities
|
15,000
|
100
|
D. R-1 yard requirements.
[Amended 9-22-2014; 5-22-2017; 8-28-2017]
|
Table 2B: R-1 Yard Requirements
|
---|
|
|
Interior Side
|
Corner Side
|
---|
|
|
Front Yard
(feet)
|
Yard
(feet)
|
Yard
(feet)
|
Rear Yard
(feet)
|
---|
|
Permitted Uses
|
|
|
|
|
|
Single-family detached dwellings on conforming lots
|
25
|
8
|
25
|
25
|
|
Single-family detached dwellings on legal nonconforming lots
between 50 and 60 feet wide
|
25
|
5 with an aggregate of
|
10
|
25
|
|
Single-family detached dwellings on legal nonconforming lots
less than 50 feet wide
|
25
|
5
|
|
25
|
|
All other permitted uses
|
30
|
15
|
30
|
40
|
|
Conditional Uses
|
|
|
|
|
|
Two-family dwellings, churches and other religious institutions,
educational institutions, elderly housing, and day-care facilities
|
30
|
15
|
30
|
40
|
|
Accessory Buildings
|
|
|
|
|
|
Single-family residence garages
|
25
|
8
|
25
|
10
|
|
Single-family residence garage on legal nonconforming lots between
50 and 80 feet or less wide
|
|
4
|
|
4
|
|
Single-family residence garage on legal nonconforming less than
50 feet wide
|
|
2.5
|
|
2.5
|
|
All other buildings accessory to single-family dwelling
|
75
|
8
|
50
|
10
|
|
Replacement nonconforming garage
|
|
|
|
|
E. R-1 bulk limitations.
[Amended 5-22-2017; 8-28-2017]
(1) Height. Buildings hereafter erected or structurally altered shall
not exceed an above-grade height of 35 feet in height. Accessory buildings
shall not have side walls greater than 10 feet and an overall height
of 18 feet measured to the top ridge.
(2) Area limitations. No use or combination of uses in the R-1 District,
including the principal building, accessory uses, and/or structures,
temporary structures, and off-street parking area, shall cover more
than 50% of the required lot area. No single accessory building shall
exceed 1,080 square feet in area.
F. Principal buildings: front yard exceptions.
[Added 9-22-2014; amended 5-22-2017; 8-28-2017]
(1) For purposes of entry to buildings, steps, stoops, decks or ramps
may be constructed in such a manner that they intrude into the required
front yard setback area provided that all of the following limitations
and conditions are satisfied:
(a)
The height of such structure shall not exceed five feet above
ground level, not including railings;
(b)
The width of such structure shall not exceed 12 feet side to
side;
(c)
The structure shall extend no farther than 10 feet from the
front of the building to which it is attached or up to the front property
line, whichever is less;
(d)
The structure shall not be enclosed. Railings that do not exceed
3.5 feet in height and which are of open architecture and not solid
in appearance are permitted;
(e)
The structure shall not interfere with existing or planned roads,
sidewalks, gas and electrical lines, sewers, drainage ways, and other
utilities or public improvements. The Zoning Administrator may require
written verification from appropriate agencies before issuing a zoning
permit;
(f)
No part of the structure shall extend into any required vision
clearance triangle.
(2) Single-story bay windows may be permitted in such a manner that they
project three feet or less into the front yard provided that such
windows do not occupy, in the aggregate, more than 1/3 of the front
wall of the building.
G. Principal buildings: rear yard exceptions.
[Added 9-22-2014; amended 5-22-2017; 8-28-2017]
(1) Permitted obstructions in a required rear yard:
(a)
Steps or stoops to provide access to a building, provided that
such steps or stoops are not more than three feet above ground level
and do not extend more than four feet into a required rear yard;
(b)
One-story bay windows projecting three feet or less into the
yard provided that such windows do not occupy, in the aggregate, more
than 1/3 of the rear wall of the building;
(c)
Uncovered decks and porches that are supported by piers or posts,
provided such structure does not extend into the rear yard by more
than 12 feet.
H. Replacement garage.
[Added 9-22-2014; amended 5-22-2017; 8-28-2017]
(1) Side and rear yard single-family residence garage replacement. A
detached garage located in a required side or rear yard may be replaced
within its existing setbacks provided that:
(a)
The garage is replaced within one year of demolition;
(b)
The current location, size and height of the existing or demolished
garage is verified by the Zoning Administrator;
(c)
The replacement garage does not exceed 24 feet in length or
width or 576 square feet in area;
(d)
The enlarged structure is not located closer to any lot line
with which there is a nonconforming setback;
(e)
The lot is nonconforming or 80 feet or less in width.
The R-2 Single-Family Residential District is intended to provide
for single-family development of a suburban community character at
densities not to exceed five dwellings per net acre.
A. R-2 permitted uses.
(2) Religious institutions (without school or day-care facilities).
(3) Accessory uses and buildings incidental to and on the same lot as
a principal use, including a private garage/carport and paved parking
areas customarily incident to the above uses but not involving the
conduct of a business.
[Amended 5-26-2015]
(4) Home occupations (in accordance with definition criteria).
(5) Publicly owned or operated park, playground or community building.
B. R-2 conditional uses.
(1) Educational institutions.
(2) Day-care facilities for nine or more children.
(3) Elderly housing as defined by federal guidelines.
(4) Residential planned unit developments.
[Added 9-8-2003]
(5) Public utility and service uses.
[Added 11-2-2006]
C. R-2 lot size requirements.
|
Table 2C: R-2 Lot Size Requirements
|
---|
|
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
---|
|
Permitted Uses
|
|
|
|
Single-family detached dwellings and home occupations
|
9,000
|
100
|
|
All other permitted uses
|
12,000
|
125
|
|
Conditional Uses
|
|
|
|
Educational institutions, elderly housing and day-care facilities
|
20,000
|
125
|
D. R-2 yard requirements.
|
Table 2D: R-2 Yard Requirements
|
---|
|
|
Front Yard
(feet)
|
Interior Side Yard
(feet)
|
Corner Side Yard
(feet)
|
Rear Yard
(feet)
|
---|
|
Permitted Uses
|
|
|
|
|
|
Single-family detached dwellings
|
25
|
10
|
25
|
25
|
|
All other permitted uses
|
30
|
15
|
40
|
40
|
|
Conditional Uses
|
|
|
|
|
|
Educational institutions, elderly housing and day-care facilities
|
40
|
15
|
40
|
40
|
|
Accessory Buildings
|
|
|
|
|
|
Single-family residence garages
|
25
|
10
|
25
|
10
|
|
All other buildings accessory to single-family dwelling
|
75
|
10
|
50
|
10
|
E. R-2 bulk limitations.
[Amended 5-22-2017; 8-28-2017]
(1) Height. No use in the R-2 District shall exceed an above-grade height
of 35 feet, except accessory buildings which shall not have side walls
greater than 10 feet and an overall height of 18 feet measured to
the top ridge.
(2) Area limitations. No use or combination of uses in the R-1 District,
including the principal building, accessory uses, and/or structures,
temporary structures, and off-street parking area, shall cover more
than 50% of the required lot area. No single accessory building shall
exceed 1,080 square feet in area.
F. Principal buildings: front yard exceptions.
[Added 5-22-2017; amended 8-28-2017]
(1) For purposes of entry to buildings, steps, stoops, decks or ramps
may be constructed in such a manner that they intrude into the required
front yard setback:
(a)
The height of such structure shall not exceed five feet above
ground level, not including railings;
(b)
The width of such structure shall not exceed 12 feet side to
side;
(c)
The structure shall extend no farther than 10 feet from the
front of the building to which it is attached or up to the front property
line, whichever is less;
(d)
The structure shall not be enclosed. Railings that do not exceed
3.5 feet in height and which are of open architecture and not solid
in appearance are permitted;
(e)
The structure shall not interfere with existing or planned roads,
sidewalks, gas and electrical lines, sewers, drainage ways, and other
utilities or public improvements. The Zoning Administrator may require
written verification from appropriate agencies before issuing a zoning
permit;
(f)
No part of the structure shall extend into any required vision
clearance triangle.
(2) Single-story bay windows may be permitted in such a manner that they
project three feet or less into the front yard provided that such
windows do not occupy, in the aggregate, more than 1/3 of the front
wall of the building.
G. Principal buildings: rear yard exceptions.
[Added 5-22-2017; amended 8-28-2017]
(1) Permitted obstructions in a required rear yard:
(a)
Steps or stoops to provide access to a building, provided that
such steps or stoops are not more than three feet above ground level
and do not extend more than four feet into a required rear yard;
(b)
One-story bay windows projecting three feet or less into the
yard provided that such windows do not occupy, in the aggregate, more
than 1/3 of the rear wall of the building;
(c)
Uncovered decks and porches that are supported by piers or posts,
provided such structure does not extend into the rear yard by more
than 12 feet.
H. Replacement garage.
[Added 5-22-2017; amended 8-28-2017]
(1) Side and rear yard single-family residence garage replacement. A
detached garage located in a required side or rear yard may be replaced
within its existing setbacks provided that:
(a)
The garage is replaced within one year of demolition;
(b)
The current location, size and height of the existing or demolished
garage is verified by the Zoning Administrator;
(c)
The replacement garage does not exceed 24 feet in length or
width or 576 square feet in area;
(d)
The enlarged structure is not located closer to any lot line
with which there is a nonconforming setback;
(e)
The lot is nonconforming or 80 feet or less in width.
The R-3 Single-Family Residential District is intended to provide
for single-family development of a suburban community character at
densities not to exceed four dwellings per net acre.
A. R-3 permitted uses.
(2) Religious institutions (without school or day-care facilities).
(3) Accessory uses and buildings incidental to and on the same lot as
a principal use, including a private garage/carport and paved parking
areas customarily incident to the above uses but not involving the
conduct of a business.
[Amended 5-26-2015]
(4) Home occupations (in accordance with definition criteria).
(5) Publicly owned or operated park, playground or community building.
B. R-3 conditional uses.
(1) Educational institutions.
(2) Day-care facilities for nine or more children.
(3) Elderly housing as defined by federal guidelines.
(4) Residential planned unit developments.
[Added 9-8-2003]
(5) Public utility and service uses.
[Added 11-2-2006]
C. R-3 lot size requirements.
|
Table 2E: R-3 Lot Size Requirements
|
---|
|
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
---|
|
Permitted Uses
|
|
|
|
Single-family detached dwellings and home occupations
|
12,000
|
100
|
|
All other permitted uses
|
15,000
|
125
|
|
Conditional Uses
|
|
|
|
Educational institutions, day-care facilities and elderly housing
|
20,000
|
125
|
D. R-3 yard requirements.
|
Table 2F: R-3 Yard Requirements
|
---|
|
|
Front Yard
(feet)
|
Interior Side Yard
(feet)
|
Corner Side Yard
(feet)
|
Rear Yard
(feet)
|
---|
|
Permitted Uses
|
|
|
|
|
|
Single-family detached dwellings and home occupations
|
25
|
10
|
25
|
25
|
|
All other permitted uses
|
40
|
15
|
40
|
40
|
|
Conditional Uses
|
|
|
|
|
|
Educational institutions, elderly housing and day-care facilities
|
40
|
15
|
40
|
40
|
|
Accessory Buildings
|
|
|
|
|
|
Single-family residence garages
|
25
|
10
|
25
|
10
|
|
All other buildings accessory to single-family dwelling
|
75
|
10
|
50
|
10
|
E. R-3 bulk limitations.
[Amended 5-22-2017; 8-28-2017]
(1) Height. No use in the R-3 District shall exceed an above-grade height
of 35 feet, except accessory buildings which shall not have side walls
greater than 10 feet and an overall height of 18 feet measured to
the top ridge.
(2) Area limitations. No use or combination of uses in the R-1 District,
including the principal building, accessory uses, and/or structures,
temporary structures, and off-street parking area, shall cover more
than 50% of the required lot area. No single accessory building shall
exceed 1,080 square feet in area.
F. Principal buildings: front yard exceptions.
[Added 5-22-2017; amended 8-28-2017]
(1) For purposes of entry to buildings, steps, stoops, decks or ramps
may be constructed in such a manner that they intrude into the required
front yard setback area provided that all of the following limitations
and conditions are satisfied:
(a)
The height of such structure shall not exceed five feet above
ground level, not including railings;
(b)
The width of such structure shall not exceed 12 feet side to
side;
(c)
The structure shall extend no farther than 10 feet from the
front of the building to which it is attached or up to the front property
line, whichever is less;
(d)
The structure shall not be enclosed. Railings that do not exceed
3.5 feet in height and which are of open architecture and not solid
in appearance are permitted;
(e)
The structure shall not interfere with existing or planned roads,
sidewalks, gas and electrical lines, sewers, drainage ways, and other
utilities or public improvements. The Zoning Administrator may require
written verification from appropriate agencies before issuing a zoning
permit;
(f)
No part of the structure shall extend into any required vision
clearance triangle.
(2) Single-story bay windows may be permitted in such a manner that they
project three feet or less into the front yard provided that such
windows do not occupy, in the aggregate, more than 1/3 of the front
wall of the building.
G. Principal buildings: rear yard exceptions.
[Added 5-22-2017; amended 8-28-2017]
(1) Permitted obstructions in a required rear yard:
(a)
Steps or stoops to provide access to a building, provided that
such steps or stoops are not more than three feet above ground level
and do not extend more than four feet into a required rear yard;
(b)
One-story bay windows projecting three feet or less into the
yard provided that such windows do not occupy, in the aggregate, more
than 1/3 of the rear wall of the building;
(c)
Uncovered decks and porches that are supported by piers or posts,
provided such structure does not extend into the rear yard by more
than 12 feet.
H. Replacement garage.
[Added 5-22-2017; amended 8-28-2017]
(1) Side and rear yard single-family residence garage replacement. A
detached garage located in a required side or rear yard may be replaced
within its existing setbacks provided that:
(a)
The garage is replaced within one year of demolition;
(b)
The current location, size and height of the existing or demolished
garage is verified by the Zoning Administrator;
(c)
The replacement garage does not exceed 24 feet in length or
width or 576 square feet in area;
(d)
The enlarged structure is not located closer to any lot line
with which there is a nonconforming setback;
(e)
The lot is nonconforming and 80 feet or less in width.
The R-4 Single-Family Residential District is intended to provide
for single-family development of a suburban community character at
densities not to exceed three dwellings per net acre.
A. R-4 permitted uses.
(2) Religious institutions (without school or day-care facilities).
(3) Accessory uses and buildings incidental to and on the same lot as
a principal use, including a private garage/carport and paved parking
areas customarily incident to the above uses but not involving the
conduct of a business.
[Amended 5-26-2015]
(4) Home occupations (in accordance with definition criteria).
(5) Publicly owned or operated park, playground or community building.
B. R-4 conditional uses.
(1) Educational institutions.
(2) Day-care facilities for nine or more children.
(3) Elderly housing as defined by federal guidelines.
(4) Residential planned unit developments.
[Added 9-8-2003]
(5) Public utility and service uses.
[Added 11-2-2006]
C. R-4 lot size requirements.
|
Table 2G: R-4 Lot Size Requirements
|
---|
|
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
---|
|
Permitted Uses
|
|
|
|
Single-family detached dwellings
|
15,000
|
100
|
|
All other permitted uses
|
18,000
|
125
|
|
Conditional Uses
|
|
|
|
Educational institutions, day-care facilities and elderly housing
|
20,000
|
125
|
D. R-4 yard requirements.
|
Table 2H: R-4 Yard Requirements
|
---|
|
|
Front Yard
(feet)
|
Interior Side Yard
(feet)
|
Corner Side Yard
(feet)
|
Rear Yard
(feet)
|
---|
|
Permitted Uses
|
|
|
|
|
|
Single-family detached dwellings
|
25
|
10
|
25
|
25
|
|
All other permitted uses
|
40
|
15
|
40
|
40
|
|
Conditional Uses
|
|
|
|
|
|
Educational and health institutions and day-care facilities
|
40
|
15
|
40
|
40
|
|
Accessory Buildings
|
|
|
|
|
|
Single-family residence garages
|
25
|
10
|
25
|
10
|
|
All other buildings accessory to single-family dwelling
|
75
|
10
|
50
|
10
|
E. R-4 bulk limitations.
[Amended 5-22-2017; 8-28-2017]
(1) Height. No use in the R-4 District shall exceed an above-grade height
of 35 feet, except accessory buildings which shall not have side walls
greater than 10 feet and an overall height of 18 feet measured to
the top ridge.
(2) Area limitations. No use or combination of uses in the R-1 District,
including the principal building, accessory uses, and/or structures,
temporary structures, and off-street parking area, shall cover more
than 50% of the required lot area. No single accessory building shall
exceed 1,080 square feet in area.
F. Principal buildings: front yard exceptions.
[Added 5-22-2017; amended 8-28-2017]
(1) For purposes of entry to buildings, steps, stoops, decks or ramps
may be constructed in such a manner that they intrude into the required
front yard setback area provided that all of the following limitations
and conditions are satisfied:
(a)
The height of such structure shall not exceed five feet above
ground level, not including railings;
(b)
The width of such structure shall not exceed 12 feet side to
side;
(c)
The structure shall extend no farther than 10 feet from the
front of the building to which it is attached or up to the front property
line, whichever is less;
(d)
The structure shall not be enclosed. Railings that do not exceed
3.5 feet in height and which are of open architecture and not solid
in appearance are permitted;
(e)
The structure shall not interfere with existing or planned roads,
sidewalks, gas and electrical lines, sewers, drainage ways, and other
utilities or public improvements. The Zoning Administrator may require
written verification from appropriate agencies before issuing a zoning
permit;
(f)
No part of the structure shall extend into any required vision
clearance triangle.
(2) Single-story bay windows may be permitted in such a manner that they
project three feet or less into the front yard provided that such
windows do not occupy, in the aggregate, more than 1/3 of the front
wall of the building.
G. Principal buildings: rear yard exceptions.
[Added 5-22-2017; amended 8-28-2017]
(1) Permitted obstructions in a required rear yard:
(a)
Steps or stoops to provide access to a building, provided that
such steps or stoops are not more than three feet above ground level
and do not extend more than four feet into a required rear yard;
(b)
One-story bay windows projecting three feet or less into the
yard provided that such windows do not occupy, in the aggregate, more
than 1/3 of the rear wall of the building;
(c)
Uncovered decks and porches that are supported by piers or posts,
provided such structure does not extend into the rear yard by more
than 12 feet.
H. Replacement garage.
[Added 5-22-2017; amended 8-28-2017]
(1) Side and rear yard single-family residence garage replacement. A
detached garage located in a required side or rear yard may be replaced
within its existing setbacks provided that:
(a)
The garage is replaced within one year of demolition;
(b)
The current location, size and height of the existing or demolished
garage is verified by the Zoning Administrator;
(c)
The replacement garage does not exceed 24 feet in length or
width or 576 square feet in area;
(d)
The enlarged structure is not located closer to any lot line
with which there is a nonconforming setback;
(e)
The lot is nonconforming or 80 feet or less in width.
The R-5 Two-Family Residential District is intended to provide
for two-family dwellings such as townhouse condominiums, flats or
apartment conversions in large older single-family dwellings.
A. R-5 permitted uses.
(3) Accessory uses and buildings incidental to and on the same lot as
a principal use, including a private garage/carport and paved parking
areas customarily incident to the above uses but not involving the
conduct of a business.
[Amended 5-26-2015]
(5) Publicly owned or operated park, playground or community building.
B. R-5 conditional uses.
(1) Educational institutions.
(2) Day-care facilities for nine of more children.
(4) Elderly housing as defined by federal guidelines.
(5) Residential planned unit developments.
[Added 9-8-2003]
(6) Public utility and service uses.
[Added 11-2-2006]
C. R-5 lot size requirements.
|
Table 2I: R-5 Lot Size Requirements
|
---|
|
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
---|
|
Permitted Uses
|
|
|
|
Single-family detached dwellings, two-family detached dwellings
and home occupations
|
9,000
|
75
|
|
Conditional Uses
|
|
|
|
Educational institutions, churches and other religious institutions,
day-care facilities and elderly housing
|
10,000
|
75
|
D. R-5 yard requirements.
|
Table 2J: R-5 Yard Requirements
|
---|
|
|
Front Yard
(feet)
|
Interior Side Yard
(feet)
|
Corner Side Yard
(feet)
|
Rear Yard
(feet)
|
---|
|
Permitted Uses
|
|
|
|
|
|
Single-family detached dwellings and two-family dwellings
|
25
|
10
|
25
|
25
|
|
Conditional Uses
|
|
|
|
|
|
Educational institutions, churches and other religious institutions,
day-care facilities and elderly housing
|
40
|
30
|
40
|
40
|
|
Accessory Buildings
|
|
|
|
|
|
Residence garages
|
25
|
10
|
25
|
10
|
|
All other buildings accessory to dwellings
|
75
|
10
|
50
|
10
|
E. R-5 bulk limitations.
[Amended 5-22-2017; 8-28-2017]
(1) Height. No use in the R-5 District shall exceed an above-grade height
of 35 feet, except accessory buildings which shall not have side walls
greater than 10 feet and an overall height of 18 feet measured to
the top ridge.
(2) Area limitations. No use or combination of uses in the R-1 District,
including the principal building, accessory uses, and/or structures,
temporary structures, and off-street parking area, shall cover more
than 50% of the required lot area. No single accessory building shall
exceed 1,080 square feet in area.
F. Replacement garage.
[Added 5-22-2017; amended 8-28-2017]
(1) Side and rear yard single-family residence garage replacement. A
detached garage located in a required side or rear yard may be replaced
within its existing setbacks provided that:
(a)
The garage is replaced within one year of demolition;
(b)
The current location, size and height of the existing or demolished
garage is verified by the Zoning Administrator;
(c)
The replacement garage does not exceed 24 feet in length or
width or 576 square feet in area;
(d)
The enlarged structure is not located closer to any lot line
with which there is a nonconforming setback;
(e)
The lot is nonconforming and 80 feet or less in width.
The R-6 Multi-Residential District is intended to provide multifamily
attached dwellings of an urban community character at densities not
to exceed eight units per acre and apartment conversions in existing
large single-family dwellings.
A. R-6 permitted uses.
(2) Multiple-family dwellings.
(3) Accessory uses and buildings incidental to and on the same lot as
a principal use, including a private garage, carport and paved parking
areas customarily incident to the above uses but not involving the
conduct of a business.
(5) Publicly owned or operated park, playground or community building.
B. R-6 conditional uses.
(1) Educational institutions.
(2) Day-care facilities for nine or more children.
(4) Boardinghouses and rooming houses.
(5) Residential planned developments.
(6) Elderly housing as defined by federal guidelines.
(7) Public utility and service uses.
[Added 11-2-2006]
C. R-6 lot size requirements.
|
Table 2K: R-6 Lot Requirements
|
---|
|
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
---|
|
Permitted Uses
|
|
|
|
Single-family detached dwellings, multiple-family dwellings
and home occupations
|
12,000
|
125
|
|
Conditional Uses
|
|
|
|
Educational institutions, day-care facilities, churches or other
religious institutions, boardinghouses and rooming houses, planned
developments and elderly housing
|
15,000
|
125
|
D. R-6 yard requirements.
|
Table 2L: R-6 Yard Requirements
|
---|
|
|
Front Yard
(feet)
|
Interior Side Yard
(feet)
|
Corner Side Yard
(feet)
|
Rear Yard
(feet)
|
---|
|
Permitted Uses
|
|
|
|
|
|
Single-family detached dwellings and multiple-family dwellings
|
25
|
10
|
25
|
25
|
|
All other permitted uses
|
40
|
15
|
40
|
40
|
|
Conditional Uses
|
|
|
|
|
|
Educational institutions, churches and other religious institutions,
day-care facilities, boardinghouses and rooming houses, planned developments
and elderly housing
|
40
|
15
|
40
|
40
|
|
Accessory Buildings
|
|
|
|
|
|
Residence garages
|
25
|
10
|
25
|
10
|
|
All other buildings accessory to dwellings
|
75
|
10
|
50
|
10
|
E. R-6 bulk limitations.
[Amended 5-22-2017; 8-28-2017]
(1) Height. No use in the R-6 District shall exceed an above-grade height
of 35 feet, except accessory buildings which shall not have side walls
greater than 10 feet and an overall height of 18 feet measured to
the top ridge.
(2) Area limitations. No use or combination of uses in the R-1 District,
including the principal building, accessory uses, and/or structures,
temporary structures, and off-street parking area, shall cover more
than 50% of the required lot area. No single accessory building shall
exceed 1,080 square feet in area.
F. Replacement garage.
[Added 5-22-2017; amended 8-28-2017]
(1) Side and rear yard single-family residence garage replacement. A
detached garage located in a required side or rear yard may be replaced
within its existing setbacks provided that:
(a)
The garage is replaced within one year of demolition;
(b)
The current location, size and height of the existing or demolished
garage is verified by the Zoning Administrator;
(c)
The replacement garage does not exceed 24 feet in length or
width or 576 square feet in area;
(d)
The enlarged structure is not located closer to any lot line
with which there is a nonconforming setback;
(e)
The lot is nonconforming or 80 feet or less in width.
The R-R Rural Residential District is intended to provide for
single-family development of a rural community character at densities
not to exceed one dwelling unit per net acre.
A. R-R permitted uses.
(3) Religious institutions (without school or day-care facilities).
(4) Accessory uses and buildings incidental to and on the same lot as
a principal use.
(5) Home occupations (in accordance with definition criteria).
(6) Publicly owned or operated park, playground or community building.
B. R-R conditional uses.
(1) Residential planned developments.
(2) Elderly housing as defined by federal guidelines.
(3) Day-care facilities for nine or more children.
(4) Educational institutions.
(5) Public utility and service uses.
[Added 11-2-2006]
C. R-R lot size requirements.
|
Table 2M: R-R Lot Requirements
|
---|
|
|
Minimum Lot Area
|
Minimum Lot Width
(feet)
|
---|
|
Permitted Uses
|
|
|
|
Planned development, single-family detached dwellings and home
occupations
|
1 acre (43,560 square feet)
|
125
|
|
All other permitted uses
|
60,000 square feet
|
125
|
|
Conditional Uses
|
|
|
|
Elderly housing, day-care facilities and educational institutions
|
60,000 square feet
|
125
|
|
Planned development
|
|
|
D. R-R yard requirements.
|
Table 2N: R-R Yard Requirements
|
---|
|
|
Front Yard
(feet)
|
Interior Side Yard
(feet)
|
Corner Side Yard
(feet)
|
Rear Yard
(feet)
|
---|
|
Permitted Uses
|
|
|
|
|
|
Single-family detached dwelling, parsonages and parish houses
|
25
|
10
|
25
|
25
|
|
All other permitted uses
|
40
|
15
|
40
|
40
|
|
Conditional Uses
|
|
|
|
|
|
Educational institutions, day-care facilities and elderly housing
|
40
|
15
|
40
|
40
|
|
Planned development
|
|
|
|
|
|
Accessory Buildings
|
|
|
|
|
|
Single-family residence garages
|
25
|
10
|
25
|
10
|
|
All other buildings accessory to single-family dwelling
|
75
|
10
|
50
|
10
|
E. R-R bulk limitations.
[Amended 5-22-2017; 8-28-2017]
(1) Height. No use in the R-R District shall exceed an above-grade height
of 35 feet, except accessory buildings which shall not have side walls
greater than 10 feet and an overall height of 18 feet measured to
the top ridge.
(2) Area limitations. No use or combination of uses in the R-R District,
including the principal building, accessory uses, and/or structures,
temporary structures, and off-street parking area, shall cover more
than 50% of the required lot area. No single accessory building shall
exceed 1,200 square feet in area.
F. Replacement garage.
[Added 5-22-2017; amended 8-28-2017]
(1) Side and rear yard single-family residence garage replacement. A
detached garage located in a required side or rear yard may be replaced
within its existing setbacks provided that:
(a)
The garage is replaced within one year of demolition;
(b)
The current location, size and height of the existing or demolished
garage is verified by the Zoning Administrator;
(c)
The replacement garage does not exceed 24 feet in length or
width or 576 square feet in area;
(d)
The enlarged structure is not located closer to any lot line
with which there is a nonconforming setback;
(e)
The lot is nonconforming and 80 feet or less in width.
The C-1 Neighborhood Commercial District is intended to provide
for the orderly and attractive grouping at appropriate locations of
retail commercial activities and office facilities.
A. C-1 permitted uses.
(2) Community customer service establishments, such as, but not limited
to, the following:
(a)
Business, professional, public service, and banking.
(b)
Private clubs and lodges.
(3) All business establishments shall be retail or service establishments
dealing directly with consumers.
(4) All business, servicing, storage, or processing shall be conducted
completely within enclosed buildings, except for off-street parking
or loading areas.
(5) Rental apartments providing a minimum residential floor area of 400
square feet may have a secondary use on a non-ground-floor level.
(6) Accessory building or uses, including a private garage, carport and
paved parking area customarily incident to the above uses but not
involving the conduct of a business.
B. C-1 conditional uses. All business retail or service establishments
such as:
(1) Appliance and small machinery repair establishments.
(2) Restaurants, taverns, theaters, bowling alleys and other indoor and
commercial entertainment facilities.
(3) Laundromats, coin-operated dry-cleaning establishments and laundry
or dry cleaning pickup stations.
(4) Other uses similar to or customarily incident to any of the above
uses.
(5) Residential or commercial planned unit developments.
[Added 9-8-2003]
(6) Public utility and service uses.
[Added 11-2-2006]
C. C-1 lot requirement: 5,000 square feet minimum.
D. C-1 yard requirements.
(1) Front yard. There shall be a front yard having a minimum of a twenty-five-foot
setback to buildings and a fifteen-foot setback to parking lots. A
fifteen-foot setback adjacent to the right-of-way shall be landscaped,
except for the ingress/egress areas.
(2) Side yard. An interior side yard of 15 feet shall be required. When
such a lot abuts a residential district, a twenty-five-foot-wide side
yard and eight-foot-high solid fence are required with a fifteen-foot
landscaped buffer toward the adjoining property. Accessory uses must
be located no closer than 15 feet to the lot line.
(3) Rear yard. There shall be a rear yard having a minimum of 25 feet.
When such a lot abuts a residential district, an eight-foot-high solid
fence is required.
E. C-1 bulk limitation.
(1) Height. Buildings hereafter erected or structurally altered shall
not exceed 35 feet in height.
(2) Landscape area. Ten percent minimum of the site shall be landscaped.
(3) Site coverage limitation. Structures and paving shall not cover more
than 90% of the lot area.
The C-2 Commercial District is intended to permit both large-
and small-scale commercial developments at intensities which provide
significant incentives for infill development and the continued economic
viability of existing development. To accomplish this, maximum permitted
floor area ratios (FARs) are high, minimum required green spaces are
low, and buffers are confined to street frontages and side yards adjacent
to noncompatible uses. The commercial development shall be designed
and sized in a manner which is architecturally, aesthetically and
operationally harmonious with surrounding development. Building height
is limited to 35 feet. A wide range of retail and service businesses
and lodging land uses dealing directly with consumers are permitted
within this district. Access for any use in this district should be
by service road or directly onto a local arterial or collector street.
A. C-2 permitted uses.
(1) Indoor sales and service.
(4) Laundromats, coin-operated dry cleaning and laundry or dry cleaning
pickup stations.
(7) Community customer service establishments, such as, but not limited
to, the following:
(a)
Business, professional, public service and banking.
(b)
Private clubs and lodges.
(9) Medical and dental laboratories.
(11)
Music, dance, business, commercial or trade schools.
(12)
Floral shops and greenhouses.
(14)
Accessory buildings or uses, including a private garage, carport
and paved parking areas customarily incident to the above uses but
not including the conduct of a business.
(15)
All business establishments shall be retail or service establishments
dealing directly with consumers.
(16)
All business, servicing, storage, or processing shall be conducted
completely within enclosed buildings, except for off-street parking
or loading areas.
B. C-2 conditional uses. All retail business or service establishments
dealing directly with consumers that require outdoor display or storage,
such as:
(2) Drive-in or drive-through establishments.
(3) Automobile service and repair.
(4) Consumer product distribution facilities, but not general warehousing.
(6) Other uses similar to or customarily incident to any of the above
uses.
(7) Residential or commercial planned unit developments.
[Added 9-8-2003]
(8) Public utility and service uses.
[Added 11-2-2006]
(9) Manufacture, fabrication, packing, packaging, assembly, and/or storage
of products in connection with any of the permitted or conditional
uses within the C-2 Commercial District, when clearly incidental to
the conduct of the particular retail business on the same premises.
[Added 5-14-2018]
C. C-2 lot requirements.
(1) Frontage: a minimum of 100 feet on a public street right-of-way.
(2) Lot area: 7,800 square feet minimum.
D. C-2 yard requirements.
(1) Front yard. There shall be a front yard having a minimum of a twenty-five-foot
setback to buildings and a fifteen-foot setback to parking lots. A
fifteen-foot setback adjacent to the right-of-way shall be landscaped,
except for the ingress/egress areas.
(2) Side yard. An interior side yard of 15 feet shall be required. When
such a lot abuts a residential district, a twenty-five-foot-wide side
yard and eight-foot-high solid fence are required with a fifteen-foot
landscaped buffer toward the adjoining property. Accessory uses must
be located no closer than 15 feet to the lot line.
(3) Rear yard. There shall be a rear yard having a minimum of 25 feet.
When such a lot abuts a residential district, an eight-foot-high solid
fence is required.
E. C-2 bulk limitation.
(1) Height. Buildings hereafter erected or structurally altered shall
not exceed 35 feet in height.
(2) Landscape area. Ten percent minimum of the site shall be landscaped.
(3) Site coverage limitation. Structures and paving shall not cover more
than 90% of the lot area.
[Added 5-13-2019]
The C-2U Commercial District is intended to facilitate the development
of undeveloped or underdeveloped parcels within the Village that have
been restricted by previous zoning requirements. To accomplish this,
setbacks and landscaping requirements are relaxed.
A. C-2U permitted uses.
(1)
Indoor sales and service.
(3)
Laundromats, coin-operated dry-cleaning and laundry or dry-cleaning
pickup stations.
(5)
Community customer service establishments, such as, but not
limited to, the following:
(a)
Business, professional, public service, and banking.
(b)
Private clubs and lodges.
(6)
Medical and dental laboratories.
(7)
Music, dance, business, commercial, or trade schools.
(8)
Floral shops and greenhouses.
(10)
Accessory buildings or uses, including a private garage, carport
and paved parking areas customarily incident to the above uses but
not including the conduct of a business.
(11)
All business establishments shall be retail or service establishments
dealing directly with consumers.
(12)
All business, servicing, storage, or processing shall be conducted
completely within enclosed buildings, except for off-street parking
or loading areas.
B. C-2U conditional uses. All retail business or service establishments
dealing directly with consumers that require outdoor display or storage,
such as:
[Amended 11-15-2021; 3-14-2022; 4-11-2022]
(2)
Drive-in or drive-through establishments.
(3)
Automobile service and repair.
(4)
Consumer product distribution facilities, but not general warehousing.
(6)
Residential or commercial planned unit developments.
(7)
Public utility and service uses.
(9)
Manufacture, fabrication, packing, packaging, assembly, and/or
storage of products in connection with any of the permitted or conditional
uses within the C-2U Commercial District, when clearly incidental
to the conduct of the particular retail business on the same premises.
(10) Other uses similar to or customarily incident to any of the above
uses.
C. C-2U lot requirements.
(1)
Frontage: a minimum of 50 feet on a public street right-of-way.
(2)
Lot area: 6,500 square feet minimum.
D. C-2U yard requirements.
(1)
Front yard. There shall be a front yard having a minimum of
a five-foot setback to buildings and a ten-foot setback to parking
lots. Areas adjacent to the right-of-way shall be landscaped, except
for the ingress/egress areas.
(2)
Side yard. An interior side yard of five feet shall be required.
When such a lot abuts a residential district, an eight-foot-high solid
fence is required.
(3)
Rear yard. There shall be a rear yard having a minimum of two
feet. When such a lot abuts a residential district, an eight-foot-high
solid fence is required.
E. C-2U bulk limitation.
(1)
Height. Buildings hereafter erected or structurally altered
shall not exceed 45 feet in height.
(2)
Landscape area. 10% minimum of the site shall be landscaped.
(3)
Site coverage limitation. Structures and paving shall not cover
more than 90% of the lot area.
F. C-2U parking requirement exceptions. Subject to other setback and
yard requirements of the district, parking stalls or driveways may
be closer than 20 feet to a residential district lot line or a street
right-of-way opposite a residential district.
G. C-2U parking lot landscaping exceptions.
(1)
Off-street parking lots with more than 10 stalls shall provide for the specifications in Village Code §
590-92 to the maximum extent practicable, except for parking lot islands shall not be required.
(a)
A written statement explaining the departures from Village Code §
590-92, if any, shall be submitted with the site plan under Village Code §
590-119.
H. C-2U other requirements.
(1)
The provisions of Village Code §
590-112 shall apply.
(2)
The provisions of Village Code §
590-179 shall apply.
The C-3 Business and Office District is intended to permit moderate-scaled
commercial development of offices and low-traffic-volume services
in a suburban landscaped setting. To accomplish this, maximum permitted
first floor area ratios (FARs) are low and maximum required green
spaces are high. Building heights will be allowed to 70 feet. Landscaped
buffers are required on street frontages and side yards. Parking is
to be mostly in the side yard and backyard.
A. C-3 permitted uses.
(1) Business and professional offices.
B. C-3 conditional uses.
(2) Educational institutions.
(6) Residential or commercial planned unit developments.
[Added 9-8-2003]
(7) Public utility and service uses.
[Added 11-2-2006]
(8) A dispensary, processing location, product store, and/or paraphernalia
store featuring or containing the Cannabis sativa plant, including
marijuana (tetrahydrocannabinol) and/or hemp (cannabidiol).
[Added 4-8-2019]
(9) Adult-oriented and/or erotic-themed entertainment venue and/or product
store.
[Added 4-8-2019]
(10) Parking lots servicing an adjoining property.
[Added 10-11-2021]
C. C-3 lot requirements.
(1) Lot area: one acre minimum.
D. C-3 yard requirements.
(1) Front yard. There shall be a front yard having a minimum of a seventy-five-foot
setback to buildings and a twenty-five-foot setback to parking lots.
Seventy percent of the front yard between the right-of-way and the
building shall be landscaped except for ingress and egress areas.
(2) Side yard. An interior landscaped side yard of 20 feet minimum shall
be required. In addition to landscaping when such a lot abuts a residential
district, an eight-foot-high solid fence is required.
(3) Rear yard. There shall be a rear yard having a minimum of 25 feet.
When such a lot abuts a residential district, a eight-foot-high solid
fence is also required.
E. C-3 bulk limitation.
(1) Height. Buildings erected shall not exceed 70 feet in height.
(2) Landscape area. Thirty percent minimum of the site shall be landscaped.
(3) Site coverage limitation. Structures and paving shall not cover more
than 70% of the lot area.
F. C-3 exterior building materials. Exterior building facades shall
be clad with a substantial building material such as brick or stone
and shall be architecturally compatible with the surrounding development.
Colors shall be unobtrusive and harmonious with the surrounding development
and should generally be earth-tone colors.
The I-1 Light Industrial District is intended to permit both
large- and small-scale industrial and office development at an intensity
which is consistent with existing transition and urban intensity development.
The industrial uses shall have relatively high maximum floor area
ratio (FAR) and areas with landscaping. The primary distinguishing
feature of this district is that it is geared for indoor industrial
activities which are not typically associated with high levels of
noise, soot, odors and other potential nuisances for adjoining properties.
In order to ensure a minimum of disruption to residential development,
no development within this district shall have direct access to a
local residential street or a residential collector street.
A. I-1 permitted uses. I-1 District uses are those which are protected
from potential nuisances associated with many of the permitted uses
within the I-2 Heavy Industrial District. The following manufacturing
uses, and other similar uses, are permitted in the I-1 District:
|
Accessory uses incidental to and located on the same lot as
the principal use
|
|
Boot and shoe manufacturing
|
|
Bottling companies
|
|
Business machines, etc.
|
|
Cabinetry
|
|
Carpet manufacturing
|
|
Cartage and express trucking facilities
|
|
Cloth products/clothing manufacturing
|
|
Cosmetics production
|
|
Dairy product bottling
|
|
Electronic and scientific precision instruments
|
|
Electroplating
|
|
Feed and seed sales
|
|
Fuel sales
|
|
Ice sales and storage
|
|
Glass product manufacturing
|
|
Health institutions
|
|
Insulating materials manufacturing
|
|
Light machinery production - appliances
|
|
Lithographing
|
|
Musical instruments manufacturing
|
|
Office
|
|
Orthopedic and medical appliance manufacturing
|
|
Petroleum products storage
|
|
Pottery and ceramics manufacturing
|
|
Printing and publishing
|
|
Public utility and service uses
|
|
Radio and television stations and towers
|
|
Research and development
|
|
Sporting goods manufacturing
|
|
Temporary buildings for construction purposes, for a period
not to exceed the duration of such construction
|
|
Trade schools
|
|
Transportation terminal
|
|
Warehousing
|
|
Manufacturing and service of commercial liquid waste and agricultural
equipment such as septic tankers, portable sanitation service trucks,
slide-in units and other equipment necessary to the same. [Added 9-12-2016]
|
B. I-1 restricted uses in the I-1 District.
(1) Dwelling units. Dwelling units and lodging rooms are not permitted.
(2) Uses and activities within 500 feet of a residential district. All
business servicing, production, processing, or storage within 500
feet of a residential district (except motor vehicles in operable
condition) shall be completely enclosed within buildings or effectively
screened by a solid wall or fence (including solid entrance and exit
gates) eight feet in height.
C. I-1 conditional uses.
(2) Fertilizer manufacturing.
(3) Amusement establishments.
(4) Other manufacturing processes or storage uses determined by the Planning
and Zoning Commission to be of the same general character as the uses
permitted above.
(5) Any uses permitted in the C-1 Neighborhood Commercial, C-2 Commercial
or the C-3 Business and Office District.
[Added 11-12-2001]
(6) Commercial or residential planned unit developments located within
685 feet of a nonindustrial district.
[Added 3-25-2003]
(7) Temporary structures. Furthermore, such conditional use permit shall contain conditions including but not limited to the following: use is limited to exterior storage only; aesthetically acceptable appearance (generally, out of site from areas viewable by the general public); state-approved plans regarding snow load, wind, and sprinklers; consideration of lighting requirements; notification to the Village Assessor for taxation evaluation; a determination that the permitted structure is in violation of Village Code Ch.
437 results in a voided permit; an initial term comprised of one year less than the remaining life of an applicable warranty; each temporary structure requires an individual conditional use permit.
[Added 7-9-2018]
D. I-1 lot size requirements.
(1) Frontage: a minimum of 150 feet on a public street right-of-way.
(2) Lot area. In the I-1 District there shall be provided not less than
10,000 square feet of lot area.
E. I-1. yard requirements.
(1) Front yard. There shall be a front yard having a minimum depth of
25 feet.
(2) Side yard. There shall be a minimum interior side yard of 25 feet.
(3) Corner side yard. There shall be a corner side yard of not less than
25 feet in each instance where the side property line is adjacent
to a public street.
(4) Rear yard. There shall be a rear yard having a minimum depth of 25
feet.
F. I-1 transitional yards.
(1) Where a side lot line coincides with a side or rear lot line in an
adjacent residential, commercial, or business district, a yard shall
be provided along such lot line. Such yard shall be equal in dimensions
to the minimum side yard which would be required under this chapter
for the adjacent district, including a fifteen-foot landscaped buffer
toward the adjoining property.
(2) Where a rear lot line coincides with a side lot line in an adjacent
residential, commercial, or business district, a yard shall be provided
along such rear lot line in an adjacent residential, commercial, or
business district. Such yard shall be equal in dimensions to the minimum
side yard which would be required under this chapter for the adjacent
district, with a fifteen-foot landscaped buffer toward the adjoining
property.
(3) No building or structure in the I-1 District shall be located within
100 feet of a residential district boundary line, unless such building
or structure is effectively screened from such residential district
by a wall or fence not less than eight feet in height or a densely
planted compact hedge not less than eight feet in height.
G. I-1 bulk limitation.
(1) Height. Buildings and accessory structures shall not exceed 60 feet
in height.
(2) Area limitation. All buildings, including the principal buildings,
accessory uses, driveways and off-street parking and loading areas,
shall cover not more than 90% of the lot area.
The I-2 Heavy Industrial District is intended to permit both
large- and small-scale industrial manufacturing. The primary distinguishing
feature of this district is that it is geared for industrial activities
which are typically associated with high levels of noise, soot, odors
and other potential nuisances for adjoining properties. In order to
ensure a minimum of disruption to residential development, no development
within this district shall have direct access to a local residential
street or a residential collector street.
A. I-2 permitted uses.
(2) Paper manufacturing companies.
(6) Other similar manufacturing processes or storage uses determined
by the Planning and Zoning Commission to be of the same general character
as the used permitted above.
(7) Public utility and service uses.
[Added 11-2-2006]
B. I-2 restricted uses in the I-2 District.
(1) Dwelling units. Dwelling units and lodging rooms are not permitted.
(2) Uses and activities within 500 feet of a residential district. All
business servicing, production, processing, or storage within 500
feet of a residential district (except motor vehicles in operable
condition) shall be completely enclosed within buildings or effectively
screened by a solid wall or fence (including solid entrance and exit
gates) not less than eight feet.
C. I-2 conditional uses.
(1) Amusement establishments.
(2) Garbage, recycling, and rubbish processing.
(4) Other manufacturing processes or storage uses determined by the Planning
and Zoning Commission.
(5) Any uses permitted in the C-1 Neighborhood Commercial, C-2 Commercial
or the C-3 Business and Office District.
[Added 11-12-2001]
(6) Commercial or residential planned unit developments located within
685 feet of a nonindustrial district.
[Added 3-25-2003]
(7) Industrial planned unit development.
[Added 5-3-2007]
(8) Temporary structures. Furthermore, such conditional use permit shall contain conditions including but not limited to the following: use is limited to exterior storage only; aesthetically acceptable appearance (generally, out of site from areas viewable by the general public); state-approved plans regarding snow load, wind, and sprinklers; consideration of lighting requirements; notification to the Village Assessor for taxation evaluation; a determination that the permitted structure is in violation of Village Code Ch.
437 results in a voided permit; an initial term comprised of one year less than the remaining life of an applicable warranty; each temporary structure requires an individual conditional use permit.
[Added 7-9-2018]
D. I-2 lot size requirements.
(1) Frontage: a minimum of 150 feet on a public street right-of-way.
(2) Lot area. In the I-2 District there shall be provided not less than
10,000 square feet of lot area.
E. I-2 yard requirements.
(1) Front yard. There shall be a front yard having a minimum depth of
25 feet.
(2) Side yard. There shall be a minimum interior side yard of 25 feet.
(3) Corner side yard. There shall be a corner side yard of not less than
25 feet in each instance where the side property line is adjacent
to a public street.
(4) Rear yard. There shall be a rear yard having a minimum depth of 25
feet.
F. Transitional yards.
(1) Where a side lot line coincides with a side or rear lot line in an
adjacent residential, commercial, or business district, a yard shall
be provided along such lot line. Such yard shall be equal in dimensions
to the minimum side yard which would be required under this chapter
for the adjacent district, which includes a fifteen-foot landscaped
buffer toward the adjoining property.
(2) Where a rear lot line coincides with a side lot line in an adjacent
residential, commercial or business district, a yard shall be provided
along such rear lot line. Such yard shall be equal in dimensions to
the minimum side yard which would be required under this chapter for
the adjacent district, which includes a fifteen-foot landscaped buffer
toward the adjoining property.
(3) No building or structure in the I-2 District shall be located within
100 feet of a residential district boundary line, unless such building
or structure is effectively screened from such residential district
by a wall or fence not less than eight feet in height or a densely
planted compact hedge not less than eight feet in height.
G. I-2 bulk limitation.
(1) Height. Buildings and accessory structures shall not exceed 65 feet
in height.
H. I-2 area limitation. All buildings, including the principal buildings,
accessory uses, driveways and off-street parking areas, shall cover
not more than 90% of the lot area.
The G/I Government/Institutional District is intended to identify
those areas where specifically defined public or institutional uses
may be permitted. Such uses may be subject to regulatory standards
as necessary to ensure compatibility with surrounding areas.
A. G/I permitted uses.
(1) Public or private schools, colleges and universities.
(2) Churches, temples and other places of worship.
(4) Public administrative offices and public service buildings, including
fire and police stations.
(7) Any other municipal use permitted by the laws of the State of Wisconsin.
B. G/I conditional uses.
(2) Public utility installations.
(3) Hospitals and elderly care centers.
(4) Any similar park and related uses.
(5) Public utility and service uses.
[Added 11-2-2006]
C. G/I lot size requirements. Minimum lot area shall be 1,500 square
feet with a minimum width of 100 feet.
D. G/I yard requirements.
(1) Side yards. No single side yard shall be less than 15 feet in either
side on single lots of 100 feet in width or over.
(2) Front yard. There shall be a minimum setback of 25 feet.
(3) Rear yard. There shall be a minimum setback of 25 feet.
E. G/I bulk limitations.
(1) Height. Buildings hereafter erected or structurally altered shall
not exceed 35 feet in height. Accessory buildings shall not exceed
18 feet.
The P-1 Parkland and Conservancy District is intended to identify
those areas where development is prohibited due to groundwater, the
presence of significant wildlife habitat, natural vegetation, archaeological
site, geologic feature or historical site and is intended to provide
for areas where the recreational needs of the populace can be met
without undue disturbance of natural resources and adjacent uses.
No building or premises shall be used and no building shall hereafter
be erected or structurally altered unless otherwise provided in this
chapter, except for one or more of the following uses.
A. P-1 permitted uses.
(1) Park and recreational uses such as fishing, hiking or biking.
(3) Wood stands, natural and controlled.
(4) Conservation and environmental practices.
(6) Botanical gardens and arboretums.
(7) Historic and monument sites.
(8) Outdoor ice-skating and hockey rinks.
(10)
Play fields or athletic fields.
(14)
Skiing and tobogganing slopes.
(17)
Any structure necessary for the operation or use of a permitted
use.
(19)
Park and Village related uses.
(20)
Any similar park and related uses.
B. P-1 conditional uses.
(7) All-terrain vehicle trails.
(9) Public utility and service uses.
[Added 11-2-2006]
C. P-1 prohibited uses.
(2) Any other use not otherwise permitted by this section.
D. P-1 height and area. Lots in the Parkland and Conservancy District
shall provide sufficient area for any principal structure or accessory
structures as well as necessary off-street parking and loading areas.
E. P-1 building height and size. No building or parts of a building
shall exceed 35 feet in height.
F. P-1 setback and yards. No building or structure shall be erected,
altered, or moved closer than 40 feet to the right-of-way.
G. P-1 minimum utility service. Electricity, wastewater treatment and
disposal facilities, and water supply system shall be installed as
required by the Wisconsin Administrative Code, Wisconsin Department
of Natural Resources and/or the Marathon County Health Department.
H. P-1 special regulations.
(1) To encourage a park use environment that is compatible with the adjacent
land use, permits shall not be issued without prior review and approval
of plans by the Planning and Zoning Commission.
(2) Said review and approval shall be concerned with adjacent uses, general
layout, building site and operation plans, building materials, need
for public wastewater treatment and water supply facilities, ingress,
egress, parking, loading and unloading, and screening and landscape
plans.
A. Residential or commercial planned unit developments may be permitted
in appropriate districts as a conditional use after review and recommendation
of the Planning and Zoning Commission and approval by the Village
Board.
(1) Waive district standards. The district standards and requirements
may be modified by the Village Board, upon recommendation of the Planning
and Zoning Commission, in the case of a plan and program for a planned
unit development which, in the judgment of the Village, provides adequate
public spaces and improvements for circulation, recreation, light,
air and service needs of the tract when fully developed and populated
and which also assures conformity with the purpose of the zoning regulations
of the Village of Rothschild.
(2) Planned unit development approval process. The PUD shall be a conditional
use and will follow the conditional use application and approval process. The application should include, at a minimum:
(a)
Conditional use application.
(d)
Conditional use description.
(3) Standards. The following regulations shall apply:
(a)
Spacing and orientation of building groups. Exterior walls of
neighboring buildings in some cases may be permitted to be attached.
Where opposite walls do not touch, their distances must permit adequate
space for light and air and not create awkward circulation patterns
or compromise the health, safety and welfare of the occupants.
(b)
Emergency access. A building group shall not be so arranged
that any permanently or temporarily occupied building is inaccessible
to emergency vehicles.
(c)
Circulation. There shall be an adequate, safe and convenient
arrangement of pedestrian circulation facilities, roadways, driveways,
and off-street parking and loading space. There shall be an adequate
amount, in a suitable location, of pedestrian walks, malls and landscaped
spaces to prevent pedestrian use of vehicular ways and parking spaces
and to separate pedestrian walks, malls and public transportation
loading places from general vehicular circulation facilities.
(d)
Density. In residential districts density shall be evaluated
by the Planning and Zoning Commission. Individual site characteristics,
district standards, and adjoining properties shall be evaluated to
assure appropriate densities on each PUD site. In no case shall the
density exceed the maximum allowed by the district.
(e)
Yard requirements. A minimum site of five acres shall be required
for a planned unit development (PUD). Side yards and setbacks along
the periphery of a PUD shall be provided as required by this chapter
for the district in which the PUD is located.
B. See Appendix H for the PUD Neighborhood Master Plan existing at the
time of the writing of this chapter.
C. Noncommercial/residential planned unit development. When special
or unique circumstances make a planned unit development appropriate
and the particular zone permits planned unit developments, a planned
unit development may be permitted for other than residential or commercial
development. The same procedure used for commercial and/or residential
planned development applications and approval shall be used.
[Added 5-3-2007]
Refer to Chapter
572, Floodplain Zoning, of this Code.
[Amended 10-10-2016]
A. Purpose, authority and application.
(1) Purpose. The residents of the Village depend exclusively on groundwater
for a safe drinking water supply. Certain land use practices and activities
can seriously threaten or degrade groundwater quality. The purpose
of this section is to establish a groundwater protection overlay district
to institute land use regulations and restrictions within a defined
area which contributes water directly to the municipal water supply
providing protection for the aquifer and municipal water supply of
the Village and promoting the public health, safety and general welfare
of Village residents. Wellhead protection areas are derived from hydrologic
studies and are based on the area surrounding a well where groundwater
takes five-years or less to travel from the land's surface to the
pumping well.
(2) Authority. This section is adopted pursuant to the authority of §§ 61.35
and 62.23, Wis. Stats.
(3) Application. The "Village of Rothschild Wellhead Protection Plan
Wells #3, #4, #5 & #6 September 2016," prepared for the Rothschild
Water Utility by Andrew Aslesen, Sourcewater Specialist, Wisconsin
Rural Water Association Sourcewater Protection Program, is hereby
adopted by reference and as from time to time amended as if fully
set forth herein. The regulations specified in this Wellhead Protection
Ordinance shall apply within the area surrounding each municipal water
supply well that has been designated as a "wellhead protection area"
by the Village's wellhead protection plan and as shown on maps in
Figures 7, 8 and 9 therein and are in addition to the requirements
in the underlying zoning district, if any. If there is a conflict
between this section and any other land use regulation, the more restrictive
provision shall apply.
B. Definitions.
AQUIFER
A saturated, permeable, geologic formation that contains,
and will yield, significant quantities of water.
EXISTING FACILITIES
Current facilities, practices and activities which may cause
or threaten to cause environmental pollution within the Village's
wellhead protection areas. Existing facilities include but are not
limited to the types cited in Ch. NR 809, Wis. Adm. Code (and listed
in the Department of Natural Resources form 3300-215, the "Public
Water Supply Potential Contaminant Use Inventory Form"), which is
incorporated into this section by reference and as from time to time
amended as if fully set forth herein.
GROUNDWATER PROTECTION OVERLAY DISTRICT
That area of land which contributes water to a municipal well based on accepted hydrogeological research, outlined and described as a wellhead protection area by the Village's wellhead protection plan adopted by reference in Subsection
A(3) above.
HAZARDOUS CHEMICALS
Chemicals and chemical mixtures that are required to have
a Safety Data Sheet and meet the definition of "hazardous chemical"
under the Occupational Safety and Health Administration (OSHA) regulations
found at 29 CFR 1910.1200(c). Substances packaged for consumption
for humans or animals are not considered hazardous chemicals. Hazardous
chemicals include:
(1)
Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, irritants, corrosive's, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as described in 29 CFR 1910.1200,
Appendix A.
(2)
Mixtures of chemicals which have been tested as a whole and
have been determined to be a health hazard.
(3)
Mixtures of chemicals which have not been tested as a whole
but which contain any chemical which has been determined to be a health
hazard and comprises 1.0% or greater of the composition on a weight-per-unit
weight basis.
(4)
Mixtures of chemicals which include a carcinogen if the concentration
of the carcinogen in the mixture is 0.1% or greater of the composition
on a weight-per-unit weight basis.
(5)
Ingredients of mixtures prepared within the Groundwater Protection
Overlay District in cases where such ingredients are health hazards
but comprise more than 0.1% of the mixture on a weight-per-unit weight
basis if carcinogenic or more than 1.0% of the mixture on a weight-per-unit
weight basis if noncarcinogenic.
(6)
Petroleum and nonsolid petroleum derivatives (except non-PCB
dielectric fluids used in equipment or for transmission of electric
power to homes and businesses).
RECHARGE AREA
The land area which contributes water to a well by infiltration
of water into the subsurface and movement with groundwater toward
the well.
WELL FIELD
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply a municipal water system.
C. Groundwater Protection Overlay Districts. The locations and boundaries of the districts established by this section are outlined and described as the "wellhead protection areas" by the Village's wellhead protection plan adopted by reference in Subsection
A(3) above.
(1) Permitted uses. Only the following uses are permitted in the Groundwater Protection Overlay Districts and such as they are further subject to the prohibited characteristics set forth in Subsection
C(3) and the separation distances set forth in Subsection
D:
(a)
Parks, provided there is no on-site waste disposal or fuel storage
tank facilities associated with this use.
(d)
Nonmotorized trails, such as bike, skiing, nature and fitness
trails.
(e)
Residential, commercial and industrial establishments that are
municipally sewered and whose total aggregate of hazardous chemicals
in use, storage, handling and/or production does not exceed 20 gallons
or 160 pounds at any one time.
(f)
Routine tillage, planting, and field management operations in
support of agricultural crop production, where nutrients from legume,
manure, and commercial sources are accounted for and credited toward
crop nutrient need. The combination of all nutrient sources applied
or available on individual fields shall not exceed levels recommended
in Nutrient application guidelines for field, vegetable, and fruit
crops in Wisconsin (A2809), Laboski, Carrie A.M., and Peters, John
B., University of Wisconsin-Extension, Cooperative Extension, 2012,
which is incorporated into this section by reference and as from time
to time amended as if fully set forth herein.
(2) Conditional uses. Only the following uses may be conditionally permitted in the Groundwater Protection Overlay Districts and such as they are further subject to the prohibited characteristics set forth in Subsection
C(3), the separation distances set forth in Subsection
D and the administration of conditional use permits set forth in Subsection
E:
(a)
Hydrocarbon, petroleum or hazardous chemical storage tanks.
(b)
Motor vehicle services, including filling and service stations,
repair, renovation and body work.
(c)
Residential, commercial and industrial establishments that are
municipally sewered and whose total aggregate of hazardous chemicals
in use, storage, handling and/or production exceeds 20 gallons or
160 pounds at any one time.
(d)
Geothermal wells, also known as ground source heat pumps, along
with any associated piping and/or ground loop component installations.
(3) Prohibited characteristics. The following characteristics of any
permitted or conditional use are prohibited in the Groundwater Protection
Overlay Districts:
(b)
Chemical manufacturers (OSHA Standard Industrial Classification
Major Group 28).
(e)
Electroplating facilities.
(f)
Foundries and forge plants.
(g)
Industrial liquid waste storage lagoons and pits.
(h)
Landfills and any other solid waste facility, except post-consumer
recycling.
(i)
Manure and animal waste storage.
(j)
Mining of any kind, including metallic, sand and aggregate pits.
(k)
Pesticide and fertilizer dealer, manufacturing, transfer or
storage facilities.
(l)
Private on-site wastewater treatment systems or holding tanks
receiving 12,000 gallons per day or more.
(m)
Railroad yards and maintenance stations.
(n)
Rendering plants and slaughterhouses.
(o)
Salt or deicing material bulk storage.
(p)
Salvage yards or junkyards.
(q)
Septage or sludge spreading, storage or treatment.
(r)
Septage, wastewater, or sewage lagoons.
(t)
Stormwater infiltration basins without pretreatment, including
vegetative filtration and/or temporary detention.
(u)
Wood-preserving operations.
(v)
Any other use characteristic substantially similar to the above
list.
D. Separation distances. Section NR 811.12(5), Wis. Adm. Code, is incorporated
into this section by reference and as from time to time amended as
if fully set forth herein. The separation distances specified in § NR
811.12(5), Wis. Adm. Code, shall be maintained in all areas of the
Groundwater Protection Overlay Districts.
E. Administration of conditional use permits. The Village shall permit
conditional uses in the Groundwater Protection Overlay Districts subject
to the following:
(1) Required application materials. All requests shall be in writing,
whether on or in substantial compliance with forms to be provided
by the Village, and may require an environmental assessment report
prepared by a licensed environmental engineer.
(2) Referral to Planning and Zoning Commission. A properly completed
application shall be referred to the Planning and Zoning Commission
for its review and recommendation. The Planning and Zoning Commission
shall review the application and schedule and hold a public hearing
prior to making its recommendation to the Village Board, if any.
(3) Standards for conditional use. Subject to Subsection
A(3) above the Village shall apply the following standards:
(a)
The degree to which the proposed land use practice, activity
or facility may threaten or degrade groundwater quality in the Village
or the Village's recharge areas.
(b)
The proximity of the applicant's property to other potential
sources of contamination.
(c)
The then existing condition of the Village's groundwater, public
water well(s) and well fields, and their vulnerability to further
contamination.
(d)
The direction of flow of groundwater and other factors in the
area of the applicant's property which may affect the speed of the
groundwater flow, including topography, depth of soil, extent of aquifer,
depth to water table and location of private wells.
(e)
Any other hydrogeological data or information which is available
from any source.
F. Conditions. The Village may require conditions and restrictions,
including but not limited to the following:
(1) A requirement for periodic environmental and safety sampling, testing,
and reporting to establish the continued protection of the public
water supply. The Village may require an applicant to install one
or more groundwater monitoring well(s) at the expense of the applicant.
(2) The establishment of safety structures to prevent groundwater contamination.
(3) The establishment of an operational safety plan to define processes
and procedures for material containment, operations monitoring, best
management practices, and stormwater runoff management to prevent
groundwater contamination.
(4) Written policies and procedures for reporting and cleaning up any
spill of a hazardous material.
(5) The provision of copies of all federal, state and local facility
operation approvals or certificates and on-going environmental monitoring
results to the Village.
(6) A written agreement pursuant to which the applicant agrees to be
held financially responsible for all environmental cleanup costs in
the event of groundwater contamination.
(7) Bonds and/or other form of security satisfactory to the Village for
future monitoring and cleanup costs if groundwater contamination occurs
in the future.
G. Transfers of interest in property. Conditional use permits issued
under this section are nontransferable including to successor owners
of the property subject to the permit without the express written
consent of the Village. The Village may set conditions and restrictions
on any transfer, including but not limited to a requirement that the
permit shall not be transferred unless the new owner expressly and
in writing assumes the same terms, if any, as were required of the
former owner. Written permission shall be obtained prior to the voluntary
transfer of the subject property. When an involuntary transfer occurs,
the new owner or successor to an interest in the real property shall
apply to the Village within 60 days for permission to continue the
use granted by the conditional use permit.
H. Payment of costs. The applicant shall be solely and exclusively responsible
for any and all costs associated with the application process. The
conditional use permit will become effective only after any costs
incurred by the Village during the conditional use application process
are paid by the applicant. Those costs may include:
(1) The Village's expenses, including consultant's and attorney's fees,
if any, associated at the invoiced amount plus administrative costs.
(2) The cost of an environmental impact study if so required by the Village
or its designee.
(3) The cost of groundwater monitoring or groundwater wells if required
by the Village or its designee.
I. Village inaction. If within 90 days of the delivery of the application
to the Village the applicant has not received either a response or
an extension in writing from the Village Board, then the application
shall be deemed denied.
J. Prior existing legal nonconforming uses. Nonconforming uses lawfully
in existence within the Groundwater Protection Overlay Districts as
of the adoption of this section may continue to exist in the form
and scope in which they existed at that time subject to the following
provisions:
(1) Existing facilities shall provide copies of all federal, state and
local facility operation approvals or certificates and ongoing environmental
monitoring results to the Village upon request.
(2) Existing facilities shall only replace equipment or expand in a manner
that improves the existing environmental and safety technologies already
in existence.
(3) In the event that a lawful nonconforming use poses a direct hazard
to the Village's public water supply, the Village may take any action
permitted by law to abate the hazard.
(4) Existing facilities shall have the responsibility of devising and/or
filing with the Village a contingency plan satisfactory to the Planning
and Zoning Commission for the immediate notification of the appropriate
Village officers in the event of an emergency.
K. No acceptance of liability by Village. Nothing in this section shall
be construed to imply that the Village has accepted any of an owner's
or operator's liability if a facility or use, whether permitted as
of right or pursuant to a conditional use permit, contaminates groundwater
in any aquifer.
L. Enforcement and penalties.
(1) In the event that an individual and/or facility causes the release
of any contaminants which endanger the Groundwater Protection Overlay
Districts, the individual/facility causing said release shall immediately
cease and desist and provide cleanup satisfactory to the Village.
(2) The individual/facility shall be responsible for all costs of cleanup
and the Village's necessary consultant fees at the invoiced amount
plus administrative costs for oversight, review and documentation,
which includes all of the cost of the Village employees' time associated
in any way with the cleanup, the cost of Village equipment employed
and the cost of mileage reimbursed to the Village employees attributed
to the cleanup.
(3) Following any such discharge, the Village may require additional test monitoring or other requirements as outlined in Subsections
E and
F herein.
(4) Any person who violates, disobeys, neglects, omits or refuses to
comply with or who resists the enforcement of any of the provisions
of this section shall, upon conviction, forfeit not less than $10
nor more than $1,000 for each offense, together with the costs of
prosecution, and in default of payment of such forfeiture and costs
of prosecution shall be imprisoned until such forfeiture and costs
are paid, but not exceeding 30 days. Each day that a violation continues
to exist shall constitute a separate offense. The Village may also
institute any appropriate action or proceeding to enjoin or abate
a violation of this section.
A. Intent. The Village has historically not permitted nonmetallic mining areas in the Village. Growth of the Village has brought in properties that are or had been used for nonmetallic mining. So that such uses would not be uncontrolled the Village created Chapter
388, Mining, Nonmetallic, of the Village Code licensing nonmetallic mining and site reclamation for regulating and, more importantly, encouraging and mandating reclamation of these sites. However, nonmetallic mine site reclamation was heretofore not an explicitly permitted use in the Village or the towns from which annexations occurred. This section is intended to create a district in which mining reclamation can be permitted in accordance with Chapter
388 of this Code.
B. Permitted uses subject to licensing pursuant to Chapter
388 of this Code.
(1) Restoration, reclamation or filling of existing or unreclaimed nonmetallic
mining sites.
(2) Accessory uses, such as office, machine storage, stockpiling of fill
and soil covering material.
C. Definitions. The terms "nonmetallic mining," "nonmetallic mining
operation," "nonmetallic mining site," "site" and "reclamation" shall
have the meaning assigned them in § 66.038(1), Wis. Stats.
D. Supremacy. If any ordinance is in conflict with this section, the
provisions of this section shall control and supersede the conflicting
ordinance.
[Added 4-8-2019]
Community and other living arrangements shall have the following
requirements:
A. Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
COMMUNITY AND OTHER LIVING ARRANGEMENT
One of the following: a community living arrangement for
adults, as defined in § 46.03(22), Wis. Stats.; a community
living arrangement for children, as defined in § 48.743(1),
Wis. Stats.; a foster home, as defined in § 48.02(6), Wis.
Stats.; or an adult family home, as defined in § 50.01(1),
Wis. Stats.
SPECIAL ZONING PERMISSION
Includes but is not limited to the following: special exception,
special permit, conditional use, zoning variance, conditional permit
and words of similar intent.
B. A community living arrangement may not be located within 2,500 feet
of another community living arrangement.
(1)
Agents of a community living arrangement facility may apply
for an exception to this requirement, and such exceptions may be granted
at the discretion of the Village.
(2)
Two community living arrangements may be adjacent if the Village
authorizes that arrangement and if both facilities comprise essential
components of a single program.
C. When the total capacity of all community living arrangements in the
Village reaches 25 persons or 1% of the Village's population, whichever
is greater, the Village hereby prohibits any additional community
living arrangements from locating in the Village.
D. A foster home that is the primary domicile of a foster parent and that is licensed under § 48.62, Wis. Stats., or an adult family home certified under § 50.032(1m)(b), Wis. Stats., shall be a permitted use in all residential areas and is not subject to Subsections Band C above. However, foster homes operated by corporations, child welfare agencies, churches, associations, or public agencies shall still be subject to Subsections
B and
C above.
E. No adult family home described in § 50.01(1)(b), Wis. Stats.,
may be established within 2,500 feet of any other adult family home
described in § 50.01(1)(b), Wis. Stats., or any community
living arrangement.
(1)
However, an agent of an adult family home described in § 50.01(1)(b),
Wis. Stats., may apply for an exception to this requirement, and the
exception may be granted at the discretion of the Village.
(2)
An adult family home described in § 50.01(1)(b), Wis. Stats., that meets the criteria specified in Subsection E(l) above and that is licensed under § 50.033(1m)(b), Wis. Stats., is permitted in the Village without restriction as to the number of adult family homes and may locate in any residential zone, without being required to obtain special zoning permission except as provided in Subsection
I below.
F. In all cases where the community living arrangement has capacity for eight or fewer persons being served by the program, meets the criteria listed in Subsections
B arid C above, and is licensed, operated, or permitted under the authority of the Wisconsin: Departments of Health Services or Children and Families, that facility is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided in Subsection
I below.
G. In all cases where the community living arrangement has capacity for nine to 15 persons being served by the program, meets the criteria listed in Subsections
B and
C above, and is licensed, operated, or permitted under the authority of the Departments of Health Services or Children and Families, that facility is entitled to locate in any residential area except areas zoned exclusively for single-family or two-family residences except as provided in Subsection
I below, but is entitled to apply for special zoning permission to locate in those areas. The Village may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.
H. In all cases where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in Subsections
B and
C above, and is licensed, operated, or permitted under the authority of the Departments of Health Services or Children and Families, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The Village may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.
I. Not less than 11 months nor more than 13 months after the first licensure
of an adult family home under § 50.033, Wis. Stats., or
of a community living arrangement and every year thereafter, the Village
Board may make a determination as to the effect of the adult family
home or community living arrangement on the health, safety or welfare
of the residents of the Village. The determination shall be made according
to the procedures provided under Subsection 1(2) below. If the Village
Board determines that the existence in the Village of a licensed adult
family home or a community living arrangement poses a threat to the
health, safety or welfare of the residents of the Village, the Village
Board may order the adult family home or community living arrangement
to cease operation unless special zoning permission is obtained. The
order is subject to judicial review under § 68.13, Wis.
Stats., except that a free copy of the transcript may not be provided
to the adult family home or community living arrangement. The adult
family home or community living arrangement must cease operation within
90 days after the date of the order, or the date of final judicial
review of the order, or the date of the denial of special zoning permission,
whichever is later.
(1)
The fact that an individual with acquired immunodeficiency syndrome or a positive HIV test, as defined in § 252.01(2m), Wis. Stats., resides in a community living arrangement with a capacity for eight or fewer persons may not be used under Subsection
I above to assert or prove that the existence of the community living arrangement in the Village poses a threat to the health, safety or welfare of the residents of the Village.
(2)
A determination made under Subsection
I above shall be made after a hearing before the Village Board. The Village shall provide at least 30 days' notice to the licensed adult family home or the community living arrangement that such a hearing will be held. At the hearing, the licensed adult family home or the community living arrangement may be represented by counsel and may present evidence and call and examine witnesses and cross-examine other witnesses called. The Village Board may call witnesses and may issue subpoenas. All witnesses shall be sworn by the Village Board. The Village Board shall take notes of the testimony and shall mark and preserve all exhibits. The Village Board may, and upon request of the licensed adult family home or the community living- arrangement shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the Village. Within 20 days after the hearing, the Village Board shall mail or deliver to the licensed adult family home or the community living arrangement its written determination stating the reasons therefor. The determination shall be a final determination.
J. Community and other living arrangements in the Village shall be regulated
as follows:
(1)
Community and other living arrangements explicitly excluded in this section from the requirement for a special zoning permission must obtain a regular zoning permit prior to operation. See Village Code §
590-98, General zoning process, and Chapter
590, Article
XIII, Building Inspector/Zoning Administrator.
(2)
Community and other living arrangements not explicitly excluded in this section from the requirement for a special zoning permission must obtain a conditional use permit prior to operation. See Village Code Chapter
590, Article
XI, Conditional use permits.
(3)
Community and other living arrangements that are explicitly allowed in this section to apply for a special zoning permission or an exception must obtain a variance prior to operation. See Village Code Chapter
590, Article
XVI, Zoning Board of Appeals.