A.
Establishment. For the purpose of this chapter, the
Village of Pleasant Prairie, Kenosha County, Wisconsin, is hereby
divided into the following districts:
(1)
Basic zoning districts.
[Amended 3-16-2009 by Ord. No. 09-13; 3-15-2010 by Ord. No. 10-20; 6-17-2013 by Ord. No. 13-23; 4-7-2014 by Ord. No. 14-06; 4-17-2017 by Ord. No. 17-13; 7-20-2020 by Ord. No. 20-16]
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A-2 General Agricultural District
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A-3 Limited Agricultural District
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R-1 Rural Residential District
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R-2 Urban Single-Family Residential District
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R-3 Urban Single-Family Residential District
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R-4 Urban Single-Family Residential District
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R-4.5 Urban Single-Family Residential District
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R-5 Urban Single-Family Residential District
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R-6 Urban Single-Family Residential District
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R-7 Attached Single-Family (Twin House) Residential
District
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R-8 Urban Two-Family Residential District
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R-9 Multiple-Family Residential District
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R-10 Multiple-Family Residential District
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R-11 Multiple-Family Residential District
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R-12 Manufactured Home/Mobile Home Park Subdivision
Residential District
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B-1 Neighborhood Business District
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B-2 Community Business District
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B-3 Regional Retail Business District
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B-4 Freeway Service Business District
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B-5 Freeway Office District
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B-6 Freeway Oriented Business Center District
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M-1 Limited Manufacturing District
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M-2 General Manufacturing District
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M-3 Mineral Extraction and Landfill District
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M-4 Power Generating District
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M-5 Production Manufacturing District
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I-1 Institutional District
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PR-1 Neighborhood Park-Recreational District
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PR-2 Community Park-Recreational District
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PR-3 Regional Park-Recreational
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C-1 Lowland Resource Conservancy District
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C-2 Upland Resource Conservancy District
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C-3 Natural and Scientific Area Resource Conservancy
District
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(2)
Overlay districts.
[Amended 3-15-2010 by Ord. No. 10-20; 9-19-2011 by Ord. No. 11-27]
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FPO Floodplain Overlay District
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AGO General Agricultural Overlay District
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UHO Urban Land Holding Overlay District
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LUSA Limited Urban Service Area Overlay District
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PUD Planned Unit Development Overlay District
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(3)
PDD Planned Development District.
[Amended 7-20-2020 by Ord. No. 20-26]
B.
District delineation. In determining which parcels
of land shall be located in the above districts so as to accomplish
the intended purpose of these districts, the Community Development
Department and the Plan Commission shall make use of, without limitation
due to enumeration, all pertinent resources, data, statistics, tables,
charts and maps relating to existing land use, adjacent land use,
soils, future development, and existing and proposed roads and utilities.
[1]
Editor's Note: Former § 420-101, A-1 Agricultural Preservation
District, as amended, was repealed 4-7-2014 by Ord. No. 14-06.
[Amended 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-06]
A.
Primary purpose and characteristics. The A-2 General Agricultural
District is intended to provide for existing agricultural lands to
continue until such time as the land is proposed to be developed for
urban purposes pursuant to the Village's Comprehensive Plan. No such
district shall be established unless it is in compliance with adopted
or amended comprehensive, neighborhood and conceptual plans.
B.
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the A-2 District, subject to the requirements of this chapter and of other Village ordinances and codes:
(3)
Community living arrangements having a capacity of eight or fewer
persons and which shall be in conformance with all state statutory
requirements.
(4)
Contract sorting, grading and packaging of fruits and vegetables.
(5)
Corn shelling.
(6)
Equestrian trails.
(8)
Floriculture (cultivation of ornamental flowering plants).
(9)
Forest and game management.
(10)
Foster family homes having fewer than four foster children and
not exceeding eight total occupants and which are in conformance with
all state statutory requirements.
(12)
Greenhouses, not including retail sales of plants and flowers,
excluding a roadside stand.
(13)
Single-family dwelling, which may include a private garage or
carport attached to the dwelling.
(14)
Hay baling.
(16)
Orchards.
(17)
Pea viners.
(18)
Plant nurseries.
(20)
Raising of grain, grass, mint and seed crops.
(21)
Raising of tree fruits, nuts and berries.
(22)
Sod farming.
(23)
Threshing services.
(24)
Vegetable raising.
(25)
Viticulture (grape growing).
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the A-2 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the A-2 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the A-2 District:
(1)
Any listed permitted use or conditional use specifically listed in any other Zoning District that is not specifically listed in Subsection B above.
(2)
Any adult-oriented uses, including, without limitation, an adult
bookstore, adult cabaret, adult club, adult dry cabaret, adult movie
theater, adult video rental store, adult video store or adult viewing
facility.
(3)
Any listed unspecified permitted use in any zoning district that is not specifically listed in Subsection B above.
(4)
Any use involving the serving or selling of alcoholic beverages.
(5)
Anhydrous ammonia (bulk storage facility or retail sale).
(6)
Composting (commercial).
(7)
Egg production (commercial).
(8)
Farm implement business.
(9)
Feed lot (commercial).
(10)
Fertilizer (production, sales, storage, mixing or blending).
(11)
Fireworks (manufacturing, storage or sale).
(12)
Flea markets.
(13)
Fur-bearing animals (keeping or raising).
(14)
Livestock sale facilities.
(15)
Propane (bulk storage facility or retail sale).
(16)
Refuse incineration.
(17)
Slaughterhouse.
(18)
Truck stop and/or truck service facility.
D.
Conditional uses. The following uses may be permitted as conditional uses in the A-2 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX, if applicable, and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Air strips, landing fields and hangars for personal or agricultural-related
uses.
(2)
Community living arrangements having nine but not more than 15 persons
and in conformance with all state statutory requirements.
(3)
Greenhouses for the retail sales of plants and flowers.
(4)
Kennels.
(5)
Veterinarian offices.
(6)
Veterinarian emergency services office.
(7)
Wind energy conversion systems.
(8)
Transmission lines (electric power or natural gas).
(9)
Solar farm (as a principal or accessory use per §§ 420-88.2 and 420-148B(105).
[Added 5-3-2021 by Ord. No. 21-07]
E.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the A-2 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the A-2 District and their related accessory
uses may be located separately or together, and may be conducted separately
or together, with other such permitted uses and their related accessory
uses in the same principal building in the A-2 District.
(2)
Conditional uses allowed in the A-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the A-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the A-2 District and their related accessory uses and conditional uses allowed in the A-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the A-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the A-2 District as of the effective
date of Ordinance No. 10-06 (March 15, 2010) and any related accessory
uses existing as of such date may be continued in the same principal
building with other uses; provided, however, that no nonconforming
use and no accessory use to a nonconforming use may be extended or
expanded into new areas, and no new accessory use related to such
nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory
uses to principal uses allowed in the A-2 District are allowed, subject
to all other Village ordinances and codes, as follows:
(a)
Accessory uses to principal permitted uses in the A-2 District
are allowed.
(b)
Accessory uses to principal conditional uses allowed in the A-2 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(c)
In the event of any issue about whether a particular use is
properly an accessory use, the Zoning Administrator shall have authority
to decide. The Zoning Administrator shall make written findings to
support any such decision.
(2)
Specific permitted accessory uses that are allowed in the A-2 District
include:
(a)
General farm buildings, including agricultural windmills, barns, and sheds incidental to the agricultural use (per § 420-86).
(b)
Silos and grain/storage bins, provided that the height does
not exceed 100 feet.
(c)
Feedlots (not commercial and only for permitted farm uses).
(d)
Storage, curing, drying, churning and packaging of products
and crops produced on the land; provided, however, that such products
are not processed on the land; and provided, further, that such products
are not commercially sold as part of a retail business conducted on
the land.
(3)
New proposed accessory uses to nonconforming uses (and any prior
accessory uses to a nonconforming use that have been discontinued
as actively conducted uses for 12 or more consecutive months) are
prohibited.
H.
Temporary uses. Temporary uses may be allowed in the A-2 District pursuant to § 420-140.1 of this chapter.
I.
Prohibited uses. Uses that are not specifically allowed in the A-2
District by this chapter as specified in the forgoing sections are
prohibited in the A-2 District.
J.
Dimensional standards. Except as specifically provided in this chapter,
and without limitations, all uses, sites, buildings and structures
in the A-2 District shall comply with the following dimensional standards
to the extent applicable:
(1)
Lot size: 10 acres minimum; however, there is no minimum lot
size for transmission lines.
(2)
Lot frontage. Lot frontage on a public street: 300 feet minimum;
however, no minimum lot frontage on a public street shall be applicable
to transmission lines.
(3)
Single-family dwellings shall comply with the standards set forth in § 420-108F of this chapter.
(4)
Setbacks:
(a)
Street setback: minimum of 65 feet from arterial streets or
highways and a minimum of 40 feet from nonarterial streets or private
roads.
(b)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(c)
Side setback: 25 feet minimum.
(d)
Rear setback: 50 feet minimum.
(e)
Wetland setback: 25 feet minimum.
K.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the A-2 District shall comply with the following design standards
to the extent applicable:
(1)
Number of principal single-family dwellings per lot: one maximum.
(4)
No structure or improvement may be built unless said structure
or improvement is consistent with agricultural uses specified in this
section.
(5)
All accessory uses or structures shall be located on the same
lot or approved site as the principal use.
(8)
Each use, site, building and structure shall be designed, laid
out, constructed and maintained in full compliance with the approved
site and operational plan, if applicable, any required conditional
use permit, any required license and all other applicable provisions
of this chapter and of all other Village ordinances and codes.
L.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the A-2 District shall comply with the following
operational standards to the extent applicable:
[Amended 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-08]
A.
Primary purpose and characteristics. The A-3 Limited Agricultural
District is intended to provide an area for the development of hobby
farms and limited farming and related agricultural uses at densities
not to exceed one dwelling unit per five acres. No such A-3 District
shall be established unless it is in compliance with adopted or amended
comprehensive, neighborhood and conceptual plans.
B.
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the A-3 District, subject to the requirements of this chapter and of other Village ordinances and codes:
(1)
Community living arrangements having a capacity of eight or fewer
persons and which shall be in conformance with all state statutory
requirements.
(2)
Foster family homes having fewer than four foster children and not
exceeding eight total occupants and which are in conformance with
all state statutory requirements.
(3)
Single-family dwelling, which may include a private garage or carport
attached to the dwelling.
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the A-3 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the A-3 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the A-3 District:
(1)
Any listed permitted use or conditional use specifically listed in any other Zoning District that is not specifically listed in Subsection B above.
(2)
Any adult-oriented uses, including, without limitation, an adult
bookstore, adult cabaret, adult club, adult dry cabaret, adult movie
theater, adult video rental store, adult video store or adult viewing
facility.
(3)
Any listed unspecified permitted use in any zoning district that is not specifically listed in Subsection B above.
(4)
Any use involving the serving or selling of alcoholic beverages.
(5)
Anhydrous ammonia (bulk storage facility or retail sale).
(6)
Composting (commercial).
(7)
Egg production (commercial).
(8)
Farm implement business.
(9)
Feed lot (commercial).
(10)
Fertilizer (production, sales, storage, mixing or blending).
(11)
Fireworks (manufacturing, storage or sale).
(12)
Flea markets.
(13)
Fur-bearing animals (keeping or raising).
(14)
Livestock sale facilities.
(15)
Propane (bulk storage facility or retail sale).
(16)
Refuse incineration.
(17)
Slaughterhouse.
(18)
Truck stop and/or truck service facility.
D.
Conditional uses. The following uses may be permitted as conditional uses in the A-3 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX, if applicable, and all other applicable provisions of this chapter and of other Village ordinances and codes:
E.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the A-3 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the A-3 District and their related
accessory uses may be located separately or together, and may be conducted
separately or together, with other such permitted uses and their related
accessory uses in the same principal building in the A-3 District.
(2)
Conditional uses allowed in the A-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the A-3 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the A-3 District and their related accessory uses and conditional uses allowed in the A-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the A-3 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the A-3 District as of the effective
date of Ordinance No. 10-08 (March 15, 2010) and any related accessory
uses existing as of such date may be continued in the same principal
building with other uses; provided, however, that no nonconforming
use and no accessory use to a nonconforming use may be extended or
expanded into new areas, and no new accessory use related to such
nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory
uses to principal uses allowed in the A-3 District are allowed, subject
to all other Village ordinances and codes, as follows:
(a)
Accessory uses to principal permitted uses in the A-3 District
are allowed.
(b)
Accessory uses to principal conditional uses allowed in the A-3 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(c)
In the event of any issue about whether a particular use is
properly an accessory use, the Zoning Administrator shall have authority
to decide. The Zoning Administrator shall make written findings to
support any such decision.
(2)
Specific permitted accessory uses that are allowed in the A-3
District include:
(a)
General farm buildings, including agricultural windmills, barns, and sheds incidental to the agricultural use (per § 420-86).
(b)
Silos and grain/storage bins, provided that the height does
not exceed 100 feet.
(c)
Feedlots (not commercial and only for permitted farm uses).
(d)
Storage, curing, drying, churning and packaging of products
and crops produced on the land; provided, however, that such products
are not processed on the land; and provided, further, that such products
are not commercially sold as part of a retail business conducted on
the land.
(3)
New proposed accessory uses to nonconforming uses (and any prior
accessory uses to a nonconforming use that have been discontinued
as actively conducted uses for 12 or more consecutive months) are
prohibited.
H.
Temporary uses. Temporary uses may be allowed in the A-3 District pursuant to § 420-140.1 of this chapter.
I.
Prohibited uses. Uses that are not specifically allowed in the A-3
District by this chapter as specified in the foregoing sections are
prohibited in the A-3 District.
J.
Dimensional standards. Except as specifically provided in this chapter,
and without limitations, all uses, sites, buildings and structures
in the A-3 District shall comply with the following dimensional standards
to the extent applicable.
(1)
Lot size: five acres minimum; however, there is no minimum lot
size for transmission lines.
(2)
Lot frontage. Lot frontage on a public street: 300 feet minimum;
however, no minimum lot frontage on a public street shall be applicable
to transmission lines.
(3)
Single-family dwellings shall comply with the standards set forth in § 420-108F of this chapter.
(4)
Setbacks:
(a)
Street setback: minimum of 65 feet from arterial streets or
highways and a minimum of 40 feet from nonarterial streets or private
roads.
(b)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(c)
Side setback: 25 feet minimum.
(d)
Rear setback: 50 feet minimum.
(e)
Wetland setback: 25 feet minimum.
K.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the A-3 District shall comply with the following design standards
to the extent applicable:
(1)
Number of principal single-family dwellings per lot: one maximum.
(4)
No structure or improvement may be built unless said structure
or improvement is consistent with agricultural uses specified in this
section.
(5)
All accessory uses or structures shall be located on the same
lot or approved site as the principal use.
(8)
Each use, site, building and structure shall be designed, laid
out, constructed and maintained in full compliance with the approved
site and operational plan, if applicable, any required conditional
use permit, any required license and all other applicable provisions
of this chapter and of all other Village ordinances and codes.
L.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the A-3 District shall comply with the following
operational standards to the extent applicable:
[1]
Editor's Note: Former § 420-104, A-4 Agricultural
Land Holding District, as amended, was repealed 3-15-2010 by Ord.
No. 10-09.
A.
Purpose and characteristics. The R-1 Rural Residential
District is intended to provide for single-family residential development,
in a predominantly rural setting, at densities not to exceed 0.2 dwelling
unit per acre.
B.
Permitted uses.
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having a capacity of eight or fewer persons and which shall be in
conformance with all state statutory requirements.
(b)
Essential services.
(c)
Foster family homes having fewer than four foster
children and not exceeding eight total occupants and which are in
conformance with all state statutory requirements.
(d)
One single-family dwelling, which may include
a private garage or carport attached to the dwelling.
(2)
Accessory uses.
(a)
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(j)
Bus shelters [per § 420-139B(1)(e)].
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having nine but not more than 15 persons which shall be in conformance
with all state statutory requirements.
(b)
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(2)
Accessory uses.
(a)
No more than two household stables [per § 420-148B(44)].
(b)
Recreational facilities accessory to a development,
such as pools, clubhouses, recreational trails, walking trails and
tot lots located within common areas of the development, provided
that they are compatible with the surrounding neighborhood and serve
the needs of the residents.
(c)
Guard houses and gate houses [per § 420-139B(1)(m)].
D.
Unclassified uses. Any use not specifically listed
as a permitted use or conditional use shall be considered to be prohibited
except as may be otherwise provided elsewhere in this chapter. In
case of question as to the classification of use, the question shall
be submitted to the Village Board for determination.
E.
Lot area and width.
(1)
Lots shall have a minimum area of five acres.
(2)
All lots shall have a frontage of not less than 300
feet in width unless located on a cul-de-sac or curve, in which case
the lot frontage may be reduced to 150 feet of frontage, provided
that there is at least 300 feet of width at the required building
setback line.
F.
Single-family dwelling standards.
(1)
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2)
The minimum floor area of a dwelling, excluding the
garage, decks, porches and basement, shall be 2,000 square feet with
a minimum first floor area of 1,500 square feet.
(3)
The dwelling shall be set on an enclosed permanent
foundation unless the soil-bearing capacity, as determined by a structural
engineer, prohibits such foundation.
(4)
Placement of the dwelling unit shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(5)
For all one-story dwellings, the length-to-width ratio
of the dwelling unit (excluded are decks, porches, bay windows, chimneys
and any projections less than 25 square feet), as measured at the
foundation, shall not be greater than two to one (i.e., the length
shall not be more than twice the width). The length of the dwelling
unit is that side of the dwelling that is the longest, and the width
is that side of the dwelling which is the shortest, as shown in Illustration
5 in Appendix A.[2]
[2]
Editor's Note: Appendix A is an attachment
to this chapter.
(6)
The minimum width of the dwelling unit shall be 28
feet, as measured at the foundation (excluded are decks, porches,
bay windows, chimneys and any projections less than 25 square feet).
The width is that side of the dwelling which is the shortest as shown
in Illustration 5 in Appendix A.[3]
[3]
Editor's Note: Appendix A is an attachment
to this chapter.
(7)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No.
07-50]
(8)
Permitted roof surface materials (including accessory
garages and carports) include wood shakes, asphalt, fiberglass, composition
or wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
(9)
Permitted exterior materials (including accessory
garages and carports) include brick, stone, wood, masonry, concrete,
stucco, aluminum or vinyl siding or other appropriate siding material
as approved by the Village Zoning Administrator. The exterior siding
shall extend to the top of the foundation and be within six inches
above the final grade.
(10)
The front facade of the structure shall be placed
parallel to the street property line, unless otherwise approved by
the Zoning Administrator.
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 25 feet minimum.
(5)
Rear setback: 50 feet minimum.
A.
Purpose and characteristics. The R-2 Urban Single-Family
Residential District is intended to provide for single-family residential
development, at densities not to exceed 1.1 dwelling units per net
acre, served by public sanitary sewerage facilities.
B.
Permitted uses.
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having a capacity of eight or fewer persons and which shall be in
conformance with all state statutory requirements.
(b)
Essential services.
(c)
Foster family homes having fewer than four foster
children and not exceeding eight total occupants and which are in
conformance with all state statutory requirements.
(d)
One single-family dwelling, which may include
a private garage or carport attached to the dwelling.
(2)
Accessory uses.
(a)
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(i)
Bus shelters [per § 420-139B(1)(e)].
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having nine but not more than 15 persons, which shall be in conformance
with all state statutory requirements.
(b)
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(2)
Accessory uses.
(a)
Recreational facilities accessory to a development,
such as pools, clubhouses, recreational trails, walking trails and
tot lots located within common areas of the development, provided
that they are compatible with the surrounding neighborhood and serve
the needs of the residents.
(b)
Guard houses and gate houses [per § 420-139B(1)(m)].
D.
Unclassified uses. Any use not specifically listed
as a permitted use or conditional use shall be considered to be prohibited
except as may be otherwise provided elsewhere in this chapter. In
case of question as to the classification of use, the question shall
be submitted to the Village Board for determination.
E.
Lot area and width.
(1)
Lots shall have a minimum area of 40,000 square feet.
(2)
All lots shall be not less than 150 feet in width
unless located on a cul-de-sac or curve, in which case the lot frontage
may be reduced to 75 feet of frontage, provided that there is at least
150 feet of width at the required building setback line.
F.
Single-family dwelling standards.
(1)
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2)
The minimum floor area of a dwelling, excluding the
garage, decks, porches and basement, shall be 2,000 square feet with
a minimum first floor area of 1,500 square feet.
(3)
The dwelling shall be set on an enclosed permanent
foundation unless the soil-bearing capacity, as determined by a structural
engineer, prohibits such foundation.
(4)
Placement of the dwelling unit shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(5)
For all one-story dwellings, the length-to-width ratio
of the dwelling unit (excluded are decks, porches, bay windows, chimneys
and any projections less than 25 square feet), as measured at the
foundation, shall not be greater than two to one (i.e., the length
shall not be more than twice the width). The length of the dwelling
unit is that side of the dwelling that is the longest, and the width
is that side of the dwelling which is the shortest, as shown in Illustration
5 in Appendix A.[2]
[2]
Editor's Note: Appendix A is an attachment
to this chapter.
(6)
The minimum width of the short side of a dwelling
unit shall be 28 feet, as measured at the foundation (excluded are
decks, porches, bay windows, chimneys and any projections less than
25 square feet). The width is that side of the dwelling which is the
shortest as shown in Illustration 5 in Appendix A.[3]
[3]
Editor's Note: Appendix A is an attachment
to this chapter.
(7)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No.
07-50]
(8)
Permitted roof surface materials (including accessory
garages and carports) include wood shakes, asphalt, fiberglass, composition
or wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
(9)
Permitted exterior materials (including accessory
garages and carports) include brick, stone, wood, masonry, concrete,
stucco, aluminum or vinyl siding or other appropriate siding material
as approved by the Village Zoning Administrator. The exterior siding
shall extend to the top of the foundation and be within six inches
above the final grade.
(10)
The front facade of the structure shall be placed
parallel to the street property line, unless otherwise approved by
the Zoning Administrator.
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 25 feet minimum.
(5)
Rear setback: 50 feet minimum.
A.
Purpose and characteristics. The R-3 Urban Single-Family
Residential District is intended to provide for single-family residential
development, at densities not to exceed 2.2 dwelling units per net
acre, served only by public sanitary sewage facilities.
B.
Permitted uses.
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having a capacity of eight or fewer persons and which shall be in
conformance with all state statutory requirements.
(b)
Essential services.
(c)
Foster family homes having fewer than four foster
children and not exceeding eight total occupants and which are in
conformance with all state statutory requirements.
(d)
One single-family dwelling, which may include
a private garage or carport attached to the dwelling.
(2)
Accessory uses.
(a)
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(i)
Bus shelters [per § 420-139B(1)(e)].
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having nine but not more than 15 persons which shall be in conformance
with all state statutory requirements.
(b)
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(2)
Accessory uses.
(a)
Recreational facilities accessory to a development,
such as pools, clubhouses, recreational trails, walking trails and
tot lots located within common areas of the development, provided
that they are compatible with the surrounding neighborhood and serve
the needs of the residents.
(b)
Guard houses and gate houses [per § 420-139B(1)(m)].
D.
Unclassified uses. Any use not specifically listed
as a permitted use or conditional use shall be considered to be prohibited
except as may be otherwise provided elsewhere in this chapter. In
case of question as to the classification of use, the question shall
be submitted to the Village Board for determination.
E.
Lot area and width.
(1)
Lots shall have a minimum area of 20,000 square feet.
(2)
All lots shall be not less than 100 feet in width
unless located on a cul-de-sac or curve, in which case the lot frontage
may be reduced to 50 feet of frontage, provided that there is at least
100 feet of width at the required building setback line.
F.
Single-family dwelling standards.
(1)
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2)
The minimum floor area of a dwelling, excluding the
garage, decks, porches and basement, shall be 1,400 square feet with
a minimum first floor area of 1,000 square feet.
(3)
The dwelling shall be set on an enclosed permanent
foundation unless the soil-bearing capacity, as determined by a structural
engineer, prohibits such foundation.
(4)
Placement of the dwelling unit shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(5)
For all one-story dwellings, the length-to-width ratio
of the dwelling unit (excluded are decks, porches, bay windows, chimneys
and any projections less than 25 square feet), as measured at the
foundation, shall not be greater than two to one (i.e., the length
shall not be more than twice the width). The length of the dwelling
unit is that side of the dwelling that is the longest, and the width
is that side of the dwelling which is the shortest, as shown in Illustration
5 in Appendix A.[2]
[2]
Editor's Note: Appendix A is an attachment
to this chapter.
(6)
The minimum width of the short side of a dwelling
unit shall be 28 feet, as measured at the foundation (excluded are
decks, porches, bay windows, chimneys and any projections less than
25 square feet). The width is that side of the dwelling which is the
shortest as shown in Illustration 5 in Appendix A.[3]
[3]
Editor's Note: Appendix A is an attachment
to this chapter.
(7)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No.
07-50]
(8)
Permitted roof surface materials (including accessory
garages and carports) include wood shakes, asphalt, fiberglass, composition
or wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
(9)
Permitted exterior materials (including accessory
garages and carports) include brick, stone, wood, masonry, concrete,
stucco, aluminum or vinyl siding or other appropriate siding material
as approved by the Village Zoning Administrator. The exterior siding
shall extend to the top of the foundation and be within six inches
above the final grade.
(10)
The front facade of the structure shall be placed
parallel to the street property line, unless otherwise approved by
the Zoning Administrator.
G.
Setbacks
(1)
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 10 feet minimum, except that if an attached
garage is not constructed at the same time that the single-family
dwelling is constructed, then a fifteen-foot side setback shall be
required on at least one side.
(5)
Rear setback: 25 feet minimum.
A.
Purpose and characteristics. The R-4 Urban Single-Family
Residential District is intended to provide for single-family residential
development, at densities not exceeding 2.9 dwelling units per net
acre, served by public sanitary sewage facilities.
B.
Permitted uses.
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having a capacity of eight or fewer persons and which shall be in
conformance with all state statutory requirements.
(b)
Essential services.
(c)
Foster family homes having fewer than four foster
children and not exceeding eight total occupants and which are in
conformance with all state statutory requirements.
(d)
One single-family dwelling, which may include
a private garage or carport attached to the dwelling.
(2)
Accessory uses.
(a)
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(i)
Bus shelters [per § 420-139B(1)(e)].
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having nine but not more than 15 persons, which shall be in conformance
with all state statutory requirements.
(b)
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(2)
Accessory uses.
(a)
Recreational facilities accessory to a development,
such as pools, clubhouses, recreational trails, walking trails and
tot lots located within common areas of the development, provided
that they are compatible with the surrounding neighborhood and serve
the needs of the residents.
(b)
Guard houses and gate houses [per § 420-139B(1)(m)].
D.
Unclassified uses. Any use not specifically listed
as a permitted use or conditional use shall be considered to be prohibited
except as may be otherwise provided elsewhere in this chapter. In
case of question as to the classification of use, the question shall
be submitted to the Village Board for determination.
E.
Lot area and width.
(1)
Lots shall have a minimum of 15,000 square feet.
(2)
All lots shall be not less than 90 feet in width unless
located on a cul-de-sac or curve, in which case the lot frontage may
be reduced to 45 feet of frontage, provided that there is at least
90 feet of width at the required building setback line.
F.
Single-family dwelling standards.
(1)
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2)
The minimum floor area of a dwelling, excluding the
garage, decks, porches and basement, shall be 1,400 square feet with
a minimum first floor area of 1,000 square feet.
(3)
The dwelling shall be set on an enclosed permanent
foundation unless the soil-bearing capacity, as determined by a structural
engineer, prohibits such foundation.
(4)
Placement of the dwelling unit shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(5)
For all one-story dwellings, the length-to-width ratio
of the dwelling unit (excluded are decks, porches, bay windows, chimneys
and any projections less than 25 square feet), as measured at the
foundation, shall not be greater than two to one (i.e., the length
shall not be more than twice the width). The length of the dwelling
unit is that side of the dwelling that is the longest, and the width
is that side of the dwelling which is the shortest, as shown in Illustration
5 in Appendix A.[2]
[2]
Editor's Note: Appendix A is an attachment
to this chapter.
(6)
The minimum width of the short side of a dwelling
unit shall be 28 feet, as measured at the foundation (excluded are
decks, porches, bay windows, chimneys and any projections less than
25 square feet). The width is that side of the dwelling which is the
shortest as shown in Illustration 5 in Appendix A.[3]
[3]
Editor's Note: Appendix A is an attachment
to this chapter.
(7)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No.
07-50]
(8)
Permitted roof surface materials (including accessory
garages and carports) include wood shakes, asphalt, fiberglass, composition
or wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
(9)
Permitted exterior materials (including accessory
garages and carports) include brick, stone, wood, masonry, concrete,
stucco, aluminum or vinyl siding or other appropriate siding material
as approved by the Village Zoning Administrator. The exterior siding
shall extend to the top of the foundation and be within six inches
above the final grade.
(10)
The front facade of the structure shall be placed
parallel to the street property line, unless otherwise approved by
the Zoning Administrator.
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 10 feet minimum, except that if an attached
garage is not constructed at the same time that the single-family
dwelling is constructed, then a fifteen-foot side setback shall be
required on at least one side.
(5)
Rear setback: 25 feet minimum.
A.
Purpose and characteristics. The R-4.5 Urban Single-Family
Residential District is intended to provide for single-family residential
development, at densities not exceeding 3.5 dwelling units per net
acre, served only by public sanitary sewage facilities.
B.
Permitted uses.
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having a capacity of eight or fewer persons and which shall be in
conformance with all state statutory requirements.
(b)
Essential services.
(c)
Foster family homes having fewer than four foster
children and not exceeding eight total occupants and which are in
conformance with all state statutory requirements.
(d)
One single-family dwelling, which may include
a private garage or carport attached to the dwelling.
(2)
Accessory uses.
(a)
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(i)
Boathouses [per § 420-139B(1)(d)].
(j)
Davits [per § 420-139B(1)(h)].
(k)
Bus shelters [per § 420-139B(1)(e)].
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having nine but not more than 15 persons which shall be in conformance
with all state statutory requirements.
(b)
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(2)
Accessory uses.
(3)
Recreational facilities accessory to a development,
such as pools, clubhouses, recreational trails, walking trails and
tot lots located within common areas of the development, provided
that they are compatible with the surrounding neighborhood and serve
the needs of the residents.
(4)
Guard houses and gate houses [per § 420-139B(1)(m)].
D.
Unclassified uses. Any use not specifically listed
as a permitted use or conditional use shall be considered to be prohibited
except as may be otherwise provided elsewhere in this chapter. In
case of question as to the classification of use, the question shall
be submitted to the Village Board for determination.
E.
Lot area and width.
(1)
Lots shall have a minimum of 12,500 square feet.
(2)
All lots shall be not less than 80 feet in width unless
located on a cul-de-sac or curve, in which case the lot frontage may
be reduced to 45 feet of frontage, provided that there is at least
80 feet of width at the required building setback line.
F.
Single-family dwelling standards.
(1)
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2)
The minimum floor area of a dwelling, excluding the
garage, decks, porches and basement, shall be 1,400 square feet with
a minimum first floor area of 1,000 square feet.
(3)
The dwelling shall be set on an enclosed permanent
foundation unless the soil-bearing capacity, as determined by a structural
engineer, prohibits such foundation.
(4)
Placement of the dwelling unit shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(5)
For all one-story dwellings, the length-to-width ratio
of the dwelling unit (excluded are decks, porches, bay windows, chimneys
and any projections less than 25 square feet), as measured at the
foundation, shall not be greater than two to one (i.e., the length
shall not be more than twice the width). The length of the dwelling
unit is that side of the dwelling that is the longest, and the width
is that side of the dwelling which is the shortest, as shown in Illustration
5 in Appendix A.[2]
[2]
Editor's Note: Appendix A is an attachment
to this chapter.
(6)
The minimum width of the short side of a dwelling
unit shall be 26 feet, as measured at the foundation (excluded are
decks, porches, bay windows, chimneys and any projections less than
25 square feet). The width is that side of the dwelling which is the
shortest as shown in Illustration 5 in Appendix A.[3]
[3]
Editor's Note: Appendix A is an attachment
to this chapter.
(7)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No.
07-50]
(8)
Permitted roof surface materials (including accessory
garages and carports) include wood shakes, asphalt, fiberglass, composition
or wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
(9)
Permitted exterior materials (including accessory
garages and carports) include brick, stone, wood, masonry, concrete,
stucco, aluminum or vinyl siding or other appropriate siding material
as approved by the Village Zoning Administrator. The exterior siding
shall extend to the top of the foundation and be within six inches
above the final grade.
(10)
The front facade of the structure shall be placed
parallel to the street property line, unless otherwise approved by
the Zoning Administrator.
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 10 feet minimum, except that if an attached
garage is not constructed at the same time that the single-family
dwelling is constructed, then a fifteen-foot side setback shall be
required on at least one side
(5)
Rear setback: 25 feet minimum.
A.
Purpose and characteristics. The R-5 Urban Single-Family
Residential District is intended to provide for single-family residential
development, at densities not exceeding 4.4 dwelling units per net
acre, served by public sanitary sewage facilities.
B.
Permitted uses.
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having a capacity of eight or fewer persons and which shall be in
conformance with all state statutory requirements.
(b)
Essential services.
(c)
Foster family homes having fewer than four foster
children and not exceeding eight total occupants and which are in
conformance with all state statutory requirements.
(d)
One single-family dwelling, which may include
a private garage or carport attached to the dwelling.
(2)
Accessory uses.
(a)
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(i)
Boathouses [per § 420-139B(1)(d)].
(j)
Davits [per § 420-139B(1)(h)].
(k)
Bus shelters [per § 420-139B(1)(e)].
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having nine but not more than 15 persons which shall be in conformance
with all state statutory requirements.
(b)
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(2)
Accessory uses.
(a)
Recreational facilities accessory to a development,
such as pools, clubhouses, recreational trails, walking trails and
tot lots located within common areas of the development, provided
that they are compatible with the surrounding neighborhood and serve
the needs of the residents.
(b)
Guard houses and gate houses [per § 420-139B(1)(m)].
D.
Unclassified uses. Any use not specifically listed
as a permitted use or conditional use shall be considered to be prohibited
except as may be otherwise provided elsewhere in this chapter. In
case of question as to the classification of use, the question shall
be submitted to the Village Board for determination.
E.
Lot area and width.
(1)
Lots shall have a minimum of 10,000 square feet.
(2)
All lots shall be not less than 75 feet in width unless
located on a cul-de-sac or curve, in which case the lot frontage may
be reduced to 40 feet of frontage, provided that there is at least
75 feet of width at the required building setback line.
F.
Single-family dwelling standards.
(1)
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2)
The minimum floor area of a dwelling, excluding the
garage, decks, porches and basement, shall be 1,200 square feet with
a minimum first floor area of 900 square feet.
(3)
The dwelling shall be set on an enclosed permanent
foundation unless the soil-bearing capacity, as determined by a structural
engineer, prohibits such foundation.
(4)
Placement of the dwelling unit shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(5)
For all one-story dwellings, the length-to-width ratio
of the dwelling unit (excluded are decks, porches, bay windows, chimneys
and any projections less than 25 square feet), as measured at the
foundation, shall not be greater than two to one (i.e., the length
shall not be more than twice the width). The length of the dwelling
unit is that side of the dwelling that is the longest, and the width
is that side of the dwelling which is the shortest as shown in Illustration
5 in Appendix A.[2]
[2]
Editor's Note: Appendix A is an attachment
to this chapter.
(6)
The minimum width of the short side of a dwelling
unit shall be 24 feet, as measured at the foundation (excluded are
decks, porches, bay windows, chimneys and any projections less than
25 square feet). The width is that side of the dwelling which is the
shortest as shown in Illustration 5 in Appendix A.[3]
[3]
Editor's Note: Appendix A is an attachment
to this chapter.
(7)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No.
07-50]
(8)
Permitted roof surface materials (including accessory
garages and carports) include wood shakes, asphalt, fiberglass, composition
or wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
(9)
Permitted exterior materials (including accessory
garages and carports) include brick, stone, wood, masonry, concrete,
stucco, aluminum or vinyl siding or other appropriate siding material
as approved by the Village Zoning Administrator. The exterior siding
shall extend to the top of the foundation and be within six inches
above the final grade.
(10)
The front facade of the structure shall be placed
parallel to the street property line, unless otherwise approved by
the Zoning Administrator.
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 10 feet minimum, except that if an attached
garage is not constructed at the same time that the single-family
dwelling is constructed, then a fifteen-foot side setback shall be
required on at least one side.
(5)
Rear setback: 25 feet minimum.
A.
Purpose and characteristics. The R-6 Urban Single-Family
Residential District is intended to accommodate existing single-family
development where densities may reach 7.3 dwelling units per net acre
in order that residences in these districts shall not be rendered
nonconforming uses. The district further provides for new development
to fill in voids in existing small lot subdivisions. All R-6 residential
development should preferably be served by public sanitary sewage
systems. Any additional lands or new subdivisions shall be considered
for rezoning into this district only if the parcel in question abuts
a city of the second class and furthermore abuts a residential subdivision
located within the city of the second class and only if the individual
parcels in the aforementioned subdivision are 6,000 square feet per
unit or less and served by public sanitary sewer.
B.
Permitted uses.
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having a capacity of eight or fewer persons and which shall be in
conformance with all state statutory requirements.
(b)
Essential services.
(c)
Foster family homes having fewer than four foster
children and not exceeding eight total occupants and which are in
conformance with all state statutory requirements.
(d)
One single-family dwelling, which may include
a private garage or carport attached to the dwelling.
(2)
Accessory uses.
(a)
No more than a total of two detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(i)
Bus shelters [per § 420-139B(1)(e)].
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see also Article XVIII).
(1)
Principal uses.
(a)
Community-based residential facility (CBRF)
having nine but not more than 15 persons which shall be in conformance
with all state statutory requirements.
(b)
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(2)
Accessory uses.
(a)
Recreational facilities accessory to a development,
such as pools, clubhouses, recreational trails, walking trails and
tot lots located within common areas of the development, provided
that they are compatible with the surrounding neighborhood and serve
the needs of the residents.
(b)
Guard houses and gate houses [per § 420-139B(1)(m)].
D.
Unclassified uses. Any use not specifically listed
as a permitted use or conditional use shall be considered to be prohibited
except as may be otherwise provided elsewhere in this chapter. In
case of question as to the classification of use, the question shall
be submitted to the Village Board for determination.
E.
Lot area and width.
(1)
Lots shall have a minimum area of 6000 square feet.
(2)
All lots shall be not less than 60 feet in width unless
located on a cul-de-sac or curve, in which case the lot frontage may
be reduced to 30 feet of frontage, provided that there is at least
60 feet of width at the required building setback line
F.
Single-family dwelling standards.
(1)
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2)
The minimum floor area of a dwelling, excluding the
garage, decks, porches and basement, shall be 1,200 square feet with
a minimum first floor area of 700 square feet.
(3)
The dwelling shall be set on an enclosed permanent
foundation unless the soil-bearing capacity, as determined by a structural
engineer, prohibits such foundation.
(4)
Placement of the dwelling unit shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(5)
For all one-story dwellings, the length-to-width ratio
of the dwelling unit (excluded are decks, porches, bay windows, chimneys
and any projections less than 25 square feet), as measured at the
foundation, shall not be greater than two to one 1 (i.e., the length
shall not be more than twice the width). The length of the dwelling
unit is that side of the dwelling that is the longest, and the width
is that side of the dwelling which is the shortest, as shown in Illustration
5 in Appendix A.[2]
[2]
Editor's Note: Appendix A is an attachment
to this chapter.
(6)
The minimum width of the short side of a dwelling
unit shall be 24 feet, as measured at the foundation (excluded are
decks, porches, bay windows, chimneys and any projections less than
25 square feet). The width is that side of the dwelling which is the
shortest, as shown in Illustration 5 in Appendix A.[3]
[3]
Editor's Note: Appendix A is an attachment
to this chapter.
(7)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No.
07-50]
(8)
Permitted roof surface materials (including accessory
garages and carports) include wood shakes, asphalt, fiberglass, composition
or wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
(9)
Permitted exterior materials (including accessory
garages and carports) include brick, stone, wood, masonry, concrete,
stucco, aluminum or vinyl siding or other appropriate siding material
as approved by the Village Zoning Administrator. The exterior siding
shall extend to the top of the foundation and be within six inches
above the final grade.
(10)
The front facade of the structure shall be placed
parallel to the street property line, unless otherwise approved by
the Zoning Administrator.
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: eight feet minimum, except that if an
attached garage is not constructed at the same time that the single-family
dwelling is constructed, then a fifteen-foot side setback shall be
required on at least one side.
(5)
Rear setback: 25 feet minimum.
[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No. 07-50; 7-20-2009 by Ord. No. 09-44; 4-7-2014 by Ord. No. 14-08; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-16]
A.
Purpose and characteristics. The R-7 District is intended to accommodate
two attached single-family dwelling units or a twin house wherein
each dwelling unit is located on its own property and are separated
by a fire wall which establishes the common lot line. Densities within
this district shall not exceed 2.7 dwelling units per net acre. No
such district shall be established unless it is in compliance with
Village-adopted or -amended comprehensive, neighborhood and conceptual
plans and a minimum of 10 lots are created/rezoned.
B.
Permitted uses.
(1)
Principal uses.
(a)
One single-family dwelling, with an attached private garage
that is attached to another single-family dwelling with an attached
private garage, wherein each dwelling is located on its own property
separated by a fire wall. The attached single-family units are required
to be constructed at the same time.
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties. (See also Article XVIII.)
D.
Unclassified uses. Any use not specifically listed as a permitted
use or conditional use shall be considered to be prohibited except
as may be otherwise provided elsewhere in this chapter. In the event
that a determination as to the classification of use is needed, the
request shall be submitted to the Village Board for determination.
E.
Lot area and width.
(1)
All lots shall have a minimum area of 8,000 square feet.
(2)
All lots shall be not less than 70 feet in width unless located
on a cul-de-sac or curve, in which case the lot frontage may be reduced
to 45 feet of frontage, provided that there is at least 70 feet of
width at the required building setback line.
F.
Dwelling standards.
(1)
Both units of a twin house shall be constructed at the same
time and shall be issued a certificate of occupancy at the same time.
(2)
Prior to the issuance of a permit for the construction of a
twin house, a building maintenance agreement shall be prepared, executed
by both property owners and recorded at the Kenosha County Register
of Deeds to ensure equal and reasonable building maintenance and repair
schedules for both attached dwelling units.
(3)
If site and landscaped maintenance is shared by both owners
of a twin house, then prior to the issuance of a permit for the construction
of a twin house, a site and landscape access and maintenance agreement
shall be prepared to clearly define the site and landscape maintenance
responsibilities of each lot owner. The agreement shall be recorded
at the Kenosha County Register of Deeds by the owners of both lots
to ensure equal and reasonable site and landscape access and maintenance
for both lots are established.
(4)
Prior to issuance of any permits, a ten-foot-wide maintenance
access easement, five feet on each side of the shared common lot line,
to allow for normal maintenance of each single-family unit shall prepared,
executed by both property owners and recorded at the Kenosha County
Register of Deeds.
(5)
No building or parts of a building shall exceed 35 feet in height.
(6)
The minimum floor area of each dwelling unit, excluding the
garage, decks, porches and basement, shall be 1,000 square feet with
a minimum first floor area of 700 square feet. The total area of each
dwelling unit, excluding the garage, decks, porches and basements
shall not exceed 2,500 square feet.
(7)
At a minimum each dwelling unit shall include a two-car attached
garage wherein each attached garage shall have a minimum depth of
21 feet and a maximum floor area of 500 square feet.
(8)
The common wall separating the two dwelling units shall be a
minimum of a one-hour fire wall with sound attenuation that extends
from the lowest level upward to be flush against the underside of
the roof, pursuant to the state building code requirements.
(9)
Only one of the dwelling units of a twin house overhead garage
door(s) shall face a public/private street; thus requiring one of
the dwelling units to have a side loaded garage; except for a twin
house wherein each unit is adjacent to a different public/private
street then each dwelling unit is allowed to have its overhead garage
doors(s) face the adjacent public/private street.
(10)
Each dwelling shall be set on a permanent enclosed foundation
with a full basement (eight-foot minimum) constructed per the Wisconsin
Uniform Dwelling Code, unless the soil-bearing capacity does not allow
for such a basement, then a permanent enclosed foundation or a temporary
foundation as defined by this chapter may be allowed by the Village
Zoning Administrator.
(11)
Placement of each dwelling unit shall provide for proper drainage
away from the foundation and shall accommodate drainage on and through
the existing property by not negatively affecting the existing drainage
patterns or the capabilities of draining the abutting properties.
(12)
The main roof of each dwelling unit shall have a minimum roof
pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
(13)
Permitted roof surface materials include: wood shakes, asphalt,
fiberglass, composition or wood shingles, clay tiles, concrete tiles,
slate or other roofing materials as may be approved by the Village
Zoning Administrator.
(14)
Permitted exterior siding materials (including attached accessory
garages and carports) include: brick, stone, wood, stucco, vinyl or
other appropriate siding material as approved by the Village Zoning
Administrator. The exterior siding materials shall extend to the top
of the foundation and within six inches above the final grade.
(15)
The front facade of the building shall be parallel to the adjacent
public street (or, if the street is curved, parallel to a line connecting
the points of intersection of the side lot lines with street right-of-way
line), unless the site is five acres or more in area and the building
is set back a minimum of 100 feet from all property lines, in which
case the building can be appropriately oriented relative to other
surrounding features; or with approval of the Zoning Administrator,
if the site is subject to physical or legal limitations which prevent
the building from being parallel to the public street, in which case
care shall be given to create a sense of harmony between the building
and its surroundings.
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets or
highways and a minimum of 25 feet from nonarterial streets or private
roads.
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
(3)
Wetland setback: 25 feet minimum from the wetlands on the same
property.
(4)
Side setback: no setback to common attached wall between the
two attached dwelling units and 10 feet minimum to nonattached dwelling
side.
(5)
Rear setback: 25 feet minimum.
A.
Primary purpose and characteristics. The R-8 Urban
Two-Family Residential District is intended to provide for two-family
residential development wherein the net density shall not exceed 4.4
dwelling units per acre.
B.
Permitted uses/structures
(2)
Accessory uses/structures, including but not limited
to:
(a)
No more than a total of two of the following detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use per § 420-86.
(h)
Bus shelters per § 420-139B(1)(e).
(j)
Recreational equipment.
(k)
Essential services, which may be constructed
on the lot prior to construction of the permitted principal structure.
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses/structures.
(a)
Community living arrangements within a permitted principal structure [see also § 420-148B(21)].
(b)
Model two-family structure/unit and related temporary real estate sales offices or marketing center located within the model unit or as a separate structure [see also § 420-148B(65)].
(c)
Common recreational facilities accessory to
a two-family complex which is planned and developed as a coordinated
whole and is unified by covenants running with the land and not open
to the general public, such as but not limited to in-ground swimming
pools, hot tubs, sport courts, clubhouses, recreational trails, walking
trails and tot lots located within the common areas of the development,
provided that they are compatible with the surrounding neighborhood
and serve the needs of the residents.
(2)
Accessory uses/structures.
(a)
Common recreational facilities accessory to
a two-family complex which is planned and developed as a coordinated
whole and is unified by covenants running with the land and not open
to the general public, such as but not limited to in-ground swimming
pools, hot tubs, sport courts, clubhouses, recreational trails, walking
trails and tot lots located within the common areas of the development,
provided that they are compatible with the surrounding neighborhood
and serve the needs of the residents.
(b)
Guard houses and gate houses.
D.
Unclassified uses. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.
E.
Lot area and width.
(1)
Lots shall have a minimum area of 20,000 square feet.
(2)
All lots shall have a minimum frontage of 100 feet
in width unless located on a cul-de-sac or curve, in which case the
lot frontage may be reduced to 50 feet of frontage, provided that
there is at least 100 feet of width at the required building setback
line.
F.
Design standards.
(1)
No building or parts of a building shall exceed 35
feet in height.
(2)
The minimum floor area of each two-family structure
(excluding garages, decks and porches) shall be 2,000 square feet
or 1,000 square feet per unit, with the minimum first floor area of
the structure being 1,500 square feet.
(3)
The structure shall be set on an enclosed permanent
foundation unless the soil-bearing capacity, as determined by a structural
engineer, prohibits such foundation.
(4)
Placement of each structure shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(5)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No.
07-50]
(6)
Permitted roof surface materials (including attached
garages) include wood shakes, asphalt, fiberglass, composition or
wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
[Amended 7-20-2020 by Ord. No. 20-25]
(7)
Permitted exterior siding materials (including attached
garages) include brick, stone, stucco, wood, cement board, vinyl or
other appropriate siding material as approved by the Village Zoning
Administrator. At a minimum, 50% of each wall surface, excluding windows,
doors and garage doors, shall be constructed of brick or stone. The
exterior siding materials shall extend to the top of the foundation
and be within six inches above the final grade.
[Amended 7-20-2020 by Ord. No. 20-25]
(8)
The front facade of the building shall be parallel
to the adjacent public street (or, if the street is curved, parallel
to a line connecting the points of intersection of the side lot lines
with the street right-of-way line), unless the site is a minimum of
five acres in area and the building is set back a minimum of 100 feet
from all property lines, in which event the building can be appropriately
oriented relative to other surrounding features; or with approval
of the Zoning Administrator, if the site is subject to physical or
legal limitations which prevent the building from being parallel to
the public street; in which event care shall be taken to create a
sense of harmony between the building and its surroundings.
[Amended 7-20-2020 by Ord. No. 20-25]
(9)
At a minimum each dwelling unit shall include a one-car
attached garage and shall not include more than a three-car attached
garage wherein each attached garage shall have a minimum depth of
21 feet and a maximum floor area of 500 square feet. The attached
garage shall not be rented separately from the residential unit. No
more than four overhead garage doors per structure shall face directly
toward a public right-of-way or private street; this includes four
single overhead garage doors or one double and two single overhead
garage doors or two double garage doors.
[Amended 7-20-2020 by Ord. No. 20-25]
(10)
All exterior additions or alterations shall
be constructed of the same or complementary colors and materials and
in the same architectural style as the principal structure.
(11)
A minimum of 50% of the lot shall remain as
open space.
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets
or highways and a minimum of 30 feet from nonarterial streets or private
roads.
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 10 feet minimum.
(5)
Rear setback: 30 feet minimum.
A.
Primary purpose and characteristics. The R-9 Multiple-Family
Residential District is intended to provide for multiple-family residential
development wherein the net density shall not exceed four dwelling
units per acre.
B.
Permitted uses/structures.
(2)
Accessory uses/structures, including but not limited
to:
(a)
No more than a total of two of the following detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use per § 420-86.
(g)
Bus shelters per § 420-139B(1)(e).
(i)
Essential services, which may be constructed
on the lot prior to construction of the permitted principal structure.
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses/structures.
(a)
Community living arrangements within a permitted principal structure [see also § 420-148B(21)].
(b)
Model units and related temporary real estate sales offices or marketing center located within the model unit or as a separate structure [see also § 420-148B(65)].
(c)
Common recreational facilities accessory to
a multiple-family complex which is planned and developed as a coordinated
whole and is unified by covenants running with the land and not open
to the general public, such as but not limited to in-ground swimming
pools, hot tubs, sport courts, clubhouses, recreational trails, walking
trails and tot lots located within the common areas of the development,
provided that they are compatible with the surrounding neighborhood
and serve the needs of the residents.
(2)
Accessory uses/structures.
(a)
Common recreational facilities accessory to
a multiple-family complex which is planned and developed as a coordinated
whole and is unified by covenants running with the land and not open
to the general public, such as but not limited to in-ground swimming
pools, hot tubs, sport courts, clubhouses, recreational trails, walking
trails and tot lots located within the common areas of the development,
provided that they are compatible with the surrounding neighborhood
and serve the needs of the residents.
(b)
Guard houses and gate houses.
D.
Unclassified uses. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.
E.
Lot area and width.
(1)
Lots shall have a minimum area of 43,560 square feet
(one acre).
(2)
All lots shall have a minimum frontage of 200 feet
in width unless located on a cul-de-sac or curve, in which case the
lot frontage may be reduced to 100 feet of frontage, provided that
there is at least 200 feet of width at the required building setback
line.
F.
Design standards.
(1)
No building or parts of a building shall exceed 35
feet in height.
(2)
The units in each structure shall meet the following
requirements:
[Amended 7-20-2020 by Ord. No. 20-25]
(a)
Efficiency units shall have a minimum floor
area of 400 square feet;
(b)
One-bedroom units shall have a minimum floor area of 650 square
feet;
(c)
Two-bedroom units shall have a minimum floor
area of 1,000 square feet; and
(d)
Three-or-more-bedroom units shall have a minimum
floor area of 1,200 square feet.
(3)
Placement of each structure shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(4)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No.
07-50]
(5)
Permitted roof surface materials (including attached
garages) include wood shakes, asphalt, fiberglass, composition or
wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
[Amended 7-20-2020 by Ord. No. 20-25]
(6)
Permitted exterior siding materials (including attached
garages) include brick, stone, wood, cement board other appropriate
siding material as approved by the Village Zoning Administrator. At
a minimum, 50% of each wall surface, excluding windows, doors and
garage doors, shall be constructed of brick or stone. The exterior
siding materials shall extend to the top of the foundation and be
within six inches above the final grade.
[Amended 7-20-2020 by Ord. No. 20-25]
(7)
The front facade of the building shall be parallel
to the adjacent public street (or, if the street is curved, parallel
to a line connecting the points of intersection of the side lot lines
with the street right-of-way line), unless the site is a minimum of
five acres in area and the building is set back a minimum of 100 feet
from all property lines, in which event the building can be appropriately
oriented relative to other surrounding features; or with approval
of the Zoning Administrator, if the site is subject to physical or
legal limitations which prevent the building from being parallel to
the public street; in which event care shall be taken to create a
sense of harmony between the building and its surroundings.
[Amended 7-20-2020 by Ord. No. 20-25]
(8)
At a minimum each dwelling unit shall include a one-car
attached garage and shall not include more than a three-car attached
garage wherein, each attached garage shall have a minimum depth of
21 feet and a maximum floor area of 500 square feet. The attached
garage shall not be rented separately from the residential unit. No
overhead garage doors shall face directly toward any public right-of-way.
[Amended 7-20-2020 by Ord. No. 20-25]
(9)
All exterior additions or alterations shall be constructed
of the same or complementary colors and materials and in the same
architectural style as the principal structure.
(10)
A minimum of 25% of the lot shall remain as
open space.
(11)
All buildings with more than four livings units shall be equipped
with a fire suppression system as approved by the Village Fire &
Rescue Department.
[Added 7-20-2020 by Ord. No. 20-25]
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets
or highways and a minimum of 40 feet from nonarterial streets or private
roads.
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 20 feet minimum.
(5)
Rear setback: 30 feet minimum.
J.
Hours
for deliveries, or any other activities outside the principal building
that might cause a disturbance to neighboring residential areas (e.g.,
outside loading or unloading, the arrival of deliveries, idling of
delivery trucks, beeping of backing vehicles, and garbage pickup),
except for snow removal: 7:00 a.m. to 10:00 p.m. maximum.
[Added 2-28-2022 by Ord. No. 22-04]
A.
Primary purpose and characteristics. The R-10 Multiple-Family
Residential District is intended to provide for multiple-family residential
development wherein the net density shall not exceed 5.3 dwelling
units per acre.
B.
Permitted uses/structures.
(2)
Accessory uses/structures, including but not limited
to:
(b)
No more than two of the following detached structures: gardening, tool, and storage sheds or gazebos incidental to the residential use per § 420-86.
(h)
Bus shelters per § 420-139B(1)(e).
(j)
Essential services, which may be constructed
on the lot prior to construction of the permitted principal structure.
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses/structures.
(a)
Community living arrangements within a permitted principal structure [see also § 420-148B(21)].
(b)
Model units and related temporary real estate
sales offices or marketing center located within the model unit or
as a separate structure.
(c)
Common recreational facilities accessory to
a multiple-family complex which is planned and developed as a coordinated
whole and is unified by covenants running with the land and not open
to the general public, such as but not limited to in-ground swimming
pools, hot tubs, sport courts, clubhouses, recreational trails, walking
trails and tot lots located within the common areas of the development,
provided that they are compatible with the surrounding neighborhood
and serve the needs of the residents.
(2)
Accessory uses/structures.
(a)
Common recreational facilities accessory to
a multiple-family complex which is planned and developed as a coordinated
whole and is unified by covenants running with the land and not open
to the general public, such as but not limited to in-ground swimming
pools, hot tubs, sport courts, clubhouses, recreational trails, walking
trails and tot lots located within the common areas of the development,
provided that they are compatible with the surrounding neighborhood
and serve the needs of the residents.
(b)
Guard houses and gate houses.
D.
Unclassified uses. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.
E.
Lot area and width.
(1)
Lots shall have a minimum area of 65,340 square feet
(1.5 acres).
(2)
All lots shall have a minimum frontage of 200 feet
in width unless located on a cul-de-sac or curve, in which case the
lot frontage may be reduced to 100 feet of frontage, provided that
there is at least 200 feet of width at the required building setback
line.
F.
Design standards.
(1)
No building or parts of a building shall exceed 35
feet in height.
(2)
The units in each structure shall meet the following
requirements:
[Amended 7-20-2020 by Ord. No. 20-25]
(a)
Efficiency units shall have a minimum floor
area of 400 square feet;
(b)
One-bedroom units shall have a minimum floor area of 650 square
feet;
(c)
Two-bedroom units shall have a minimum floor
area of 1,000 square feet; and
(d)
Three-or-more-bedroom units shall have a minimum
floor area of 1,200 square feet.
(3)
Placement of each structure shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(4)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No.
07-50]
(5)
Permitted roof surface materials (including attached
garages) include wood shakes, asphalt, fiberglass, composition or
wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
[Amended 7-20-2020 by Ord. No. 20-25]
(6)
Permitted exterior siding materials (including attached
garages) include brick, stone, wood, cement board or other appropriate
siding material as approved by the Village Zoning Administrator. At
a minimum, 50% of each wall surface, excluding windows, doors and
garage doors, shall be constructed of brick or stone. The exterior
siding shall extend to the top of the foundation and be within six
inches above the final grade.
[Amended 7-20-2020 by Ord. No. 20-25]
(7)
The front facade of the building shall be parallel
to the adjacent public street (or, if the street is curved, parallel
to a line connecting the points of intersection of the side lot lines
with the street right-of-way line), unless the site is a minimum of
five acres in area and the building is set back a minimum of 100 feet
from all property lines, in which event the building can be appropriately
oriented relative to other surrounding features; or with approval
of the Zoning Administrator, if the site is subject to physical or
legal limitations which prevent the building from being parallel to
the public street; in which event care shall be taken to create a
sense of harmony between the building and its surroundings.
[Amended 7-20-2020 by Ord. No. 20-25]
(8)
At a minimum each dwelling unit shall include a one-car
attached garage and shall not include more than a three-car attached
garage wherein each attached garage shall have a minimum depth of
21 feet and a maximum floor area of 500 square feet. The attached
garage shall not be rented separately from the residential unit. If
underground parking is provided, each unit shall be provided with
one standard parking space in lieu of an attached garage. No overhead
garage doors shall face directly toward a public right-of-way.
[Amended 7-20-2020 by Ord. No. 20-25]
(9)
All exterior additions or alterations shall be constructed
of the same or complementary colors and materials and in the same
architectural style as the principal structure.
(10)
A minimum of 25% of the lot shall remain as
open space.
(11)
All buildings with more than four livings units shall be equipped
with a fire suppression system as approved by the Village Fire &
Rescue Department.
[Added 7-20-2020 by Ord. No. 20-25]
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets
or highways and a minimum of 40 feet from nonarterial streets or private
roads.
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 25 feet minimum.
(5)
Rear setback: 50 feet minimum.
J.
Hours
for deliveries, or any other activities outside the principal building
that might cause a disturbance to neighboring residential areas (e.g.,
outside loading or unloading, the arrival of deliveries, idling of
delivery trucks, beeping of backing vehicles, and garbage pickup),
except for snow removal: 7:00 a.m. to 10:00 p.m. maximum.
[Added 2-28-2022 by Ord. No. 22-04]
A.
Primary purpose and characteristics. The R-11 Multiple-Family
Residential District is intended to provide for multiple-family residential
development wherein the net density shall not exceed 9.6 dwelling
units per acre.
B.
Permitted uses/structures.
(2)
Accessory uses/structures, including but not limited
to:
(a)
No more than a total of three of the following detached structures: private garages per § 420-86.
(b)
No more than a total of two of the following detached structures: gardening, tool, and storage sheds or gazebos incidental to the residential use per § 420-86.
(h)
Bus shelters per § 420-139B(1)(e).
(j)
Essential services, which may be constructed
on the lot prior to construction of the permitted principal structure.
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses/structures.
(a)
One multiple-family structure not to exceed 36 units per structure, which shall include private garages attached to the structure [see also § 420-148B(69)].
(b)
Community living arrangements within a permitted principal structure [see also § 420-148B(22)].
(c)
Model units and related temporary real estate sales offices or marketing center located within the model unit or as a separate structure [see also § 420-148B(65)].
(d)
Common recreational facilities accessory to
a multiple-family complex which is planned and developed as a coordinated
whole and is unified by covenants running with the land and not open
to the general public, such as but not limited to in-ground swimming
pools, hot tubs, sport courts, clubhouses, recreational trails, walking
trails and tot lots located within the common areas of the development,
provided that they are compatible with the surrounding neighborhood
and serve the needs of the residents.
(2)
Accessory uses/structures.
(a)
Common recreational facilities accessory to
a multiple-family complex which is planned and developed as a coordinated
whole and is unified by covenants running with the land and not open
to the general public, such as but not limited to in-ground swimming
pools, hot tubs, sport courts, clubhouses, recreational trails, walking
trails and tot lots located within the common areas of the development,
provided that they are compatible with the surrounding neighborhood
and serve the needs of the residents.
(b)
Guard houses and gate houses.
D.
Unclassified uses. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.
E.
Lot area and width.
(1)
Lots shall have a minimum area of 108,900 square feet
(2.5 acres).
(2)
All lots shall have a minimum frontage of 200 feet
in width unless located on a cul-de-sac or curve, in which case the
lot frontage may be reduced to 100 feet of frontage, provided that
there is at least 200 feet of width at the required building setback
line.
F.
Design standards.
(1)
No building or parts of a building shall exceed 35
feet in height.
(2)
The units in each structure shall meet the following
requirements:
[Amended 7-20-2020 by Ord. No. 20-25]
(a)
Efficiency units shall have a minimum floor
area of 400 square feet;
(b)
One-bedroom units shall have a minimum floor area of 650 square
feet;
(c)
Two-bedroom units shall have a minimum floor
area of 1,000 square feet; and
(d)
Three-or-more-bedroom units shall have a minimum
floor area of 1,200 square feet.
(3)
Placement of each structure shall provide for proper
drainage away from the foundation and shall accommodate drainage on
and through the existing property by not negatively affecting the
existing drainage patterns or the capabilities of draining the abutting
properties.
(4)
The main roof of the dwelling shall have a minimum
roof pitch of 4:12, and the eaves on the main roof shall extend beyond
the nearest vertical wall a minimum of one foot, or the roof pitch
and/or eave length may be reduced as approved by the Village Zoning
Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No.
07-50]
(5)
Permitted roof surface materials (including attached
garages) include wood shakes, asphalt, fiberglass, composition or
wood shingles, clay tiles, concrete tiles, slate or other appropriate
roofing material as approved by the Village Zoning Administrator.
[Amended 7-20-2020 by Ord. No. 20-25]
(6)
Permitted exterior siding materials (including attached
garages) include brick, stone, wood, cement board or other appropriate
siding material as approved by the Village Zoning Administrator. At
a minimum, 50% of each wall surface, excluding windows, doors and
garage doors, shall be constructed of brick or stone. The exterior
siding materials shall extend to the top of the foundation and be
within six inches above the final grade.
[Amended 7-20-2020 by Ord. No. 20-25]
(7)
The front facade of the building shall be parallel
to the adjacent public street (or, if the street is curved, parallel
to a line connecting the points of intersection of the side lot lines
with the street right-of-way line), unless the site is a minimum of
five acres in area and the building is set back a minimum of 100 feet
from all property lines, in which event the building can be appropriately
oriented relative to other surrounding features; or with approval
of the Zoning Administrator, if the site is subject to physical or
legal limitations which prevent the building from being parallel to
the public street; in which event care shall be taken to create a
sense of harmony between the building and its surroundings.
[Amended 7-20-2020 by Ord. No. 20-25]
(8)
At a minimum each dwelling unit shall include a one-car
attached garage and shall not include more than a three-car attached
garage wherein, each attached garage shall have a minimum depth of
21 feet and a maximum floor area of 500 square feet. The attached
garage shall not be rented separately from the residential unit. If
underground parking is provided, each unit shall be provided with
one standard parking space in lieu of an attached garage. No overhead
garage doors shall face directly toward a public right-of-way.
[Amended 7-20-2020 by Ord. No. 20-25]
(9)
All exterior additions or alterations shall be constructed
of the same or complementary colors and materials and in the same
architectural style as the principal structure.
(10)
A minimum of 25% of the lot shall remain as
open space.
(11)
All buildings with more than four livings units shall be equipped
with a fire suppression system as approved by the Village Fire &
Rescue Department.
[Added 7-20-2020 by Ord. No. 20-25]
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets
or highways and a minimum of 40 feet from nonarterial streets or private
roads.
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 30 feet minimum.
(5)
Rear setback: 50 feet minimum.
J.
Hours
for deliveries, or any other activities outside the principal building
that might cause a disturbance to neighboring residential areas (e.g.,
outside loading or unloading, the arrival of deliveries, idling of
delivery trucks, beeping of backing vehicles, and garbage pickup),
except for snow removal: 7:00 a.m. to 10:00 p.m. maximum.
[Added 2-28-2022 by Ord. No. 22-04]
A.
Purpose and characteristics. The R-12 Manufactured
Home/Mobile Home Park Subdivision Residential District is intended
to provide for the location of manufactured/mobile home parks and
manufactured/mobile home subdivisions in a residential setting that
is compatible with adjacent land uses.
B.
Permitted uses.
(1)
Principal uses.
(a)
Foster family homes having fewer than four foster
children and not exceeding eight total occupants and which are in
conformance with all state statutory requirements.
(b)
Essential services.
(c)
One individual manufactured/mobile home on a
lot in a manufactured/mobile home park or subdivision, which may include
a private garage or carport attached to the home.
(2)
Accessory uses.
(a)
No more than one detached gardening, tool or storage shed or gazebo incidental to the residential use on a manufactured/mobile home lot, provided that the storage building does not exceed 150 square feet and subject to the requirements in § 420-86 of this chapter.
(g)
Bus shelters [per § 420-139B(1)(e)].
C.
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1)
Principal uses.
(a)
Manufactured/mobile home parks [per § 420-148B(64)].
(b)
Manufactured/model mobile home and related temporary real estate sales office located within the model unit [per § 420-148B(66)].
(2)
Accessory uses.
(a)
Recreational facilities accessory to a development,
such as pools, clubhouses, recreational trails, walking trails and
tot lots, provided that they are compatible with the surrounding neighborhood
and serve the needs of the residents.
(3)
Guard houses and gate houses [per § 420-139B(1)(m)].
D.
Unclassified uses. Any use not specifically listed
as a permitted use or conditional use shall be considered to be prohibited
except as may be otherwise provided elsewhere in this chapter. In
case of question as to the classification of use, the question shall
be submitted to the Village Board for determination.
E.
Lot area and width.
(1)
Lots in a manufactured/mobile home park or subdivision
shall have a minimum of 7,700 square feet in area.
(2)
If the short side of the manufactured home/mobile
home is parallel to the roadway, then the lot shall not be less than
70 feet in frontage width unless located on a cul-de-sac or curve,
in which case the lot frontage width may be reduced to 45 feet of
frontage width, provided that there is at least 70 feet of width at
the required building setback line and provided that the lot is at
least 110 feet deep.
(3)
If the long side of the manufactured home/mobile home
is parallel to the roadway, the lot shall not be less than 95 feet
in frontage width unless located on a cul-de-sac or curve, in which
case the lot frontage width may be reduced to 60 feet of frontage
width, provided that there is at least 95 feet of width at the required
building setback line and provided that the lot is at least 85 feet
deep.
F.
Manufactured/mobile home standards.
(1)
No building or parts of a building shall exceed 25
feet in height.
(2)
The minimum floor area shall be 600 square feet, excluding
the garage, decks, and porches.
(3)
The unit shall be set on a temporary foundation.
(4)
Vented skirting of flame-resistant material for a
manufactured/mobile home is required. Areas enclosed by such skirting
shall be maintained so as not to provide a harborage for rodents or
create a fire hazard. The skirting material shall be of the same material
and style as the exterior siding and shall extend to the ground.
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(b).
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: not less than eight feet to the side lot line of the manufactured/mobile home, except that if an attached garage or carport is not constructed at the same time that the manufactured/mobile home is constructed, then a fifteen-foot side setback shall be required on at least one side; also except as provided for in § 420-139B(7).
(5)
Rear setback: 20 feet minimum from the manufactured/mobile
home lot line.
A.
Purpose and characteristics. The B-1 Neighborhood
Business District is intended to provide for a cluster of retail,
service and office uses of a type and at a scale designed to serve
the needs of the surrounding residential neighborhoods. B-1 Districts
shall be located at the intersection of two arterial streets or highways.
The territory in each B-1 District shall be contiguous (corner to
corner shall be sufficient), exclusive of intervening streets, highways,
navigable waterways and wetlands. The area of each B-1 District shall
include at least one corner of the intersection and at least five
acres but not more than 20 acres, both exclusive of intervening streets,
highways, navigable waterways and wetlands; provided, however, that
parcels zoned to a business classification as of January 1, 2002,
which could appropriately be zoned B-1 but for the minimum district
area requirement may nevertheless be zoned B-1. No such district shall
be established unless it is in compliance with duly adopted or amended
comprehensive, neighborhood and conceptual plans.
B.
Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-1 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and other Village ordinances and codes:
(1)
Retail uses. The retail sale of any of the following
goods or products is a permitted use in the B-1 District: antiques;
apparel; appliances; art; art supplies; audio recordings; automotive
supplies; bakery goods; bicycles and accessories; books; camping supplies;
candy; cameras and photographic supplies; cards; carpets; cosmetics;
electronic equipment; eye glasses and related products; fabric; firearms
and accessories; flowers; frames; furniture and home furnishings;
gifts; glassware; groceries (with or without alcoholic beverages as
package goods in a grocery store or convenience store); hardware;
hobby and craft supplies; home improvement supplies; ice cream; jewelry;
kitchen and/or bathroom fixtures or accessories; lawn and garden equipment
and supplies (but not including a nursery or greenhouse); luggage;
novelties; marine supplies; musical instruments and accessories; newspapers
and magazines; office supplies; paint; pets and pet supplies; pharmaceuticals;
prepared food not for consumption on the premises; shoes and accessories;
souvenirs; sporting goods; sundries; telephones; tobacco; toys; and
video recordings.
(2)
Service uses. The following service uses are permitted
uses in the B-1 District: art gallery; audio recording rental; bakery
(not selling wholesale); barbershop; beauty salon; book rental; caterer;
coffeehouse; day spa; dance studio; dry cleaning; equipment rental;
equipment repair; financial institution; locksmith; mailing service;
photocopying center; photography studio; photographic development
and printing; physical fitness facility; restaurant (whether or not
alcoholic beverages are served or sold and with or without a dedicated
bar, but not including a drive-in restaurant, a restaurant with a
drive-through facility, a restaurant with outdoor seating or a restaurant
with a dedicated brewing facility); shoe shine or repair service;
skilled trade office, shop and/or retail facility; tailor; tanning
salon; ticket sales; travel agency; upholstery shop; and video recording
rental.
(3)
Office or clinic uses. The following office or clinic
uses are permitted uses in the B-1 District: accounting; architectural;
dental; engineering; financial services; informational services; insurance;
legal; medical (but no ambulance service); and real estate.
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-1 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, and without limitation, the following uses shall not be construed to be permitted uses in the B-1 District:
(1)
Any listed permitted use in the B-2, B-3, B-4 or B-5 District that is not listed in Subsection B above.
(2)
Any listed conditional use in the B-1, B-2, B-3, B-4
or B-5 District.
|
(2.1)
|
Convenient cash business.
[Added 1-15-2007 by Ord. No. 07-01] |
(3)
Funeral home.
(4)
Hotel.
(5)
Motel.
(6)
Indoor/outdoor flea market.
[Amended 10-24-2011 by Ord. No. 11-32]
(7)
Pawnshop.
(8)
Psychic/tarot card/astrology reading.
(9)
Truck stop and/or truck service facility.
(10)
Sale or storage of fireworks.
(11)
Nursery.
(12)
Greenhouse.
(13)
Bakery selling wholesale.
(14)
Adult-oriented uses, including, without limitation,
an adult bookstore, adult cabaret, adult club, adult dry cabaret,
adult movie theater, adult video rental store, adult video store or
adult viewing facility.
(15)
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(16)
Wrecking, junk, demolition and scrap yards.
[Added 4-18-2011 by Ord. No. 11-10]
D.
Conditional uses. The following listed uses may be permitted as conditional uses in the B-1 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and other Village ordinances and codes:
(1)
Service uses. The following service uses may be permitted
as conditional uses in the B-1 District:
(a)
Car wash.
(b)
Day-care facility, either for children or adults.
(c)
Gasoline station.
(d)
Restaurant (not including a drive-in restaurant
or a restaurant with a drive-through facility), whether or not alcoholic
beverages are served or sold, with or without a dedicated brewing
facility, with or without a dedicated bar, and with or without outdoor
seating.
(2)
Miscellaneous uses. The following miscellaneous uses
may be permitted as conditional uses in the B-1 District:
E.
Special licensed uses. Uses requiring a Village adult-oriented-use
license, cabaret license or liquor license granted by the Village
Board (including nonconforming uses) may only be conducted pursuant
to and in accordance with such a license.
(1)
Without limitation, such uses include the following:
(a)
Any restaurant in which alcoholic beverages
are served or sold (some are prohibited in the B-1 District).
(b)
Any cabaret (prohibited in the B-1 District).
(c)
Any tavern (prohibited in the B-1 District).
(d)
Any liquor store (prohibited in the B-1 District).
(e)
Any adult-oriented use, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility (all prohibited in the B-1 District). For existing adult-oriented uses, see § 420-119E(1)(e), which is incorporated by reference to the extent applicable.
(2)
The granting of a Village license by the Village Board
is not assured either by permitted use status or by the granting of
a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-1 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the B-1 District and their
related accessory uses may be located separately or together, and
may be conducted separately or together, with other such permitted
uses and their related accessory uses in the same principal building
in the B-1 District.
(2)
Conditional uses allowed in the B-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the B-1 District and their related accessory uses and conditional uses allowed in the B-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any other use or any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the B-1 District as
of the effective date of Ordinance No. 03-23 (June 4, 2003), and any
related accessory uses as of such date, may be continued in the same
principal building with other uses; provided, however, that no nonconforming
use and no accessory use to a nonconforming use may be extended or
expanded into new areas, and no new accessory use related to such
nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-1 District are allowed, subject to Article IX and all other applicable provisions of this chapter and other Village ordinances and codes, as follows:
(2)
In the event of any issue about whether a particular
use is properly an accessory use, the Zoning Administrator shall have
authority to decide. The Zoning Administrator shall make written findings
to support any such decision.
(3)
New proposed accessory uses to nonconforming uses
(and any prior accessory uses to a nonconforming use that have been
discontinued as actively conducted uses for 12 or more consecutive
months) are prohibited.
H.
Prohibited uses. Uses that are not specifically allowed
in the B-1 District by this chapter are prohibited in the B-1 District.
I.
Dimensional standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-1 District shall comply with the
following dimensional standards to the extent applicable:
(1)
Lot size: one acre minimum, except that the minimum lot size for a freestanding commercial communication structure shall be as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure is as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
Open space: 30% minimum.
(4)
Principal building standards:
(a)
Gross floor area: 1,500 square feet minimum and 5,000 square feet maximum, except that the minimum gross floor area for a utility substation building shall be as prescribed by § 420-148B of this chapter.
(b)
Height: 35 feet maximum.
(c)
Setbacks:
[1]
Street setback: minimum of 65 feet from arterial
streets or highways and a minimum of 30 feet from nonarterial streets
or private roads.
[2]
Side setback: 25 feet minimum.
[3]
Rear setback: 25 feet minimum.
[4]
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5]
Wetland setback: 25 feet minimum.
(5)
Detached accessory building/trash enclosure standards:
(a)
Gross floor area: 300 square feet maximum.
(b)
Height: 15 feet maximum.
(c)
Shall only be located in the side or rear yard.
(d)
Setbacks:
[1]
Street setback: minimum of 65 feet from arterial
streets or highways and a minimum of 30 feet from nonarterial streets
or private roads.
[2]
Side setback: 10 feet minimum.
[3]
Rear setback: 10 feet minimum.
[4]
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5]
Wetland setback: 25 feet minimum.
(e)
Distance between principal building and accessory
building on the same lot: 10 feet minimum.
J.
Design standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-1 District shall comply with the
following design standards to the extent applicable:
(1)
Number of principal structures per lot: one maximum;
provided, however, that attached buildings are allowed if the attachment
is a fire wall between each two attached buildings, with no pedestrian
openings, and that the horizontal distance of the attachment is at
least 75% of the length or width of one of each two attached buildings
and a minimum of 25 feet, and, without limitation, that each such
attached building individually satisfies the minimum gross floor area
restriction for principal buildings and that all such buildings attached
to one another collectively comply with any maximum gross floor area
restriction for principal buildings, and further provided that one
or more nonaccessory commercial communication antennas, whips, panels
or other similar transmission or reception devices (but no towers)
mounted on a principal building or structure are allowed.
(2)
Number of detached accessory buildings and/or detached
trash enclosures: one maximum (may be combined).
(3)
All accessory uses or structures shall be on the same
lot or approved site as the principal use.
(8)
Each use, site, building and structure shall be designed,
laid out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
K.
Operational standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-1 District shall comply with the
following operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to
enter or remain on site for business purposes), except for uses requiring
a Village liquor license: 6:00 a.m. to 11:00 p.m. maximum; for uses
requiring a Village liquor license: as provided in § 125.68(4),
Wis. Stats.
(2)
Hours for deliveries, or any other activities outside
the principal building that might cause a disturbance to neighboring
residential areas (e.g., outside loading or unloading, the arrival
of deliveries, idling of delivery trucks, beeping of backing vehicles,
and garbage pickup), except for snow removal: 7:00 a.m. to 10:00 p.m.
maximum, unless more restrictive hours are required by the Plan Commission
due to its proximity to residential development.
[Amended 2-28-2022 by Ord. No. 22-04]
(3)
Except as otherwise specifically permitted by this
chapter, all business activities shall be conducted within a building.
(4)
No outside storage or display of merchandise is allowed,
except for gasoline station and convenience store uses only and pursuant
to the following:
[Amended 8-17-2009 by Ord. No. 09-47]
(a)
A maximum of one eight-foot-by-six-foot-by-three-foot[(L x H x D
maximum) outdoor ice storage bin is allowed per parcel.
(b)
A maximum of one eight-foot-by-six-foot-by-four-foot (L x H x D maximum)
outdoor liquid propane (LP) storage cage shall be allowed per parcel.
(c)
The ice storage bins and LP storage cages:
[1]
Shall be located against a solid front or side wall of the principal
structure.
[2]
Shall not be located against a rear or back wall of a building.
[3]
Shall not be located in front of windows or doorways and shall not
block or obstruct any windows or doorways.
[4]
Shall not block or obstruct any walkways associated with handicapped
accessibility to the main entrance of the building.
[5]
Shall be maintained in a state of good repair; not dented, crushed
or bent.
[6]
Shall not contain rust and shall not have peeling/chipped paint.
[7]
Shall not be allowed to have plastic banners, streamers or other
signage affixed, placed or attached to the containers.
[8]
Are allowed limited signage on the exterior of the storage units
that is limited to the use therein (i.e., ice and LP gas advertising
signage).
(d)
The LP storage cages:
[1]
Shall be in compliance with the most current edition of the National
Fire Protection Association (NFPA) Standard 58 (Liquefied Petroleum
Gas Code).
[2]
Shall be protected by a bollard, raised sidewalk or some other acceptable
means to provide protection against accidental vehicle impact or damage.
The means of protection shall be reviewed and approved, on a case-by-case
basis, by the Chief of the Fire & Rescue Department, or his/her
designee. The Chief of the Fire & Rescue Department shall determine
the location, spacing and the quantity of the bollard(s). The means
of protection shall not obstruct or inhibit on-site vehicular or pedestrian
traffic flow.
(e)
All LP containers/cylinders shall be stored inside the LP cages.
(5)
No on-site residential uses are allowed.
(6)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(7)
Each building, structure and site shall be maintained
in a neat, presentable, aesthetically pleasing, structurally sound
and nonhazardous condition. All litter and debris shall be promptly
removed.
(8)
Each use, site, building and structure shall be operated
in full compliance with the approved site and operational plan, any
required conditional use permit, any required license and all other
applicable provisions of this chapter and of all other Village ordinances
and codes.
L.
Municipal services required. Except as otherwise specifically
provided in this chapter, and without limitation, no proposed new,
reconstructed or relocated principal building shall be permitted in
the B-1 District unless it is connected to the Village's public sewer
and water systems, and any existing principal building not already
connected to the Village's public sewer and water shall be so connected
before any addition is made to such building, or before any proposed
change in the use of such building is made from one use category to
another (e.g., residential to business); and before any proposed use
is commenced or recommenced in such a building that has been vacant
or unused for 12 consecutive months or longer.
A.
Purpose and characteristics. The B-2 Community Business
District is intended to provide for a cluster of retail, service and
office uses of a type and at a scale designed to serve the entire
community. B-2 Districts shall be located at the intersection of two
arterial streets or highways. The territory in each B-2 District shall
be contiguous (corner to corner shall be sufficient), exclusive of
intervening streets, highways, navigable waterways, wetlands and territory
fronting on the same street or highway that is within the limits of
another municipality. The area of each B-2 District shall include
at least one corner of the intersection and a minimum of five acres,
both exclusive of intervening streets, highways, navigable waterways,
wetlands and territory fronting on the same street or highway that
is within the limits of another municipality; provided, however, that
parcels zoned to a business classification as of January 1, 2002,
which could appropriately be zoned B-2 but for the minimum district
area requirement may nevertheless be zoned B-2. No such district shall
be established unless it is in compliance with duly adopted or amended
comprehensive, neighborhood and conceptual plans.
B.
Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-2 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
[Amended 9-18-2006 by Ord. No. 06-44; 4-7-2014 by Ord. No. 14-08; 5-3-2021 by Ord. No. 21-07; 6-26-2023 by Ord. No. 23-28]
(1)
Retail uses. The retail sale of any of the following goods or
products is a permitted use in the B-2 District: adult-oriented retail
uses (including, without limitation, an adult bookstore or an adult
video store); antiques; apparel; appliances; art; art supplies; audio
recordings; automotive supplies; bakery goods; bicycles and accessories;
books; camping supplies; candy; cameras and photographic supplies;
cards; carpets; cosmetics; electronic equipment; eye glasses and related
products; fabric; firearms and accessories; flowers; frames; furniture
and home furnishings; gifts; glassware; groceries (with or without
alcoholic beverages as package goods in a supermarket, grocery store
or convenience store); hardware; hobby and craft supplies; home improvement
supplies; ice cream; jewelry; kitchen and/or bathroom fixtures or
accessories; lawn and garden equipment and supplies (but not including
a nursery or greenhouse); luggage; novelties; marine supplies; musical
instruments and accessories; newspapers and magazines; office supplies;
paint; pets and pet supplies; pharmaceuticals; prepared food not for
consumption on the premises; shoes and accessories; souvenirs; sporting
goods; sundries; telephones; tobacco; toys; and video recordings.
(2)
Service uses. The following service uses are permitted uses
in the B-2 District: adult-oriented service uses (including, without
limitation, adult club, adult dry cabaret, adult movie theater, adult
video rental store, adult video store or adult viewing facility);
art gallery; audio recording rental; bakery (not selling wholesale);
barbershop; beauty salon; book rental; caterer; coffeehouse; day spa;
dance studio; dry cleaning; equipment rental; equipment repair; financial
institution; funeral home (without a crematorium); hotel, with or
without banquet and/or convention facilities, whether or not alcoholic
beverages are served or sold, and with or without a dedicated bar;
laundromat; library; locksmith; mailing service; photocopying center;
photography studio; photographic development and printing; physical
fitness facility; restaurant (whether or not alcoholic beverages are
served or sold, and with or without a dedicated bar, with or with
outdoor seating, but not including a drive-in restaurant, a restaurant
with a drive-through facility, or a restaurant with a dedicated brewing
facility); shoe shine or repair service; skilled trade office, shop
and/or retail facility; tailor; tanning salon; ticket sales; travel
agency; upholstery shop; and video recording rental.
(3)
Office or clinic uses. The following office or clinic uses are
permitted uses in the B-1 District: accounting; architectural; dental;
engineering; financial services; information services; insurance;
legal; medical (but no ambulance service); and real estate.
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-2 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-2 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the B-2 District:
[Amended 4-18-2011 by Ord. No. 11-10; 10-24-2011 by Ord. No. 11-32; 6-26-2023 by Ord. No. 23-28]
(1)
Any listed permitted use in the B-1, B-3, B-4 or B-5 District that is not listed in Subsection B above.
(2)
Any listed conditional use in the B-1, B-2, B-3, B-4 or B-5
District.
(3)
Motel.
(4)
Indoor/outdoor flea market.
(5)
Pawnshop.
(6)
Psychic/tarot card/astrology reading.
(7)
Truck stop and/or truck service facility.
(8)
Sale or storage of fireworks.
(9)
Nursery.
(10)
Greenhouse.
(11)
Bakery selling wholesale.
(12)
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(13)
Wrecking, junk, demolition and scrap yards.
(14)
Any adult-oriented use that involves the selling, serving, possessing
or consumption of alcoholic beverages.
D.
Conditional uses. The following uses may be permitted as conditional uses in the B-2 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Retail uses. The following retail uses may be permitted
as conditional uses in the B-2 District:
(a)
The retail sale of automobiles, trucks or recreational
vehicles (new or used).
(b)
Liquor store (without a drive-through facility).
(c)
Outdoor display or storage of merchandise related to a principal indoor retail use, except as noted in § 420-119K(4).
[Amended 3-17-2008 by Ord. No. 08-19]
(2)
Service uses. The following service uses may be permitted
as conditional uses in the B-2 District:
(a)
Ambulance service.
(b)
Automobile, truck or recreational vehicle rental.
(c)
Cabaret.
(d)
Car wash (as a principal use or, without limitation,
as an accessory use to a gasoline station).
(e)
Club or lodge, whether or not alcoholic beverages
are served or sold.
(f)
Concert facility, whether or not alcoholic beverages
are served or sold.
|
(f.1)
|
Convenient cash business.
[Added 1-15-2007 by Ord. No. 07-01] |
(g)
Day-care facility, either for children or adults.
(h)
Dinner theater, whether or not alcoholic beverages
are served or sold.
(i)
Drive-in restaurant (in which alcoholic beverages
are not served or sold).
(j)
Drive-through facility associated with any allowed
service use, except as otherwise specifically provided.
(k)
Drive-in theater.
(l)
Dry cabaret.
(m)
Funeral home with a crematorium.
(n)
Gasoline station.
(o)
Indoor commercial recreational facility.
(p)
Mini storage facility.
(q)
Motor vehicle repair and service.
(r)
Movie theater.
(s)
Museum.
(t)
Recording studio.
(u)
Restaurant, whether or not alcoholic beverages
are served or sold, with or without outdoor seating and with or without
a dedicated bar (not including a drive-in restaurant), with one or
more of the following: a drive-through facility and/or a dedicated
brewing facility; provided, however, that no alcoholic beverages shall
be served or sold in or through any drive-through facility.
[Amended 9-18-2006 by Ord. No. 06-44]
(v)
Tattoo studio.
(w)
Tavern, with or without a dedicated brewing
facility.
(x)
Taxidermy.
(y)
Taxi service.
(z)
Theater.
(aa)
Therapeutic massage.
(bb)
Veterinarian office.
(cc)
Veterinarian emergency services office.
[Added 12-17-2007 by Ord. No. 07-58]
(3)
Miscellaneous uses. The following miscellaneous uses
may be permitted as conditional uses in the B-2 District:
E.
Special licensed uses. Uses requiring a Village adult-oriented-use
license, business license or liquor license granted by the Village
Board (including nonconforming uses) may only be conducted pursuant
to and in accordance with such a license.
[Amended 3-3-2008 by Ord. No. 08-17; 6-26-2023 by Ord. No. 23-28]
(1)
Without limitation, such uses include the following:
(a)
Any restaurant in which alcoholic beverages are served or sold
(some are prohibited in the B-2 District).
(b)
(Reserved)
(c)
Any tavern.
(d)
Any liquor store.
(e)
Any adult-oriented use, including, without limitation, an adult
bookstore, adult club, adult dry cabaret, adult movie theater, adult
video rental store, adult video store or adult viewing facility. In
this chapter, an adult-oriented use (e.g., an adult dry cabaret) is
classified and treated as a separate and distinct use from the closest
type of non-adult-oriented use (e.g., a cabaret).
[1]
Adult-oriented uses are allowed in the B-2 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, provided that at the time the application for site and operational plan approval for the commencement or expansion of such proposed adult-oriented use is decided by the Village Plan Commission or Zoning Administrator:
[a]
The physically separate defined area of the building
in which an adult-oriented use is proposed to be commenced or expanded
shall be not less than 300 feet in a direct line from the nearest
lot line of any lot on which any school, church or day-care center
for children is located or has a vested right to locate;
[b]
The physically separate defined area of the building
in which an adult-oriented use is proposed to be commenced or expanded
shall be not less than 300 feet in a direct line from any land area
zoned residential (including street and railroad rights-of-way); and
[c]
The physically separate defined area of the building
in which an adult-oriented use is proposed to be commenced or expanded
shall be not less than 300 feet in a direct line from the physically
separate defined area of the building in which any separately located
adult-oriented use is located or has a vested right to locate.
[2]
In the event that a proposed adult-oriented use involves a use
which would otherwise require a conditional use permit (e.g., a proposed
adult dry cabaret, involving a cabaret that would otherwise require
a conditional use permit), the requirement of an adult-oriented-use
license shall be substituted for the requirement of a conditional
use permit. In the event that an existing use operating under a conditional
use permit proposes to become an adult-oriented use (e.g., a cabaret
for which a conditional use permit has been granted proposes to become
an adult dry cabaret), the conditional use permit for the existing
use shall automatically be terminated upon the granting of an adult-oriented-use
license by the Village Board, so that the adult-oriented use will
not be subject to conditional use permit requirements.
(2)
The granting of a Village license by the Village Board is not
assured either by permitted use status or by the granting of a conditional
use permit or of any other permit or approval under this chapter.
F.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-2 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the B-2 District and their
related accessory uses may be located separately or together, and
may be conducted separately or together, with other such permitted
uses and their related accessory uses in the same principal building
in the B-2 District.
(2)
Conditional uses allowed in the B-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the B-2 District and their related accessory uses and conditional uses allowed in the B-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the B-2 District as
of the effective date of Ordinance No. 03-24 (June 4, 2003) and any
related accessory uses existing as of such date may be continued in
the same principal building with other uses; provided, however, that
no nonconforming use and no accessory use to a nonconforming use may
be extended or expanded into new areas, and no new accessory use related
to such nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-2 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(a)
Accessory uses to principal permitted uses in
the B-2 District are allowed.
(b)
Accessory uses to principal conditional uses allowed in the B-2 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(c)
Accessory uses to principal adult-oriented uses
allowed in the B-2 District are allowed, but only pursuant to and
in accordance with a Village adult-oriented-use license.
(2)
New proposed accessory uses to nonconforming uses
(and any prior accessory uses to a nonconforming use that have been
discontinued as actively conducted uses for 12 or more consecutive
months) are prohibited.
(3)
In the event of any issue about whether a particular
use is properly an accessory use, the Zoning Administrator shall have
authority to decide. The Zoning Administrator shall make written findings
to support any such decision.
H.
Prohibited uses. Uses that are not specifically allowed
in the B-2 District by this chapter are prohibited in the B-2 District.
I.
Dimensional standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-2 District shall comply with the
following dimensional standards to the extent applicable:
(1)
Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter; and further provided that no minimum lot size shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure is as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
Open space: 30% minimum.
(4)
Principal building standards:
(a)
Gross floor area: 4,000 square feet minimum and 25,000 square feet maximum, except that the minimum gross floor area for a utility substation building shall be as prescribed by § 420-148 of this chapter, and except that the maximum gross floor area for a hotel shall not exceed 100,000 square feet.
[Amended 2-21-2008 by Ord. No. 08-04]
(b)
Height: 35 feet maximum, except for a hotel
which shall not exceed 60 feet.
[Amended 2-21-2008 by Ord. No. 08-04]
(c)
Setbacks:
[1]
Street setback: minimum of 65 feet from arterial
streets or highways and a minimum of 40 feet from nonarterial streets
or private roads.
[2]
Side setback: 30 feet minimum.
[3]
Rear setback: 30 feet minimum.
[4]
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5]
Wetland setback: 25 feet minimum.
(5)
Detached accessory building/trash enclosure standards:
detached accessory buildings or trash enclosures are prohibited.
J.
Design standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-2 District shall comply with the
following design standards to the extent applicable:
(1)
Number of principal structures per lot: One maximum;
provided, however, that attached buildings are allowed if the attachment
is a fire wall between each two attached buildings, with no pedestrian
openings, and that the horizontal distance of the attachment is at
least 75% of the length or width of one of each two attached buildings
and a minimum of 75 feet, and, without limitation, that each such
attached building individually satisfies the minimum gross floor area
restriction for principal buildings and that all such buildings attached
to one another collectively comply with any maximum gross floor area
restriction for principal buildings, and further provided that one
or more commercial communication antennas, whips, panels or other
similar transmission or reception devices (but no towers) mounted
on a principal building or structure are allowed.
(2)
Number of detached accessory buildings and/or detached
trash enclosures: none (trash enclosure shall be part of the principal
building).
(3)
All accessory uses or structures shall be on the same
lot or approved site as the principal use.
(8)
Each use, site, building and structure shall be designed,
laid out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
K.
Operational standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-2 District shall comply with the
following operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to
enter or remain on site for business purposes), except for hotels,
for veterinarian emergency services with an approved conditional use
permit, and uses requiring a Village liquor license: 5:00 a.m. to
12:00 midnight maximum; for hotels: no limit; for uses requiring a
Village liquor license: as provided in § 125.68(4), Wis.
Stats.
[Amended 12-17-2007 by Ord. No. 07-58]
(2)
Hours for deliveries, or any other activities outside
the principal building that might cause a disturbance to neighboring
residential areas (e.g., outside loading or unloading, the arrival
of deliveries, idling of delivery trucks, beeping of backing vehicles,
and garbage pickup), except for snow removal: 6:00 a.m. to 10:00 p.m.
maximum, unless more restrictive hours are required by the Plan Commission
due to its proximity to residential development.
[Amended 2-28-2022 by Ord. No. 22-04]
(3)
Except as otherwise specifically permitted by this
chapter, all business activities shall be conducted within a building.
(4)
No outside storage or display of merchandise is allowed,
except for gasoline station and convenience store uses only and pursuant
to the following:
[Amended 3-17-2008 by Ord. No. 08-19]
(a)
A maximum of one eight-foot-by-six-foot-by-three-foot
(L x H x D maximum) outdoor ice storage bin is allowed per parcel.
(b)
A maximum of one eight-foot-by-six-foot-by-four-foot
(L x H x D maximum) outdoor liquid propane (LP) storage cage shall
be allowed per parcel.
(c)
The ice storage bins and LP storage cages:
[1]
Shall be located against a solid front or side
wall of the principal structure.
[2]
Shall not be located against a rear or back
wall of a building.
[3]
Shall not be located in front of windows or
doorways and shall not block or obstruct any windows or doorways.
[4]
Shall not block or obstruct any walkways associated
with handicapped accessibility to the main entrance of the building.
[5]
Shall be maintained in a state of good repair;
not dented, crushed or bent.
[6]
Shall not contain rust and shall not have peeling/chipped
paint.
[7]
Shall not be allowed to have plastic banners,
streamers or other signage affixed, placed or attached to the containers.
[8]
Are allowed limited signage on the exterior
of the storage units that is limited to the use therein (i.e., ice
and LP gas advertising signage).
(d)
The LP storage cages:
[1]
Shall be in compliance with the most current
edition of the National Fire Protection Association (NFPA) Standard
58 (Liquefied Petroleum Gas Code).
[2]
Shall be protected by a bollard, raised sidewalk
or some other acceptable means to provide protection against accidental
vehicle impact or damage. The means of protection shall be reviewed
and approved, on a case-by-case basis, by the Chief of the Fire &
Rescue Department, or his/her designee. The Chief of the Fire &
Rescue Department shall determine the location, spacing and the quantity
of the bollard(s). The means of protection shall not obstruct or inhibit
on-site vehicular or pedestrian traffic flow.
[Amended 8-17-2009 by Ord. No. 09-47]
(e)
All LP containers/cylinders shall be stored
inside the LP cages.
(5)
No on-site residential uses are allowed.
(6)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(7)
Each site, building and structure shall be maintained
in a neat, presentable, aesthetically pleasing, structurally sound
and nonhazardous condition. All litter and debris shall be promptly
removed.
(8)
Each use, site, building and structure shall be operated
in full compliance with the approved site and operational plan, any
required conditional use permit, any required license and all other
applicable provisions of this chapter and of all other Village ordinances
and codes.
L.
Municipal services required. Except as otherwise specifically
provided in this chapter, and without limitation, no proposed new,
reconstructed or relocated principal building shall be permitted in
the B-2 District unless it is connected to the Village's public sewer
and water systems, and any existing principal building not already
connected to the Village's public sewer and water systems shall be
so connected before any proposed addition is made to such building,
or before any proposed change in the use of such building is made
from one use category to another (e.g., residential to business),
and before any proposed use is commenced or recommenced in such a
building that has been vacant or unused for 12 consecutive months
or longer.
A.
The B-3 District. The B-3 Regional Retail Business
District is intended to provide for "big box" retail stores or regional
retail shopping centers to serve the needs of the region as well as
the entire community. The territory in each B-3 District shall be
contiguous (corner to corner shall be sufficient), exclusive of streets,
highways, navigable waterways and wetlands. The area of each B-3 District
shall be at least 20 acres, exclusive of streets, highways, navigable
waterways and wetlands. No such district shall be established unless
it is in compliance with duly adopted or amended comprehensive, neighborhood
and conceptual plans.
B.
Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-3 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Retail uses. The retail sale of any of the following
goods or products is a permitted use in the B-3 District: antiques;
apparel; appliances; art; art supplies; audio recordings; automotive
supplies; bakery goods; bicycles and accessories; books; camping supplies;
candy; cameras and photographic supplies; cards; carpets; cosmetics;
electronic equipment; eye glasses and related products; fabric; firearms
and accessories; flowers; frames; furniture and home furnishings;
gifts; glassware; groceries (with or without alcoholic beverages as
package goods in a supermarket, grocery store or convenience store);
hardware; hobby and craft supplies; home improvement supplies; ice
cream; jewelry; kitchen and/or bathroom fixtures or accessories; lawn
and garden equipment and supplies (but not including a nursery or
greenhouse); luggage; novelties; marine supplies; musical instruments
and accessories; newspapers and magazines; office supplies; paint;
pets and pet supplies; pharmaceuticals; prepared food not for consumption
on the premises; shoes and accessories; souvenirs; sporting goods;
sundries; telephones; tobacco; toys; and video recordings.
(2)
Service uses in regional retail shopping centers.
The following service uses are permitted uses in regional retail shopping
centers in the B-3 District: art gallery; audio recording rental;
bakery (not selling wholesale); barbershop; beauty salon; book rental;
caterer; coffeehouse; day spa; dance studio; dry cleaning; equipment
rental; equipment repair; financial institution; locksmith; mailing
service; photocopying center; photography studio; photographic development
and printing; physical fitness facility; restaurant (excluding a restaurant
that serves or sells alcoholic beverages, drive-in restaurant, a restaurant
with a drive-through facility, a restaurant with outdoor seating or
a restaurant with a dedicated brewing facility); shoe shine or repair
service; tailor; tanning salon; ticket sales; travel agency; upholstery
shop; and video recording rental.
[Amended 10-3-2005 by Ord. No. 05-43; 5-17-2010 by Ord. No. 10-30; 6-26-2023 by Ord. No. 23-26]
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-3 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-3 District, is proposed to be located in a regional retail shopping center, if the use to which it is similar in character is a service use listed in Subsection B(2) above, and if the use is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the B-3 District:
(1)
Any listed permitted use in the B-1, B-2, B-4 or B-5 District that is not listed in Subsection B above.
(2)
Any listed conditional uses in the B-1, B-2, B-3,
B-4 or B-5 District.
|
(2.1)
|
Convenient cash business.
[Added 1-15-2007 by Ord. No. 07-01] |
(3)
Funeral home.
(5)
Motel.
(6)
Indoor/outdoor flea market.
[Amended 10-24-2011 by Ord. No. 11-32]
(7)
Pawnshop.
(8)
Psychic/tarot card/astrology reading.
(9)
Truck stop and/or truck service facility.
(10)
Sale or storage of fireworks.
(11)
Nursery.
(12)
Greenhouse.
(13)
Bakery selling wholesale.
(14)
Adult-oriented uses, including, without limitation,
an adult bookstore, adult cabaret, adult club, adult dry cabaret,
adult movie theater, adult video rental store, adult video store or
adult viewing facility.
(15)
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(16)
Wrecking, junk, demolition and scrap yards.
[Added 4-18-2011 by Ord. No. 11-10]
D.
Conditional uses. The following uses may be permitted as conditional uses in the B-3 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Retail uses. The following retail uses may be permitted
as conditional uses in the B-3 District:
(a)
Liquor store (without a drive-through facility)
located within a regional retail shopping center.
(2)
Service uses. The following service uses may be permitted
as conditional uses in the B-3 District:
(a)
Restaurant located within a regional retail
shopping center, whether or not alcoholic beverages are served or
sold, with or without outdoor seating, and with or without a dedicated
bar (not including a drive-in restaurant or a restaurant with a drive-through
facility), and/or with a dedicated brewing facility.
[Amended 10-3-2005 by Ord. No. 05-43]
(b)
Movie theater.
(c)
Beer garden located within a regional retail shopping center. [See also § 420-148B(9)]
[Amended 6-26-2023 by Ord. No. 23-26]
(d)
Hotel.
[Added 1-21-2008 by Ord. No. 08-05]
(e)
Cabaret or a dry cabaret.
[Added 5-17-2010 by Ord. No. 10-30]
(3)
Miscellaneous uses. The following miscellaneous uses
may be permitted as conditional uses in the B-3 District:
E.
Special licensed uses. Uses requiring a Village adult-oriented-use
license, cabaret license or liquor license granted by the Village
Board (including nonconforming uses) may only be conducted pursuant
to and in accordance with such a license.
(1)
Without limitation, such uses include the following:
(a)
Any restaurant in which alcoholic beverages
are served or sold (some are prohibited in the B-3 District).
(b)
Any cabaret (prohibited in the B-3 District).
(c)
Any tavern (prohibited in the B-3 District).
[Amended 6-26-2023 by Ord. No. 23-26]
(d)
Any liquor store (some are prohibited in the
B-3 District).
(e)
Any adult-oriented use, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility (all prohibited in the B-3 District). For existing adult-oriented uses, see § 420-119E(1)(e), which is incorporated by reference to the extent applicable.
(f)
Any beer garden.
[Added 6-26-2023 by Ord. No. 23-26]
(2)
The granting of a Village license by the Village Board
is not assured either by permitted use status or by the granting of
a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-3 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the B-3 District and their
related accessory uses may be located separately or together, and
may be conducted separately or together, with other such permitted
uses and their related accessory uses in the same principal building
in the B-3 District.
(2)
Conditional uses allowed in the B-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-3 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the B-3 District and their related accessory uses and conditional uses allowed in the B-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-3 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the B-3 District as
of the effective date of Ordinance No. 03-25 (June 4, 2003) and any
related accessory uses existing as of such date may be continued in
the same principal building with other uses; provided, however, that
no nonconforming use and no accessory use to a nonconforming use may
be extended or expanded into new areas, and no new accessory use related
to such nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-3 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(2)
In the event of any issue about whether a particular
use is properly an accessory use, the Zoning Administrator shall have
authority to decide. The Zoning Administrator shall make written findings
to support any such decision.
(3)
New proposed accessory uses to nonconforming uses
(and any prior accessory uses to a nonconforming use that have been
discontinued as actively conducted uses for 12 or more consecutive
months) are prohibited.
H.
Prohibited uses. Uses that are not specifically allowed
in the B-3 District by this chapter are prohibited in the B-3 District.
I.
Dimensional standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-3 District shall comply with the
following dimensional standards to the extent applicable:
(1)
Lot size: 10 acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
Lot frontage on a public street: 600 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 400 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure is as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
Open space: 25% minimum.
(4)
Principal building standards:
(a)
Gross floor area: 50,000 square feet minimum, except that the minimum gross floor area for a utility substation building shall be as prescribed by § 420-148 of this chapter, and except that a hotel shall meet the following minimum requirements:
[Amended 1-21-2008 by Ord. No. 08-05]
(b)
Height: 40 feet maximum, except for a hotel,
which shall not exceed 90 feet.
[Amended 1-21-2008 by Ord. No. 08-05]
(c)
Setbacks:
[1]
Street setback: minimum of 65 feet from arterial
streets or highways and a minimum of 40 feet from nonarterial streets
or private roads.
[2]
Side setback: 45 feet minimum.
[3]
Rear setback: 45 feet minimum.
[4]
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5]
Wetland setback: 25 feet minimum.
(5)
Detached accessory building/trash enclosure standards:
detached accessory buildings or trash enclosures are prohibited.
J.
Design standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-3 District shall comply with the
following design standards to the extent applicable:
(1)
Number of principal structures per lot: one maximum;
provided, however, that attached buildings are allowed if the attachment
is a fire wall between each two attached buildings, with no pedestrian
openings, and that the horizontal distance of the attachment is at
least 75% of the length or width of one of each two attached buildings
and a minimum of 100 feet, and, without limitation, that each such
attached building individually satisfies the minimum gross floor area
restriction for principal buildings and that all such buildings attached
to one another collectively comply with any maximum gross floor area
restriction for principal buildings, and further provided that one
or more commercial communication antennas, whips, panels or other
similar transmission or reception devices (but no towers) mounted
on a principal building or structure are allowed.
(2)
Number of detached accessory buildings and/or detached
trash enclosures: none (trash enclosure shall be part of the principal
building).
(3)
All accessory uses or structures shall be on the same
lot or approved site as the principal use.
(8)
Each use, site, building and structure shall be designed,
laid out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
K.
Operational standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-3 District shall comply with the
following operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to enter or remain on site for business purposes), except for hotels and uses requiring a Village liquor license: 5:00 a.m. to 11:00 p.m. maximum; for hotels: no limit; for uses requiring a Village liquor license: as provided in Chapter 194 of the Village Municipal Code, except a beer garden may be open from 5:00 a.m. to 9:00 a.m. for special events, provided that alcoholic beverages are not served, sold or consumed prior to 9:00 a.m.
[Amended 6-26-2023 by Ord. No. 23-26]
(2)
Except as otherwise specifically permitted by this
chapter, all business activities shall be conducted within a building.
(3)
No outside storage or display of merchandise is allowed.
(4)
No on-site residential uses are allowed.
(5)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6)
Each building, structure and site shall be maintained
in a neat, presentable, aesthetically pleasing, structurally sound
and nonhazardous condition. All litter and debris shall be promptly
removed.
(7)
Each use, site, building and structure shall be operated
in full compliance with the approved site and operational plan, any
required conditional use permit, any required license and all other
applicable provisions of this chapter and of all other Village ordinances
and codes.
(8)
Hours
for deliveries, or any other activities outside the principal building
that might cause a disturbance to neighboring residential areas (e.g.,
outside loading or unloading, the arrival of deliveries, idling of
delivery trucks, beeping of backing vehicles, and garbage pickup),
except for snow removal: 6:00 a.m. to 10:00 p.m. maximum, unless more
restrictive hours are required by the Plan Commission due to its proximity
to residential development.
[Added 2-28-2022 by Ord. No. 22-04]
L.
Municipal services required. Except as otherwise specifically
provided in this chapter, and without limitation, no proposed new,
reconstructed or relocated principal building shall be permitted in
the B-3 District unless it is connected to the Village's public sewer
and water systems, and any existing principal building not already
connected to the Village's public sewer and water systems shall be
so connected before any proposed addition is made to such building,
or before any proposed change in the use of such building is made
from one use category to another (e.g., residential to business),
and before any proposed use is commenced or recommenced in such a
building that has been vacant or unused for 12 consecutive months
or longer.
A.
Purpose and characteristics. The B-4 Freeway Service
Business District is intended to provide for a cluster of hotel, restaurant,
gasoline station and freeway convenience store uses to serve the needs
of freeway travelers as well as the community. B-4 Districts shall
be located near freeway interchanges. The territory in each B-4 District
shall be contiguous (corner to corner shall be sufficient), exclusive
of streets, highways, navigable waterways and wetlands. The area of
each B-4 District shall include a minimum of 10 acres, exclusive of
streets, highways, navigable waterways and wetlands; provided, however,
that parcels zoned to a business classification as of January 1, 2002,
which could appropriately be zoned B-4 but for the minimum district
area requirements may nevertheless be zoned B-4. No such district
shall be established unless it is in compliance with duly adopted
or amended comprehensive, neighborhood and conceptual plans.
B.
Permitted uses. The following listed principal uses are allowed as permitted uses in the B-4 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Restaurant (not including a drive-in restaurant, a
restaurant with a drive-through facility or a restaurant with outdoor
seating), whether or not alcoholic beverages are served or sold, with
or without a dedicated brewing facility and with or without a dedicated
bar.
(2)
Hotel, with or without banquet and/or convention facilities,
and whether or not alcoholic beverages are served or sold, and with
or without a dedicated bar.
(3)
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(4)
Solar energy system for individual users (as an accessory use
per § 420- 88.2).
[Added 5-3-2021 by Ord. No. 21-07]
C.
Conditional uses. The following uses may be permitted as conditional uses in the B-4 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Service uses. The following service uses may be permitted
as conditional uses in the B-4 District:
(a)
Drive-in restaurant (in which alcoholic beverages
are not served or sold).
(b)
Gasoline station with or without a convenience
store and/or a car wash.
(c)
Restaurant (not including a drive-in restaurant)
with a drive-through facility and/or outdoor seating, whether or not
alcoholic beverages area served or sold, with or without a dedicated
brewing facility, and with or without a dedicated bar; provided, however,
that no alcoholic beverages shall be served or sold in or through
a drive-through facility.
(d)
Freeway convenience store (with or without a
drive-through facility).
(e)
Cabaret or a dry cabaret.
[Added 5-17-2010 by Ord. No. 10-30]
(2)
Miscellaneous uses. The following miscellaneous uses
may be permitted as conditional uses in the B-4 District:
(b)
Restaurants or gasoline stations open to the public during hours not routinely allowed pursuant to Subsection J(1) below.
(c)
Electric power substation or gas metering substation.
(e)
Transmission line (electric power or natural
gas).
(f)
Utility substation building (only as a principal
use on its own parcel).
D.
Special licensed uses. Uses requiring a Village adult-oriented-use
license, cabaret license or liquor license granted by the Village
Board (including nonconforming uses) may only be conducted pursuant
to and in accordance with such a license.
(1)
Without limitation, such uses include the following:
(a)
Any restaurant in which alcoholic beverages
are served or sold (some are prohibited in the B-4 District).
(b)
Any cabaret (prohibited in the B-4 District).
(c)
Any tavern (prohibited in the B-4 District).
(d)
Any liquor store (prohibited in the B-4 District).
(e)
Any adult-oriented use, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility (all prohibited in the B-4 District). For existing adult-oriented uses, see § 420-119E(1)(e), which is incorporated by reference to the extent applicable.
(2)
The granting of a Village license by the Village Board
is not assured either by permitted use status or by the granting of
a conditional use permit or of any other permit or approval under
this chapter.
E.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-4 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the B-4 District and their
related accessory uses may be located separately or together, and
may be conducted separately or together, with other such permitted
uses and their related accessory uses in the same principal building
in the B-4 District.
(2)
Conditional uses allowed in the B-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the B-4 District and their related accessory uses and conditional uses allowed in the B-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the B-4 District as
of the effective date of Ordinance No. 03-26 (June 4, 2003) and any
related accessory uses existing as of such date may be continued in
the same principal building with other uses; provided, however, that
no nonconforming use and no accessory use to a nonconforming use may
be extended or expanded into new areas, and no new accessory use related
to such nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
F.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-4 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(2)
In the event of any issue about whether a particular
use is properly an accessory use, the Zoning Administrator shall have
authority to decide. The Zoning Administrator shall make written findings
to support any such decision.
(3)
New proposed accessory uses to nonconforming uses
(and any prior accessory uses to a nonconforming use that have been
discontinued as actively conducted uses for 12 or more consecutive
months) are prohibited.
G.
Prohibited uses. Uses that are not specifically allowed
in the B-4 District by this chapter are prohibited in the B-4 District.
A convenient cash business is prohibited in the B-4 District.
[Amended 1-15-2007 by Ord. No. 07-01]
H.
Dimensional standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-4 District shall comply with the
following dimensional standards to the extent applicable:
(1)
Lot size: 2.5 acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure is as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
Open space: 25% minimum.
(4)
Principal building standards:
(a)
Gross floor area: 4,000 square feet minimum, except that the minimum gross floor area for a utility substation building shall be as prescribed by § 420-148 of this chapter, and except that a hotel shall meet the following minimum requirements:
(b)
Height: 35 feet maximum, except for a hotel,
which shall not exceed 90 feet.
(c)
Setbacks:
[1]
Street setback: minimum of 65 feet from arterial
streets or highways and a minimum of 40 feet from nonarterial streets
or private roads.
[2]
Side setback: 45 feet minimum.
[3]
Rear setback: 45 feet minimum.
[4]
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5]
Wetland setback: 25 feet minimum.
I.
Design standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-4 District shall comply with the
following design standards to the extent applicable:
(1)
Number of principal structures per lot: one maximum;
provided, however, that attached buildings are allowed if the attachment
is a fire wall between each two attached buildings, with no pedestrian
openings, and that the horizontal distance of the attachment is at
least 75% of the length or width of one of each two attached buildings
and a minimum of 25 feet, and, without limitation, that each such
attached building individually satisfies the minimum gross floor area
restriction for principal buildings and that all such buildings attached
to one another collectively comply with any maximum gross floor area
restriction for principal buildings, and further provided that one
or more commercial communication antennas, whips, panels or other
similar transmission or reception devices (but no towers) mounted
on a principal building or structure are allowed.
(2)
Number of detached accessory buildings and/or detached
trash enclosures: none (trash enclosure shall be part of the principal
building).
(3)
All accessory uses or structures shall be on the same
lot or approved site as the principal use.
(8)
Each use, site, building or structure shall be designed,
laid out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
J.
Operational standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-4 District shall comply with the
following operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to
enter or remain on site for business purposes), except for hotels,
uses requiring a Village liquor license or restaurants or gasoline
stations whose hours are established by conditional use permit: 5:00
a.m. to 12:00 midnight maximum; for hotels: no limit; for uses requiring
a Village liquor license: as provided in § 125.68(4), Wis.
Stats.; and for gasoline stations and restaurants: up to 24 hours
pursuant to a conditional use permit.
(2)
Except as otherwise specifically permitted by this
chapter, all business activities shall be conducted within a building.
(3)
No outside storage or display of merchandise is allowed,
except for gasoline station and convenience store uses only and pursuant
to the following:
[Amended 8-17-2009 by Ord. No. 09-47]
(a)
A maximum of one eight-foot-by-six-foot-by-three-foot (L x H x D
maximum) outdoor ice storage bin is allowed per parcel.
(b)
A maximum of one eight-foot-by-six-foot-by-four-foot (L x H x D maximum)
outdoor liquid propane (LP) storage cage shall be allowed per parcel.
(c)
The ice storage bins and LP storage cages:
[1]
Shall be located against a solid front or side wall of the principal
structure.
[2]
Shall not be located against a rear or back wall of a building.
[3]
Shall not be located in front of windows or doorways and shall not
block or obstruct any windows or doorways.
[4]
Shall not block or obstruct any walkways associated with handicapped
accessibility to the main entrance of the building.
[5]
Shall be maintained in a state of good repair; not dented, crushed
or bent.
[6]
Shall not contain rust and shall not have peeling/chipped paint.
[7]
Shall not be allowed to have plastic banners, streamers or other
signage affixed, placed or attached to the containers.
[8]
Are allowed limited signage on the exterior of the storage units
that is limited to the use therein (i.e., ice and LP gas advertising
signage).
(d)
The LP storage cages:
[1]
Shall be in compliance with the most current edition of the National
Fire Protection Association (NFPA) Standard 58 (Liquefied Petroleum
Gas Code).
[2]
Shall be protected by a bollard, raised sidewalk or some other acceptable
means to provide protection against accidental vehicle impact or damage.
The means of protection shall be reviewed and approved, on a case-by-case
basis, by the Chief of the Fire & Rescue Department, or his/her
designee. The Chief of the Fire & Rescue Department shall determine
the location, spacing and the quantity of the bollard(s). The means
of protection shall not obstruct or inhibit on-site vehicular or pedestrian
traffic flow.
(e)
All LP containers/cylinders shall be stored inside the LP cages.
(4)
No on-site residential uses are allowed.
(5)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6)
Each building, structure and site shall be maintained
in a neat, presentable, aesthetically pleasing, structurally sound
and nonhazardous condition. All litter and debris shall be promptly
removed.
(7)
Each use, site, building and structure shall be operated
in full compliance with the approved site and operational plan, any
required conditional use permit, any required license and all other
applicable provisions of this chapter and of all other Village ordinances
and codes.
(8)
Hours
for deliveries, or any other activities outside the principal building
that might cause a disturbance to neighboring residential areas (e.g.,
outside loading or unloading, the arrival of deliveries, idling of
delivery trucks, beeping of backing vehicles, and garbage pickup),
except for snow removal: 6:00 a.m. to 10:00 p.m. maximum, unless more
restrictive hours are required by the Plan Commission due to its proximity
to residential development.
[Added 2-28-2022 by Ord. No. 22-04]
K.
Municipal services required. Except as otherwise specifically
provided in this chapter, and without limitation, no proposed new,
reconstructed or relocated principal building shall be permitted in
the B-4 District unless it is connected to the Village's public sewer
and water systems, and any existing principal building not already
connected to the Village's public sewer and water systems shall be
so connected before any proposed addition is made to such building,
or before any proposed change in the use of such building is made
from one use category to another (e.g., residential to business),
and before any proposed use is commenced or recommenced in such a
building that has been vacant or unused for 12 consecutive months
or longer.
A.
Purpose and characteristics. The B-5 Freeway Office
District is intended to provide for corporate, business and professional
office uses at a community or regional level. B-5 Districts shall
be located near freeway interchanges. The territory in each B-5 District
shall be contiguous (corner to corner shall be sufficient), exclusive
of intervening streets, highways, navigable waterways and wetlands.
The area of each B-5 District shall be a minimum of 15 acres, exclusive
of intervening streets, highways, navigable waterways and wetlands.
No such district shall be established unless it is in compliance with
duly adopted or amended comprehensive, neighborhood and conceptual
plans.
B.
Permitted uses. The following listed principal uses, and certain auxiliary principal uses provided for in Subsection C below, are allowed as permitted uses in the B-5 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
C.
Auxiliary permitted uses. The following listed auxiliary principal uses, and certain unspecified auxiliary principal uses as approved pursuant to Subsection C(3) below, are allowed as permitted uses in the B-5 District, provided that such uses are auxiliary to the permitted office uses(s), in that they are located in the principal office building, and are designed to serve the needs of the occupants of the principal office building, and have no dedicated outside entrance to such building, and have no signage visible from the exterior of such building, and further provided that all auxiliary permitted uses in a principal office building together shall not occupy more than 10% of the gross floor area of such building, all subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Retail auxiliary uses. The retail sale of any of the following goods or products shall be an auxiliary permitted use in a principal office building in the B-5 District, provided that the limitations of this Subsection C are satisfied: bakery goods; books; candy; cards; ice cream; newspapers and magazines; office supplies; pharmaceuticals; sundries; and tobacco.
(2)
Service auxiliary uses. The following service uses shall be auxiliary permitted uses in a principal office building in the B-5 District, provided that the limitations of this Subsection C are satisfied: barbershop; coffeehouse; dry-cleaning service; financial institution; photocopying center; photograph developing and printing; restaurant (not including a drive-in restaurant, a restaurant with drive-through facility, a restaurant with outdoor seating, or a restaurant serving or selling alcoholic beverages); and shoe shine or repair service.
(3)
Unspecified permitted auxiliary uses. The Zoning Administrator shall have authority to approve, as an auxiliary permitted use, a proposed principal use not listed in Subsection C(1) or (2) above, if the proposed use is similar in character to one or more of the listed auxiliary permitted uses in the B-5 District, satisfies all of the limitations of this Subsection C above, and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Notwithstanding the foregoing authorization, the following uses shall not be construed to be auxiliary permitted uses in the B-5 District:
(a)
Any conditional use allowed in the B-1, B-2,
B-3 or B-4 District that is not specifically listed as allowed in
this section.
(b)
Any manufacturing of products, other than that
which is incidental to permitted research, development and testing
activities.
(c)
Any distribution facility for goods or products.
(d)
Any warehousing of goods or products.
(e)
Any cabaret.
(f)
Any dry cabaret.
(g)
Any tavern.
(h)
Any adult-oriented uses, including, without
limitation, an adult bookstore, adult cabaret, adult club, adult dry
cabaret, adult movie theater, adult video rental store, adult video
store or adult viewing facility.
D.
Conditional uses. The following uses may be permitted as conditional uses in the B-5 District pursuant to and in accordance with Article XVIII of this chapter and subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
(2)
Accessory uses (to a principal office use only):
(b)
Detached retreat center, with or without overnight stays, but only for a single company or firm solely occupying a principal office building (exclusive of the area occupied by auxiliary permitted uses pursuant to Subsection C above) having a minimum gross floor area of 100,000 square feet.
(c)
Research, development and testing of products (which may include prototype fabrication of products) or applied research, but only for a single company or firm solely occupying a principal office building (exclusive of the area occupied by auxiliary permitted uses pursuant to Subsection C, above) having a minimum gross floor area of 100,000 square feet, provided that all such research, development and testing activities together do not occupy more than 25% of the gross floor area of such building.
E.
Special licensed uses. Uses requiring a Village adult-oriented-use
license, cabaret license or liquor license granted by the Village
Board (including nonconforming uses) may only be conducted pursuant
to and in accordance with such a license.
(1)
Without limitation, such uses include the following:
(a)
Any restaurant in which alcoholic beverages
are served or sold (some are prohibited in the B-5 District).
(b)
Any cabaret (prohibited in the B-5 District).
(c)
Any tavern (prohibited in the B-5 District).
(d)
Any liquor store (prohibited in the B-5 District).
(e)
Any adult-oriented use, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility (all prohibited in the B-5 District). For existing adult-oriented uses, see § 420-119E(1)(e), which is incorporated by reference to the extent applicable.
(2)
The granting of a Village license by the Village Board
is not assured either by permitted use status or by the granting of
a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-5 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the B-5 District and their
related accessory uses may be located separately or together, and
may be conducted separately or together, with other such permitted
uses and their related accessory uses in the same principal building
in the B-5 District.
(2)
Conditional uses allowed in the B-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the B-5 District and their related accessory uses and conditional uses allowed in the B-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the B-5 District as
of the effective date of Ordinance No. 03-27 (June 4, 2003) and any
related accessory uses existing as of such date may be continued in
the same principal building with other uses; provided, however, that
no nonconforming use and no accessory use to a nonconforming use may
be extended or expanded into new areas, and no new accessory use related
to such nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-5 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(a)
Accessory uses to principal permitted uses in
the B-5 District are allowed.
(b)
Accessory uses to principal conditional uses allowed in the B-5 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(c)
Without limitation, the following uses are allowed as accessory uses in the B-5 District for a single company or firm solely occupying a principal office building (exclusive of the area occupied by auxiliary permitted uses pursuant to Subsection C above) having a minimum of 100,000 square feet of gross floor area: auditorium; cafeteria; conferencing facilities; day care (for children or adults); entrance feature (which may include a guard station, gate house, security checkpoint, or architectural entrance gates); indoor and/or outdoor fitness/recreation facilities; parking, either surface, underground or within an attached parking structure; incidental retail sale of the company's own products; training facilities; tour center; visitor information center; and additional accessory uses allowed as conditional uses in Subsection D(2) above.
(2)
In the event of any issue about whether a particular
use is properly an accessory use, the Zoning Administrator shall have
authority to decide. The Zoning Administrator shall make written findings
to support any such decision.
(3)
New proposed accessory uses to nonconforming uses
(and any prior accessory uses to a nonconforming use that have been
discontinued as actively conducted uses for 12 or more consecutive
months) are prohibited.
H.
Prohibited uses. Uses that are not specifically allowed
in the B-5 District by this chapter are prohibited in the B-5 District.
A convenient cash business is prohibited in the B-5 District.
[Amended 1-15-2007 by Ord. No. 07-01]
I.
Dimensional standards: Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-5 District shall comply with the
following dimensional standards to the extent applicable:
(1)
Lot size: 2.5 acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure is as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
Open space: 25% minimum.
(4)
Principal office building standards:
(a)
Each principal office building shall have a
minimum of two floors above grade.
(b)
The gross floor area of a principal office building
shall be a minimum of 24,000 square feet, and each of the first two
floors above grade shall have a gross floor area of at least 10,000
square feet.
(c)
The gross floor area for all auxiliary permitted
uses within a principal office building shall not exceed 10% of the
gross floor area of such building.
(d)
The gross floor area occupied by research, development
and/or testing of products, and applied research activities, within
a principal office building shall not exceed 25% of the gross floor
area of such building.
(e)
Height: 30 feet minimum.
(f)
Setbacks:
[1]
Street setback: minimum of 65 feet from arterial
streets or highways and a minimum of 40 feet from nonarterial streets
or private roads.
[2]
Side setback: 45 feet minimum.
[3]
Rear setback: 45 feet minimum.
[4]
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5]
Wetland setback: 25 feet minimum.
(5)
Detached office-related accessory building standards:
(c)
Detached retreat facility shall only be located
in the side yard or rear yard.
(d)
Setbacks:
[1]
Street setback for a detached retreat facility:
minimum of 65 feet from arterial streets or highways and a minimum
of 40 feet from nonarterial streets or private roads.
[2]
Street setback for detached guard station/gate
house: 20 feet minimum.
[3]
Side setback: 45 feet minimum.
[4]
Rear setback: 45 feet minimum.
[5]
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[6]
Wetland setback: 25 feet minimum.
(6)
Principal day-care building standards:
(a)
The gross floor area of a principal day-care
building shall be a minimum gross floor area of 10,000 square feet.
(b)
Height: 35 feet maximum.
(c)
Setbacks:
[1]
Street setback: minimum of 65 feet from arterial
streets or highways and a minimum of 40 feet from nonarterial streets
or private roads.
[2]
Side setback: 45 feet minimum.
[3]
Rear setback: 45 feet minimum.
[4]
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5]
Wetland setback: 25 feet minimum.
(7)
Distance between principal building and detached accessory
building on the same lot or parcel: 50 feet minimum.
J.
Design standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-5 District shall comply with the
following design standards to the extent applicable:
(1)
Number of principal structures per lot or parcel:
one maximum; provided, however, that attached buildings are allowed
if the attachment is a fire wall between each two attached buildings,
with no pedestrian openings, and that the horizontal distance of the
attachment is at least 75% of the length or width of one of each two
attached buildings and a minimum of 75 feet, and, without limitation,
that each such attached building individually satisfies the minimum
gross floor area restriction for principal buildings and that all
such buildings attached to one another collectively comply with any
maximum gross floor area restriction for principal buildings, and
further provided that one or more commercial communication antennas,
whips, panels or other similar transmission or reception devices (but
no towers) mounted on a principal building or structure are allowed.
(3)
All trash enclosures shall be part of the principal
building or accessory building.
(4)
All accessory uses or structures shall be on the same
lot or approved site as the principal use.
(5)
A day-care facility may have a fenced recreational
area with accessory recreational structures.
(6)
All loading facilities shall be inside the principal
building.
(10)
No fences are allowed, except as may be required
for a day-care play area.
(11)
Each use, site, building and structure shall
be designed, laid out, constructed and maintained in full compliance
with the approved site and operational plan, any required conditional
use permit, any required license and all other applicable provisions
of this chapter and of all other Village ordinances and codes.
K.
Operational standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the B-5 District shall comply with the
following operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to
enter or remain on site for business purposes): 5:00 a.m. to 12:00
midnight maximum.
(2)
Except as otherwise specifically permitted by this
chapter, all business activities shall be conducted within a building.
(3)
Auxiliary permitted uses located in a principal office building shall satisfy the limitations set forth in Subsection C above.
(4)
No outside storage or display of goods or merchandise
is allowed.
(5)
No on-site residential uses are allowed (overnight stays pursuant to Subsection D(2)(b) shall not be considered a residential use).
(6)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(7)
Each building, structure and site shall be maintained
in a neat, presentable, aesthetically pleasing, structurally sound
and nonhazardous condition. All litter and debris shall be promptly
removed.
(8)
Each use, site, building and structure shall be operated
in full compliance with the approved site and operational plan, any
required conditional use permit, any required license and all other
applicable provisions of this chapter and of all other Village ordinances
and codes.
(9)
Hours
for deliveries, or any other activities outside the principal building
that might cause a disturbance to neighboring residential areas (e.g.,
outside loading or unloading, the arrival of deliveries, idling of
delivery trucks, beeping of backing vehicles, and garbage pickup),
except for snow removal: 6:00 a.m. to 10:00 p.m. maximum, unless more
restrictive hours are required by the Plan Commission due to its proximity
to residential development.
[Added 2-28-2022 by Ord. No. 22-04]
L.
Municipal services required. Except as otherwise specifically
provided in this chapter, and without limitation, no proposed new,
reconstructed or relocated principal building shall be permitted in
the B-5 District unless it is connected to the Village's public sewer
and water systems, and any existing principal building not already
connected to the Village's public sewer and water systems shall be
so connected before any proposed addition is made to such building,
or before any proposed change in the use of such building is made
from one use category to another (e.g., residential to business),
and before any proposed use is commenced or recommenced in such a
building that has been vacant or unused for 12 consecutive months
or longer.
[Added 4-17-2017 by Ord.
No. 17-14]
A.
Purpose and characteristics. The B-6 Freeway Oriented Business Center
District is intended to provide for a cluster of businesses along
and adjacent to the freeway (IH-94) at a density where a full range
of urban services are available for office, retail, and customer services
for adjacent manufacturing and office park uses. The B-6 District
shall be located near freeway interchanges (within 4,000 feet of the
travel lanes of the freeway). The territory in each B-6 District shall
be contiguous (corner to corner shall be sufficient), exclusive of
intervening streets, highways, navigable waterways and wetlands. The
area of each B-6 District shall be a minimum of 15 acres, exclusive
of intervening streets, highways, navigable waterways and wetlands.
No such district shall be established unless it is in compliance with
duly adopted or amended comprehensive, neighborhood and conceptual
plans.
B.
Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-6 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Retail uses. The retail sale of any of the following goods or
products is a permitted use in the B-6 District: antiques; apparel;
appliances; art; art supplies; audio recordings; automotive supplies;
bakery goods; bicycles and accessories; books; camping supplies; candy;
cameras and photographic supplies; cards; carpets; cosmetics; electronic
equipment; eyeglasses and related products; fabric; flowers; frames;
furniture and home furnishings; gifts; glassware; groceries (with
or without alcoholic beverages as package goods in a supermarket,
grocery store or convenience store); hardware, hobby and craft supplies;
ice cream; jewelry; liquor (without a drive-through facility); luggage;
novelties; marine supplies; musical instruments and accessories; newspapers
and magazines; office supplies; paint; pet supplies; pharmaceuticals;
prepared food not for consumption on the premises; shoes and accessories;
souvenirs; sporting goods; sundries; telephones; tobacco; toys; and
video recordings.
(2)
Service uses. The following service uses are permitted uses
in the B-6 District: art gallery; audio recording rental; bakery (not
selling wholesale); barbershop; beauty salon; book rental; caterer;
coffeehouse; day-care facility, either for children or adults; day
spa; dance studio; dry cleaning; equipment rental; equipment repair;
financial institution; hotel, with or without banquet and/or convention
facilities, whether or not alcoholic beverages are served or sold,
and with or without a dedicated bar; library; locksmith; mailing service;
photocopying center; photography studio; photographic development
and printing; physical fitness facility; restaurant (not including
a drive-in restaurant or a restaurant with a drive-through facility),
whether or not alcoholic beverages are served or sold, with or without
outdoor seating, with or without a dedicated brewing facility and
with or without a dedicated bar; retreat center, with or without overnight
stays; shoe shine or repair service; skilled trade office, shop and/or
retail facility; tailor; tanning salon; ticket sales; travel agency;
upholstery shop; and video recording rental.
(3)
Corporate, business and professional office uses.
(4)
Research, development and testing of products (which may include
prototype fabrication of products) or applied research as it relates
to education, training and tourism.
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-6 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-6 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the B-6 District:
(1)
Any listed permitted use in the B-1, B-2, B-3, B-4 or B-5 District that is not listed in Subsection B above.
(2)
Any listed conditional use in the B-1, B-2, B-3, B-4, B-5 or B-6 District that is not listed in Subsection B above.
(3)
Motel.
(4)
Indoor/outdoor flea market.
(5)
Pawnshop.
(6)
Psychic/tarot card/astrology reading.
(7)
Truck stop and/or truck service facility.
(8)
Sale or storage of fireworks.
(9)
Nursery.
(10)
Greenhouse.
(11)
Bakery selling wholesale.
(12)
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(13)
Wrecking, junk, demolition and scrap yards.
D.
Conditional uses. The following uses may be permitted as conditional uses in the B-6 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Service uses. The following service uses may be permitted as
conditional uses in the B-6 District:
(a)
Cabaret.
(b)
Concert facility, whether or not alcoholic beverages are served
or sold.
(c)
Dinner theater, whether or not alcoholic beverages are served
or sold.
(d)
Drive-through facility associated with any allowed service use,
except as otherwise specifically provided.
(e)
Dry cabaret.
(f)
Fire station.
(g)
Gasoline station with or without a car wash.
(h)
Indoor commercial recreational facility.
(i)
Movie theater.
(j)
Museum.
(k)
Recording studio.
(l)
Restaurant (not including a drive-in restaurant), with a drive-through
facility, whether or not alcoholic beverages are served or sold, with
or without outdoor seating, with or without a dedicated brewing facility
and with or without a dedicated bar; provided, however, that no alcoholic
beverages shall be served or sold in or through a drive-through facility.
(m)
Taxi service.
(n)
Theater.
(o)
Therapeutic massage.
(2)
Miscellaneous uses. The following miscellaneous uses may be
permitted as conditional uses in the B-6 District:
(a)
Electric power or gas metering substation (only as a principal
use on its own lot).
(b)
Heliport pad.
(c)
Outdoor display or storage of merchandise related to a principal indoor retail use, except as noted in Subsection K(4) below.
(d)
Restaurants or gasoline stations open to the public during hours not routinely allowed pursuant to Subsection K(1) below for which the conditional use permit shall be renewable on an annual basis or other such time period as prescribed by the Village Plan Commission.
(e)
Transmission line (electric power or natural gas).
(f)
Utility substation building (only as a principal use on its
own lot).
E.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-6 District, subject to Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the B-6 District and their related
accessory uses may be located separately or together, and may be conducted
separately or together, with other such permitted uses and their related
accessory uses in the same principal building in the B-6 District.
(2)
Conditional uses allowed in the B-6 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-6 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the B-6 District and their related accessory uses and conditional uses allowed in the B-6 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-6 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the B-6 District as of the effective
date of Ordinance No. 17-14 (April 17, 2017) and any related accessory
uses existing as of such date may be continued in the same principal
building with other uses; provided, however, that no nonconforming
use and no accessory use to a nonconforming use may be extended or
expanded into new areas, and no new accessory use related to such
nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-6 District are allowed, subject to Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(2)
New proposed accessory uses to nonconforming uses (and any prior
accessory uses to a nonconforming use that have been discontinued
as actively conducted uses for 12 or more consecutive months) are
prohibited.
(3)
In the event of any issue about whether a particular use is
properly an accessory use, the Zoning Administrator shall have authority
to decide. The Zoning Administrator shall make written findings to
support any such decision.
H.
Prohibited uses. Uses that are not specifically allowed in the B-6
District by this chapter are prohibited in the B-6 District.
I.
Dimensional standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the B-6 District shall comply with the following
dimensional standards to the extent applicable:
(1)
Lot size: 2.5 acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure is as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
Open space: 25% minimum.
(4)
Principal building standards:
(a)
Gross floor area: 4,000 square feet minimum and 50,000 square
feet maximum, except:
[1]
The minimum gross floor area for a utility substation building shall be as prescribed by § 420-148 of this chapter;
[2]
There is no maximum gross floor area for a hotel
or conference center;
[3]
An office building shall have minimum of two floors
above grade; the gross floor area of a principal office building shall
be a minimum of 24,000 square feet, and each of the first two floors
above grade shall have a gross floor area of at least 10,000 square
feet with no maximum area; and
[4]
The maximum size of a grocery store shall not exceed
25,000 square feet.
(b)
Height: 40 feet maximum, except a hotel, conference center or
office building shall not exceed 100 feet.
(c)
Setbacks:
[1]
Street setback: minimum of 65 feet from arterial
streets or highways and a minimum of 40 feet from nonarterial streets
or private roads.
[2]
Side setback: 45 feet minimum.
[3]
Rear setback: 45 feet minimum.
[4]
Shore setback: 50 feet minimum adjacent to Lake
Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5]
Wetland setback: 25 feet minimum.
(5)
Detached accessory building/trash enclosure standards: detached
accessory buildings or trash enclosures are prohibited.
J.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the B-6 District shall comply with the following design standards
to the extent applicable:
(1)
Number of principal structures per lot: One maximum; provided,
however, that attached buildings are allowed if the attachment maintains
a fire wall between each two attached buildings, with no pedestrian
openings, and that the horizontal distance of the attachment is at
least 75% of the length or width of one of each two attached buildings
and a minimum of 75 feet, and, without limitation, that each such
attached building individually satisfies the minimum gross floor area
restriction for principal buildings and that all such buildings attached
to one another collectively comply with any maximum gross floor area
restriction for principal buildings, and further provided that one
or more commercial communication antennas, whips, panels or other
similar transmission or reception devices (but no towers) mounted
on a principal building or structure are allowed.
(2)
Number of detached accessory buildings and/or detached trash
enclosures: none (trash enclosure shall be part of the principal building).
(3)
All accessory uses or structures shall be on the same lot or
approved site as the principal use.
(8)
Each use, site, building and structure shall be designed, laid
out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
K.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the B-6 District shall comply with the following
operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to enter or remain
on site for business purposes), except for hotels, retreat centers
with overnight stays and uses requiring a Village liquor license:
5:00 a.m. to 12:00 midnight maximum; for hotels and retreat centers
with overnight stays: no limit; for uses requiring a Village liquor
license: as provided in § 125.68(4), Wis. Stats.
(2)
Hours for deliveries, or any other activities outside the principal
building that might cause a disturbance to neighboring residential
areas (e.g., outside loading or unloading, the arrival of deliveries,
idling of delivery trucks, beeping of backing vehicles, and garbage
pickup), except for snow removal: 6:00 a.m. to 10:00 p.m. maximum,
unless more restrictive hours are required by the Plan Commission
due to its proximity to residential development.
[Amended 2-28-2022 by Ord. No. 22-04]
(3)
Except as otherwise specifically permitted by this chapter,
all business activities shall be conducted within a building.
(4)
No outside storage or display of merchandise is allowed, except
for gasoline station and convenience store uses only and pursuant
to the following:
(a)
A maximum of one eight-foot-by-six-foot-by-three-foot (L x H
x D maximum) outdoor ice storage bin is allowed per parcel.
(b)
A maximum of one eight-foot-by-six-foot-by-four-foot (L x H
x D maximum) outdoor liquid propane (LP) storage cage shall be allowed
per parcel.
(c)
The ice storage bins and LP storage cages:
[1]
Shall be located against a solid front or side
wall of the principal structure.
[2]
Shall not be located against a rear or back wall
of a building.
[3]
Shall not be located in front of windows or doorways
and shall not block or obstruct any windows or doorways.
[4]
Shall not block or obstruct any walkways associated
with handicapped accessibility to the main entrance of the building.
[5]
Shall be maintained in a state of good repair;
not dented, crushed or bent.
[6]
Shall not contain rust and shall not have peeling/chipped
paint.
[7]
Shall not be allowed to have plastic banners, streamers
or other signage affixed, placed or attached to the containers.
[8]
Are allowed limited signage on the exterior of
the storage units that is limited to the use therein (i.e., ice and
LP gas advertising signage).
(d)
The LP storage cages:
[1]
Shall be in compliance with the most current edition
of the National Fire Protection Association (NFPA) Standard 58 (Liquefied
Petroleum Gas Code).
[2]
Shall be protected by a bollard, raised sidewalk
or some other acceptable means to provide protection against accidental
vehicle impact or damage. The means of protection shall be reviewed
and approved, on a case-by-case basis, by the Chief of the Fire &
Rescue Department, or his/her designee. The Chief of the Fire &
Rescue Department shall determine the location, spacing and the quantity
of the bollard(s). The means of protection shall not obstruct or inhibit
on-site vehicular or pedestrian traffic flow.
(e)
All LP containers/cylinders shall be stored inside the LP cages.
(5)
No on-site residential uses are allowed.
(6)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(7)
Each site, building and structure shall be maintained in a neat,
presentable, aesthetically pleasing, structurally sound and nonhazardous
condition. All litter and debris shall be promptly removed.
(8)
Each use, site, building and structure shall be operated in
full compliance with the approved site and operational plan, any required
conditional use permit, any required license and all other applicable
provisions of this chapter and of all other Village ordinances and
codes.
L.
Municipal services required. Except as otherwise specifically provided
in this chapter, and without limitation, no proposed new, reconstructed
or relocated principal building shall be permitted in the B-6 District
unless it is connected to the Village's public sewer and water systems,
and any existing principal building not already connected to the Village's
public sewer and water systems shall be so connected before any proposed
addition is made to such building, or before any proposed change in
the use of such building is made from one use category to another
(e.g., residential to business), and before any proposed use is commenced
or recommenced in such a building that has been vacant or unused for
12 consecutive months or longer.
[Amended 1-15-2007 by Ord. No. 07-01; 5-21-2007 by Ord. No. 07-25; 12-17-2007 by Ord. No. 07-59; 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No.
10-11]
A.
Purpose and characteristics.
(1)
The M-1 Limited Manufacturing District is intended to provide
for limited manufacturing, wholesaling, warehousing and related uses
within an enclosed structure wherein no high-hazard uses are allowed
and the method of manufacturing is not injurious to the point of constituting
a nuisance to the occupants of adjacent properties by reason of the
emission or creation of noise, vibration, smoke, dust or particle
matters, toxic or noxious materials, odors, fire or explosive hazards,
glare or heat and located in those areas where the relationship to
surrounding land uses would create few problems of compatibility.
This district also allows for office parks or individual office buildings
and ancillary uses, which may or may not include space for manufacturing,
assemblies, or warehousing, but provide direct services to the employees
or customers or other uses in the area. It is anticipated that these
areas would be developed in an attractive parklike setting with landscaping,
consistent signage, and similar or compatible building materials and
designed to present an integrated image to customers. No such district
shall be established unless it is in compliance with Village adopted
or amended comprehensive, neighborhood and conceptual plans.
(2)
The uses allowed in the M-1 District are based on the Use and
Occupancy Classification specified in Chapter 3 of the 2006 International
Building Code (2006 IBC), as may be amended from time to time. Where
a use is proposed for a purpose that is not specifically provided
in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited
use in the M-1 District, such use shall be classified in the group
that the occupancy most clearly resembles, according to the firesafety
and relative hazard involved. The Zoning Administrator shall make
the final determination if the use is allowed within the M-1 District.
B.
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C, below, are allowed as permitted uses in the M-1 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Uses classified as Factory Group F in Section 306 of the 2006 IBC, including assembling, disassembling, fabricating, finishing, manufacturing, packaging, distributing, repair or processing operations that are not classified as a Group H Hazard or Group S Storage pursuant to Sections 307 and 311 of the 2006 IBC; provided, however, that the use is not listed as a prohibited use in Subsection C below.
(a)
Factory Industrial F-2 Low-hazard uses that involve the fabrication
or manufacturing of noncombustible materials which during finishing,
packing or processing do not involve a significant fire hazard, as
determined by the Village Fire Chief, including but not limited to
beverages (up to and including twelve-percent alcohol content); brick
and masonry; ceramic products; foundries; glass products; gypsum;
ice; and metal products (fabrication and assembly).
(b)
Factory Industrial F-1 Moderate-hazard uses which are not classified
as Factory Industrial F-2 Low-hazard uses, including but not limited
to aircraft; appliances; athletic equipment; automobiles and other
motor vehicles, bakeries, beverages (over twelve-percent alcohol content);
bicycles; boats, building; brooms or brushes; business machines; cameras
and photo equipment; canvas or similar fabric; carpet and rug (including
cleaning); clothing; construction and agricultural machinery; disinfectants,
dry cleaning and dyeing; electronics; engines (including rebuilding);
food processing; furniture; hemp products; jute products; laundries;
leather products; machinery; metals; millwork (sash and door); motion
pictures and television filming (without spectators); musical instruments,
optical goods; paper mills or products; photographic film; plastic
products; printing or publishing; recreational vehicles; shoes; soaps
and detergents; textiles; tobacco; trailers; upholstering; wood, distillation;
woodworking (cabinet).
(2)
Uses classified as Storage Group S in Section 311 of the 2006 IBC that are not classified as a Group H Hazard pursuant to Section 307 of the 2006 IBC are allowed to be stored and distributed; provided, however, that the use is not listed as a prohibited use in subsection C below.
(a)
Low-hazard storage Group S-2 includes uses for the storage of
noncombustible materials such as products on wood pallets or in paper
cartons with or without single-thickness divisions; or in paper wrappings.
Such products may have a negligible amount of plastic trim such as
knobs, handles or film wrapping. Storage uses include, but not limited
to, beverages (up to and including twelve-percent alcohol in metal,
glass or ceramic containers); cement in bags; chalk and crayons; dairy
products in nonwaxed coated paper containers; dry cell batteries;
electrical coils; electrical motors; empty cans; food products; foods
in noncombustible containers; fresh fruits and vegetables in nonplastic
trays or containers; frozen foods; glass; glass bottles, empty or
filled with noncombustible liquids; gypsum board; inert pigments,
ivory; meats; metal cabinets; metal desks with plastic tops and trim;
metal parts; metals; mirrors; oil-filled and other types of distribution
transformers; parking garages, open or enclosed; porcelain and pottery;
stoves; talc and soapstones; and washer and dryers.
(b)
Moderate-hazard Group S-1 includes uses for the storage of uses
which are not classified as low-hazard storage Group S-1, including
but not limited to aerosols, Level 2 and Level 3; aircraft hangars;
bags: cloth, burlap or paper; bamboos and rattan; baskets; belting:
canvas and leather; books and paper in rolls or packs; boots and shoes;
buttons, including cloth covered, pearl or bone; cardboard and cardboard
boxes; clothing, woolen wearing apparel; cordage; furniture; furs;
glues, mucilage, pastes and size; grains; horns and combs, other than
celluloid; leather, linoleum; lumber; motor vehicle repair garages
complying with the maximum allowable quantities of hazardous materials
listed in Table 307.1(1) of the 2006 IBC; photo engraving; resilient
flooring; silks; soaps; sugar; tobacco, cigars, cigarettes and snuff;
upholstery and mattresses; and wax candles.
(3)
Uses classified as Business Group B in Section 304 of the 2006 IBC that are not classified as a Group H hazard pursuant to Section 307 of the 2006 IBC provided, however, that the use is not listed as a prohibited use in Subsection C, below. Business Group B uses include, among others, the use of a building, or a portion thereof, for office, professional or service-type transactions, which serve as an ancillary uses or support use in the M-1 District: banks; barber- and beauty shops; clinic-outpatient; dry cleaning and laundries, pickup and delivery stations and self-service; electronic data processing; laboratories, testing and research; motor vehicle showrooms, post offices, print shops, professions services (architects, attorneys, dentist, physicians, engineering, etc.); and radio and television stations.
(4)
Day-care facilities, either for children or adults.
(5)
Public administrative offices and public service buildings, including
fire and police stations, community centers, and welcome centers.
(6)
Public or private schools, colleges, universities, technology academies
and any associated administrative offices.
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-1 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the M-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-1 District:
(1)
Any listed permitted use or conditional use specified in the I-1, B-1, B-2, B-3, B-4, B-5, M-2, M-3 and M-4 Districts that is not specifically listed in Subsection B above.
(2)
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(3)
Any adult-oriented uses, including, without limitation, an adult
bookstore, adult cabaret, adult club, adult dry cabaret, adult movie
theater, adult video rental store, adult video store or adult viewing
facility.
(4)
Any use classified as a High-Hazard Group H use pursuant to
Section 307 of the 2006 IBC that involves the manufacturing, processing,
generation or storage of materials that constitute a physical or health
hazard in quantities in excess of those allowed in control areas constructed
and located as required in Section 414 of the 2006 IBC.
(5)
Anhydrous ammonia (bulk storage facility or retail sale).
(6)
Asbestos (storage of).
(7)
Animal hospitals, kennels and pounds.
(8)
Car wash (commercial).
(9)
Concrete and asphalt batch plants.
(10)
Dry cabaret.
(11)
Feed mills.
(12)
Fertilizer (production, sales, storage, mixing or blending).
(13)
Fireworks (manufacturing, storage or sale).
(14)
Flea markets.
(15)
Gas stations with or without a car wash (commercial).
(16)
Greenhouse.
(17)
Hotel.
(18)
Liquor store.
(19)
Livestock sale facilities.
(20)
Motel.
(21)
Nursery.
(22)
Pawnshop.
(23)
Petroleum bulk stations and terminals.
(24)
Psychic/tarot card/astrology reading.
(25)
Recycling facilities.
(26)
Refuse incineration.
(27)
Slaughterhouse.
(28)
Tires (bulk storage).
(29)
Tavern.
(30)
Truck stop and/or truck service facility.
(31)
Wrecking, junk, demolition and scrap yards.
D.
Conditional uses. The following uses may be permitted as conditional uses in the M-1 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Retail or wholesale of merchandise manufactured or stored within
the building, provided that the retail or wholesale use is not classified
as a High-Hazard Group H pursuant to Section 307 of the 2006 IBC.
(2)
Miscellaneous uses. The following miscellaneous uses may be permitted
as conditional uses in the M-1 District:
E.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-1 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the M-1 District and their related accessory
uses may be located separately or together, and may be conducted separately
or together, with other such permitted uses and their related accessory
uses in the same principal building in the M-1 District.
(2)
Conditional uses allowed in the M-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the M-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the M-1 District and their related accessory uses and conditional uses allowed in the M-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the M-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the M-1 District as of the effective
date of Ordinance No. 10-11 (March 15, 2010) and any related accessory
uses existing as of such date may be continued in the same principal
building with other uses; provided, however, that no nonconforming
use and no accessory use to a nonconforming use may be extended or
expanded into new areas, and no new accessory use related to such
nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the M-1 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(2)
New proposed accessory uses to nonconforming uses (and any prior
accessory uses to a nonconforming use that have been discontinued
as actively conducted uses for 12 or more consecutive months) are
prohibited.
(3)
In the event of any issue about whether a particular use is properly
an accessory use, the Zoning Administrator shall have authority to
decide. The Zoning Administrator shall make written findings to support
any such decision.
H.
Temporary uses. Temporary uses may be allowed in the M-1 District pursuant to § 420-140.1 of this chapter.
I.
Prohibited uses. Uses that are not specifically allowed in the M-1
District by this chapter as specified in the foregoing sections are
prohibited in the M-1 District. However, where a use is proposed for
a purpose that is not specifically provided in Chapter 3 of the 2006
IBC and is not specifically listed as a prohibited use in the M-1
District regulations, such use shall be classified in the group that
the occupancy most clearly resembles, according to the firesafety
and relative hazard involved. The Zoning Administrator shall make
the final determination if the use is allowed within the M-1 District.
J.
Dimensional standards. Except as specifically provided in this chapter,
and without limitations, all uses, site, building and structures in
the M-1 District shall comply with the following dimensional standards
to the extent applicable.
(1)
Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter; and further provided that no minimum lot size shall be applicable to transmission lines.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
Lot frontage. Lot frontage on a public street: 150 feet minimum; however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding communication structure is as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to transmission lines.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
Open space: 25% minimum.
(4)
Building standards:
(a)
Gross floor area: No maximum or minimum building area shall
be required in the M-1 District due to the variety of uses within
this district and the diverse building demands of each use.
(b)
Principal building height: 45 feet maximum; however, the height
of a principal building or part thereof may be increased not to exceed
60 feet in height, provided that for every one foot above 45 feet,
said principal structure shall be set back an additional two feet
from the side and rear property lines.
(c)
Accessory building height: 30 feet maximum.
(d)
Setbacks. The following setbacks shall be considered to be minimum
setbacks; greater setback may be required by state building codes.
[1]
Street setback: minimum of 65 feet from arterial streets or
highways and a minimum of 40 feet from nonarterial streets or private
roads for buildings constructed after April 1, 2010, or a minimum
of 65 feet from arterial streets or highways and a minimum of 30 feet
from nonarterial streets or private roads for buildings constructed
before April 1, 2010.
[2]
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[3]
Wetland setback: 25 feet minimum.
[4]
Side setback: 45 feet minimum for all buildings constructed
after April 1, 2010, or 25 feet minimum for all buildings constructed
before April 1, 2010.
[5]
Rear setback: 45 feet minimum for all buildings constructed
after April 1, 2010, or 25 feet minimum for all buildings constructed
before April 1, 2010.
[6]
Separation distances between principal buildings: 45 feet minimum.
[Amended 10-24-2022 by Ord. No. 22-31]
[7]
Separation distances between principal and accessory buildings and
between accessory buildings: 10 feet minimum, unless a greater setback
is required by the Plan Commission for any such use requiring a conditional
use permit.
[Added 10-24-2022 by Ord. No. 22-31]
K.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the M-1 District shall comply with the following design standards
to the extent applicable:
(1)
Number of principal structures per lot: no limit.
(2)
Number of detached accessory buildings: no limit.
(3)
All accessory uses or structures shall be on the same lot or
approved site as the principal use.
(8)
Each use, site, building and structure shall be designed, laid
out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
L.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the M-1 District shall comply with the following
operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to enter or remain
on site for business purposes):
(a)
5:00 a.m. to 12:00 midnight maximum for retail uses allowed
with a conditional use permit.
(b)
5:00 a.m. to 12:00 midnight maximum for day-care facilities,
either for children or adults, and public or private schools, colleges,
universities, technology academies and any associated administrative
offices.
(c)
5:00 a.m. to 12:00 midnight maximum for the following allowed
uses classified as Business Group B in Section 304 of the 2006 IBC:
banks; barbershops and beauty shops; clinic-outpatient; dry cleaning
and laundries, pickup and delivery stations and self-service; motor
vehicle showrooms, post offices, print shops, and professional services
(architects, attorneys, dentists, physicians, engineering, etc.).
(d)
All other uses: no limit.
(2)
Hours for deliveries, or any other activities outside the principal
building (e.g., outside loading or unloading, the arrival of deliveries,
idling of delivery trucks, beeping of backing vehicles, and garbage
pickup), except for snow removal:
(a)
6:00 a.m. to 10:00 p.m. maximum for retail uses allowed with
a conditional use permit.
(b)
6:00 a.m. to 10:00 p.m. maximum for day-care facilities, either
for children or adults, and public or private schools, colleges, universities,
technology academies and any associated administrative offices.
(c)
6:00 a.m. to 10:00 p.m. maximum for the following allowed uses
classified as Business Group B in Section 304 of the 2006 IBC: banks;
barbershops and beauty shops; clinic-outpatient; dry cleaning and
laundries, pickup and delivery stations and self-service; motor vehicle
showrooms, post offices, print shops, and professional services (architects,
attorneys, dentists, physicians, engineering, etc.).
(d)
All other uses: no limit.
(3)
Except as otherwise specifically permitted by this chapter under
a conditional use granted by the Village, all activities shall be
conducted within a building.
(4)
No on-site residential uses are allowed.
(5)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6)
Each site, building and structure shall be maintained in a neat,
presentable, aesthetically pleasing, structurally sound and nonhazardous
condition. All litter and debris shall be promptly removed.
(7)
Each use, site, building and structure shall be operated in
full compliance with the approved site and operational plan, any required
conditional use permit, any required license and all other applicable
provisions of this chapter and of all other Village ordinances and
codes.
[Amended 1-16-2006 by Ord. No. 06-02; 1-15-2007 by Ord. No. 07-01; 12-17-2007 by Ord. No. 07-59; 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No.
10-12]
A.
Purpose and characteristics.
(1)
The M-2 General Manufacturing District is intended to provide for
manufacturing, wholesaling, warehousing and related uses within an
enclosed structure in which high-hazard uses are located within limited
areas and the method of manufacturing is not injurious to the point
of constituting a nuisance to the occupants of adjacent properties
by reason of the emission or creation of noise, vibration, smoke,
dust or particle matters, toxic or noxious materials, odors, fire
or explosive hazards, glare or heat and located in those areas where
the relationship to surrounding land uses would create few problems
of compatibility. This district also allows for office parks or individual
office buildings and ancillary uses, which may or may not include
space for manufacturing, assemblies, or warehousing, but provide direct
services to the employees or customers or other uses in the area.
It is anticipated that these areas would be developed in an attractive
parklike setting with landscaping, consistent signage, and similar
or compatible building materials and designed to present an integrated
image to customers. No such district shall be established unless it
is in compliance with Village adopted or amended comprehensive, neighborhood
and conceptual plans.
(2)
The uses allowed in the M-2 District are based on the Use and Occupancy
Classification specified in Chapter 3 of the 2006 International Building
Code (2006 IBC), as may be amended from time to time. Where a use
is proposed for a purpose that is not specifically provided in Chapter
3 of the 2006 IBC and is not specifically listed as a prohibited use
in the M-2 District, such use shall be classified in the group that
the occupancy most clearly resembles, according to the firesafety
and relative hazard involved. The Zoning Administrator shall make
the final determination if the use is allowed within the M-2 District.
B.
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the M-2 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(1)
All permitted uses allowed in the M-1 Limited Manufacturing District.
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-2 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the M-2 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-2 District:
(1)
Any listed permitted use or conditional use specified in the I-1, B-1, B-2, B-3, B-4, B-5, M-1, M-3 and M-4 Districts that is not specifically listed in Subsection B above.
(2)
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(3)
Any adult-oriented uses, including, without limitation, an adult
bookstore, adult cabaret, adult club, adult dry cabaret, adult movie
theater, adult video rental store, adult video store or adult viewing
facility.
(4)
Anhydrous ammonia (bulk storage facility or retail sale).
(5)
Asbestos (storage of).
(6)
Animal hospitals, kennels and pounds.
(7)
Car wash (commercial).
(8)
Concrete and asphalt batch plants.
(9)
Dry cabaret.
(10)
Fertilizer (production, sales, storage, mixing or blending).
(11)
Feed mills.
(12)
Fireworks (manufacturing, storage or sale).
(13)
Flea markets.
(14)
Gas stations with or without a car wash (commercial).
(15)
Greenhouse.
(16)
Hotel.
(17)
Liquor store.
(18)
Livestock sale facilities.
(19)
Motel.
(20)
Nursery.
(21)
Pawnshop.
(22)
Petroleum bulk stations and terminals.
(23)
Psychic/tarot card/astrology reading.
(24)
Refuse incineration.
(25)
Slaughterhouse.
(26)
Tavern.
(27)
Tires (bulk storage).
(28)
Truck stop and/or truck service facility.
(29)
Wrecking, junk, demolition and scrap yards.
D.
Conditional uses. The following uses may be permitted as conditional uses in the M-2 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
A principal or accessory use classified as a High-Hazard Group H use pursuant to Section 307 of the 2006 IBC that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas constructed and located as required in Section 414 of the 2006 IBC; provided, however, that the use is not listed as a prohibited use in Subsection C above, shall not be commenced or expanded on any parcel zoned M-2 as shown on Illustration 8 in Appendix A.[1]
[Amended 7-20-2020 by Ord. No. 20-26]
[1]
Editor's Note: Appendix A is an attachment
to this chapter.
(2)
Recycling facilities (indoors).
(3)
Retail or wholesale of merchandise manufactured or stored within
the building, provided that the retail or wholesale use is not classified
as a High-Hazard Group H pursuant to Section 307 of the 2006 IBC.
(4)
Miscellaneous uses. The following miscellaneous uses may be permitted
as conditional uses in the M-2 District:
E.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-2 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the M-2 District and their related accessory
uses may be located separately or together, and may be conducted separately
or together, with other such permitted uses and their related accessory
uses in the same principal building in the M-2 District.
(2)
Conditional uses allowed in the M-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the M-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the M-2 District and their related accessory uses and conditional uses allowed in the M-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the M-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the M-2 District as of the effective
date of Ordinance No. 10-12 (March 15, 2010) and any related accessory
uses existing as of such date may be continued in the same principal
building with other uses; provided, however, that no nonconforming
use and no accessory use to a nonconforming use may be extended or
expanded into new areas, and no new accessory use related to such
nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the M-2 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(2)
New proposed accessory uses to nonconforming uses (and any prior
accessory uses to a nonconforming use that have been discontinued
as actively conducted uses for 12 or more consecutive months) are
prohibited.
(3)
In the event of any issue about whether a particular use is properly
an accessory use, the Zoning Administrator shall have authority to
decide. The Zoning Administrator shall make written findings to support
any such decision.
H.
Temporary uses. Temporary uses may be allowed in the M-2 District pursuant to § 420-140.1 of this chapter.
I.
Prohibited uses. Uses that are not specifically allowed in the M-2
District by this chapter as specified in the foregoing sections are
prohibited in the M-2 District. However, where a use is proposed for
a purpose that is not specifically provided in Chapter 3 of the 2006
IBC and is not specifically listed as a prohibited use in the M-2
District regulations, such use shall be classified in the group that
the occupancy most clearly resembles, according to the firesafety
and relative hazard involved. The Zoning Administrator shall make
the final determination if the use is allowed within the M-2 District.
J.
Dimensional standards. Except as specifically provided in this chapter,
and without limitations, all uses, site, building and structures in
the M-2 District shall comply with the following dimensional standards
to the extent applicable:
(1)
Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter; and further provided that no minimum lot size shall be applicable to transmission lines.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
Lot frontage. Lot frontage on a public street: 150 feet minimum; however, on a substantial curve, the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding communication structure is as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to transmission lines.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
Open space: 25% minimum.
(4)
Building standards:
(a)
Gross floor area: No maximum or minimum building area shall
be required in the M-2 District due to the variety of uses within
this district and the diverse building demands of each use.
(b)
Principal building height: 60 feet maximum; however, the height
of a principal building or part thereof may be increased to a maximum
of 90 feet in height, provided that for every one foot above 60 feet,
said principal structure shall be set back an additional 1.5 feet
from all property lines.
[Amended 10-15-2012 by Ord. No. 12-38]
(c)
Accessory building height: 30 feet maximum.
(d)
Setbacks. The following setbacks shall be considered to be minimum
setbacks; greater setback may be required by state building codes.
[1]
Street setback: minimum of 65 feet from arterial streets or
highways and a minimum of 40 feet from nonarterial streets or private
roads for buildings constructed after April 1, 2010, or a minimum
of 65 feet from arterial streets or highways and a minimum of 30 feet
from nonarterial streets or private roads for buildings constructed
before April 1, 2010.
[2]
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[3]
Wetland setback: 25 feet minimum.
[4]
Side setback: 45 feet minimum for all buildings constructed
after April 1, 2010, or 25 feet minimum for all buildings constructed
before April 1, 2010.
[5]
Rear setback: 45 feet minimum for all buildings constructed
after April 1, 2010, or 25 feet minimum for all buildings constructed
before April 1, 2010.
[6]
Separation distances between principal buildings: 45 feet minimum.
[Amended 10-24-2022 by Ord. No. 22-31]
[7]
Separation distances between principal and accessory buildings and
between accessory buildings: 10 feet minimum, unless a greater setback
is required by the Plan Commission for any such use requiring a conditional
use permit.
[Added 10-24-2022 by Ord. No. 22-31]
K.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the M-2 District shall comply with the following design standards
to the extent applicable:
(1)
Number of principal structures per lot: no limit.
(2)
Number of detached accessory buildings: no limit.
(3)
All accessory uses or structures shall be on the same lot or
approved site as the principal use.
(8)
Each use, site, building and structure shall be designed, laid
out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
L.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the M-2 District shall comply with the following
operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to enter or remain
on site for business purposes):
(a)
5:00 a.m. to 12:00 midnight maximum for retail uses allowed
with a conditional use permit.
(b)
5:00 a.m. to 12:00 midnight maximum for day-care facilities,
either for children or adults, and public or private schools, colleges,
universities, technology academies and any associated administrative
offices.
(c)
5:00 a.m. to 12:00 midnight maximum for the following allowed
uses classified as Business Group B in Section 304 of the 2006 IBC:
banks; barbershops and beauty shops; clinic-outpatient; dry cleaning
and laundries, pickup and delivery stations and self-service; motor
vehicle showrooms, post offices, print shops, and professional services
(architects, attorneys, dentists, physicians, engineering, etc.).
(d)
All other uses: no limit.
(2)
Hours for deliveries, or any other activities outside the principal
building (e.g., outside loading or unloading, the arrival of deliveries,
idling of delivery trucks, beeping of backing vehicles, and garbage
pickup), except for snow removal:
(a)
6:00 a.m. to 10:00 p.m. maximum for retail uses allowed with
a conditional use permit.
(b)
6:00 a.m. to 10:00 p.m. maximum for day-care facilities, either
for children or adults, and public or private schools, colleges, universities,
technology academies and any associated administrative offices.
(c)
6:00 a.m. to 10:00 p.m. maximum for the following allowed uses
classified as Business Group B in Section 304 of the 2006 IBC: banks;
barbershops and beauty shops; clinic-outpatient; dry cleaning and
laundries, pickup and delivery stations and self-service; motor vehicle
showrooms, post offices, print shops, and professions services (architects,
attorneys, dentist, physicians, engineering, etc.).
(d)
All other uses: no limit.
(3)
Except as otherwise specifically permitted by this chapter under
a conditional use granted by the Village, all activities shall be
conducted within a building.
(4)
No on-site residential uses are allowed.
(5)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6)
Each site, building and structure shall be maintained in a neat,
presentable, aesthetically pleasing, structurally sound and nonhazardous
condition. All litter and debris shall be promptly removed.
(7)
Each use, site, building and structure shall be operated in
full compliance with the approved site and operational plan, any required
conditional use permit, any required license and all other applicable
provisions of this chapter and of all other Village ordinances and
codes.
A.
Primary purpose and characteristics. The M-3 Mineral
Extraction and Landfill District is intended to provide for the orderly
continuation of existing quarries and related operations and to provide
for new operations that provide maximum protection to the natural
environment.[1] This district further provides for the restoration of
quarries in a manner that will not deteriorate the natural environment
of the Village. In addition to quarrying uses, the district provides
for the location of municipal liquid and solid waste disposal sites.
D.
Conditional uses (see also Article XVIII).
(1)
Caretaker's quarters.
(2)
Concrete and asphalt batch plants.
(3)
Garbage incinerators.
(4)
Manufacturing of cement or concrete products.
(5)
Manufacturing of lime, gypsum or plaster of paris.
(6)
Mining or extraction of rock, slate, gravel, sand,
topsoil and other minerals.
(7)
Sanitary landfill operations.
(8)
Storage of mineral products or machinery.
(9)
Utilities and substations.
(10)
Washing, refining or processing of rock, slate,
gravel, sand or minerals processed from the topsoil.
(11)
Wind energy conversion systems.
E.
Lot area and width. Lots in the M-3 Mineral Extraction and Landfill District shall provide sufficient area for all structures, the extractive industrial operation, off-street parking and loading as required in Article VIII of this chapter and all required setbacks.
G.
Setbacks.
(1)
Extractive industrial operations and landfills shall
be set back a minimum of 200 feet from the right-of-way of all highways
or roads and all property lines.
(2)
Incinerators, sewage treatment facilities, utilities,
and accessory uses, such as offices, parking areas and stockpiles,
shall be set back a minimum of 100 feet from the right-of-way of all
highways or roads and all property lines.
J.
Hours
for deliveries, or any other activities outside the principal building
(e.g., outside loading or unloading, the arrival of deliveries, idling
of delivery trucks, beeping of backing vehicles, and garbage pickup),
except for snow removal: 6:00 a.m. to 10:00 p.m., unless more restrictive
hours are required by the Plan Commission due to its proximity to
residential development.
[Added 2-28-2022 by Ord. No. 22-04]
[Added 3-15-2010 by Ord. No. 10-13]
A.
Purpose and characteristics. The M-4 Power Generating District is
intended to provide for electrical, steam, power and/or heat generating
plants, electrical light plants and power houses and related accessory
uses that are not injurious to the point of constituting a nuisance
to the occupants of adjacent properties by reason of the emission
or creation of noise, vibration, smoke, dust or particle matters,
toxic or noxious materials, odors, fire or explosive hazards, glare
or heat and located in those areas where the relationship to surrounding
land use would create few problems of compatibility. No such district
shall be established unless it is in compliance with Village adopted
or amended comprehensive, neighborhood and conceptual plans.
B.
Permitted uses. The following listed principal and accessory uses related to power generating facilities and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the M-4 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Office uses classified as a Business Group B in Section 304
of the Chapter 3 of the 2006 International Building Code (2006 IBC),
as amended from time to time, that are not classified as a Group H
hazard pursuant to Section 307 of the 2006 IBC.
(2)
Entry and security offices or buildings, provided that the use
is not classified as a Group H hazard pursuant to Section 307 of the
2006 IBC.
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-4 District a proposed principal use or accessory use not listed in Subsection B above if the proposed use is similar in character to the listed permitted use and is not expressly prohibited. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-4 District:
D.
Conditional uses. The following uses may be permitted as conditional uses in the M-4 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
E.
Accessory uses. Accessory uses to a permitted principal use or a conditional use that are not specified in Subsection B above may be allowed in the M-4 District, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter. In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
F.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
G.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-4 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the M-4 District and their related
accessory uses may be located separately or together, and may be conducted
separately or together, with other such permitted uses and their related
accessory uses in the same principal building or on the same site
in the M-4 District.
(2)
Conditional uses allowed in the M-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building or on the same site in the M-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the M-4 District and their related accessory uses and conditional uses allowed in the M-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building or on the same site in the M-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the M-4 District as of the effective
date of Ordinance No. 10-13 (March 15, 2010) and any related accessory
uses existing as of such date may be continued in the same principal
building with other uses; provided, however, that no nonconforming
use and no accessory use to a nonconforming use may be extended or
expanded into new areas, and no new accessory use related to such
nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
H.
Temporary uses. Temporary uses may be allowed in the M-4 District pursuant to § 420-140.1 of this chapter.
I.
Prohibited uses. Uses that are not specifically allowed in the M-4
District by this chapter as specified in the foregoing sections are
prohibited in the M-4 District.
J.
Dimensional standards. Except as specifically provided in this chapter,
and without limitations, all uses, sites, buildings and structures
in the M-4 District shall comply with the following dimensional standards
to the extent applicable:
(1)
Lot size: 50 acres minimum.
(2)
Lot frontage. Lot frontage on a public street: 300 feet minimum.
(3)
Open space: 40% minimum.
(4)
Building standards:
(a)
Gross floor area: No maximum or minimum building area shall
be required in the M-4 District due to the variety of uses within
this district and the diverse building demands of each use.
(b)
Height: 250 feet maximum; however, the height of a building
or part thereof may be increased not to exceed 300 feet in height,
provided that for every one foot above 250 feet, said principal structure
shall be set back an additional 10 feet from the street, side and
rear property lines.
(c)
Setbacks. The following setbacks shall be considered to be minimum
setbacks; greater setback may be required by state building codes:
[1]
Street setback: minimum of 200 feet from all streets
or highways, except for entry security buildings, which shall be set
back a minimum of 65 feet from all streets.
[2]
Shore setback: 50 feet minimum adjacent to Lake
Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[3]
Wetland setback: 25 feet minimum.
[4]
Side setback: 200 feet minimum.
[5]
Rear setback: 200 feet minimum.
[6]
Separation distance between buildings: 10 feet
minimum.
K.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the M-4 District shall comply with the following design standards
to the extent applicable:
(1)
Number of principal structures per lot: no maximum.
(2)
Number of detached accessory buildings: no maximum.
(3)
All accessory uses or structures shall be on the same lot or
approved site as the principal use.
(8)
Each use, site, building and structure shall be designed, laid
out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
L.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the M-4 District shall comply with the following
operational standards to the extent applicable:
(1)
Hours of operation, including deliveries: no limit.
(2)
Except as otherwise specifically permitted by this chapter under
a conditional use granted by the Village, all activities shall be
conducted within a building.
(3)
No on-site residential uses are allowed.
(4)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(5)
Each site, building and structure shall be maintained in a neat,
presentable, aesthetically pleasing, structurally sound and nonhazardous
condition. All litter and debris shall be promptly removed.
(6)
Each use, site, building and structure shall be operated in
full compliance with the approved site and operational plan, any required
conditional use permit, any required license and all other applicable
provisions of this chapter and of all other Village ordinances and
codes.
[Amended 4-7-2014 by Ord. No. 14-08; 4-17-2017 by Ord. No. 17-12; 7-17-2017 by Ord. No. 17-32; 2-19-2018 by Ord. No. 18-07;5-14-2018 by Ord. No. 18-19]
A.
Purpose and characteristics.
(1)
The M-5 Production Manufacturing District is intended to provide
for manufacturing, assembly, office, and research and development
uses with limited warehouse and distribution uses within an enclosed
structure wherein no high hazard uses are allowed and the method of
manufacturing is not injurious to the point of constituting a nuisance
to the occupants of adjacent properties by reason of the emission
or creation of noise, vibration, smoke, dust or particle matters,
toxic or noxious materials, odors, fire or explosive hazards, glare
or heat and located in those areas where the relationship to surrounding
land uses would create few problems of compatibility. This district
also allows for office parks or individual office buildings and ancillary
uses, which may or may not include space for manufacturing, assemblies,
or research and development but provides direct services to the employees
or customers or other uses in the area. It is anticipated that these
areas would be developed in an attractive corporate parklike setting
with landscaping, consistent signage, and similar or compatible building
materials and designed to present an integrated image to customers.
No such district shall be established unless it is in compliance with
Village adopted or amended comprehensive, neighborhood and conceptual
plans.
(2)
Some of the uses allowed in the M-5 District are based on the
Use and Occupancy Classification specified in Chapter 3 of the 2006
International Building Code (2006 IBC), as may be amended from time
to time. Where a use is proposed for a purpose that is not specifically
provided in Chapter 3 of the 2006 IBC and is not specifically listed
as a prohibited use in the M-5 District, such use shall be classified
in the group that the occupancy most clearly resembles, according
to the firesafety and relative hazard involved. The Zoning Administrator
shall make the final determination if the use is allowed within the
M-5 District.
B.
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the M-5 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(1)
Uses classified as Factory Group F in Section 306 of the 2006 IBC, including assembling, disassembling, fabricating, finishing, manufacturing, packaging, distributing [pursuant to Subsection C(3) below], repair or processing operations that are not classified as a Group H Hazard or Group S Storage pursuant to Sections 307 and 311 of the 2006 IBC; provided, however, the use is not listed as a prohibited use in Subsection C below.
(a)
Factory Industrial F-2 Low-hazard uses that involve the fabrication
or manufacturing of noncombustible materials which during finishing,
packing or processing do not involve a significant fire hazard, as
determined by the Village Fire & Rescue Chief, including but not
limited to beverages (up to and included 12% alcohol content); brick
and masonry; ceramic products; foundries; glass products; gypsum;
ice; and metal products (fabrication and assembly).
(b)
Factory Industrial F-1 Moderate-hazard uses which are not classified
as Factory Industrial F-2 Low-hazard uses, including but not limited
to aircraft; appliances; athletic equipment; automobiles and other
motor vehicles; bakeries; beverages (over twelve-percent alcohol content);
bicycles; boats, building; brooms or brushes; business machines; cameras
and photo equipment; canvas or similar fabric; carpet and rug (including
cleaning); clothing; construction and agricultural machinery; disinfectants,
dry cleaning and dyeing; electronics; engines (including rebuilding);
food processing; furniture; hemp products; jute products; laundries;
leather products; lighting products; machinery; metals; millwork (sash
and door); motion pictures and television filming (without spectators);
musical instruments; optical goods; paper mills or products; photographic
film; plastic products; printing or publishing; recreational vehicles;
shoes; soaps and detergents; textiles; tobacco; trailers; upholstering;
wood, distillation; woodworking (cabinets).
(2)
Corporate, business and professional office uses.
(4)
Stormwater detention or retention facilities.
(5)
Water storage tanks, towers and reservoirs and related appurtenances.
(6)
Medical office facility (operation of a health center for the
provision of medical, surgical, dental, psychiatric and behavioral
care, whether inpatient or outpatient, and related uses, including,
without limitation, a hospital, outpatient surgery center, urgent
care, medical offices, health club, pharmacy, laboratory, auxiliary
uses such as temporary overnight lodging for employees for use while
on duty only, and complimentary retail uses, such as gift shop, food
and beverage and similar uses reasonably auxiliary to the operation
of a health center) with approval of a payment in lieu of taxes (PILOT)
agreement acceptable to the Village, if any portion of the property
is exempt from paying Village of Pleasant Prairie real estate taxes.
C.
Auxiliary permitted uses. The following listed auxiliary principal uses, and certain unspecified auxiliary principal uses as approved pursuant to Subsection C(5) below, are allowed as permitted uses in the M-5 District:
(1)
Retail auxiliary permitted uses. The retail sale of any of the following goods or products shall be an auxiliary permitted use in a principal office building or medical office facility in the M-5 District: bakery goods; books; candy; cards; clothing; electronics; handbags; ice cream; jewelry; leather goods; newspapers and magazines; office supplies; pharmaceuticals; sundries; shoes; and tobacco, provided that the following limitations are satisfied: such uses are auxiliary to the permitted office use(s), in that they are located in the principal office building, and are designed to serve the needs of the occupants of the principal office building, and have no dedicated outside entrance to such building, and have no signage visible from the exterior of such building, and further provided that all retail and service auxiliary permitted uses in a principal office building together shall not occupy more than 10% of the gross floor area of such building, all subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(2)
Service auxiliary permitted uses. The following service uses shall be auxiliary permitted uses in a principal office building or medical office facility in the M-5 District: barbershop; coffeehouse; day care (for children or adults) not open to the general public; dry-cleaning service; financial institution; fitness center not open to the general public; museum; photocopying center; photograph developing and printing; restaurant (not including a drive-in restaurant or a restaurant with drive-through facility); and shoe shine or repair service, provided that the following limitations are satisfied: such uses are auxiliary to the permitted office use(s), in that they are located in the principal office building, and are designed to serve the needs of the occupants of the principal office building, and have no dedicated outside entrance to such building, and have no signage visible from the exterior of such building, and further provided that all service and retail auxiliary permitted uses in a principal office building together shall not occupy more than 10% of the gross floor area of such building, all subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(3)
Warehouse and distribution auxiliary permitted uses. The warehouse
and distribution auxiliary uses which are uses classified as Storage
Group S in Section 311 of the 2006 IBC that are not classified as
a Group H Hazard pursuant to Section 307 of the 2006 IBC shall be
auxiliary permitted uses in a building in the M-5 District, provided
that all of the following limitations shall be satisfied:
[Amended 7-20-2020 by Ord. No. 20-26]
(a)
Such uses are auxiliary to the permitted manufacturing or research
and development use(s), in that they are located in the principal
building;
(b)
All warehouse and distribution auxiliary permitted uses in a
principal building together shall not occupy more than 30% of the
gross floor area of such building, except that the building occupant's
storage of raw materials and finished products assembled or produced
on site shall be exempt from this thirty-percent requirement;
(c)
The building facade area of dock doors is limited to a total
of 25% of the building exterior walls; and
(4)
Corporate campus auxiliary permitted uses. The following auxiliary uses are permitted within a corporate campus development either within any building or a separate standalone building within the corporate campus. A "corporate campus" for this section is defined as a development with multiple buildings on a single lot, provided that a minimum of 60% of the gross floor area of all of the buildings within the campus development is being developed as permitted uses listed in Subsection B(1) and (2) on a single lot with Village approval of a Master Conceptual Plan. As a part of the Master Conceptual Plan, the Village Board may, on a case-by-case basis, allow for buildings to be constructed and occupied in phases pursuant to an approved development agreement, wherein reasonable conditions for the development construction are made and reasonable time frames for the required permitted uses to be constructed and occupied within the corporate campus development are required.
(a)
Retail auxiliary permitted uses. The retail sale of any of the following goods or products: bakery goods; books; candy; cards; clothing; electronics; handbags; ice cream; jewelry; leather goods; newspapers and magazines; office supplies; pharmaceuticals; sundries; shoes; and tobacco, provided that the following limitations are satisfied: such uses are auxiliary to the permitted use(s), in that they are designed to serve the needs of the corporate campus occupants and the needs of the general public, provided that they are subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
[Amended 7-20-2020 by Ord. No. 20-26]
(b)
Retreat center or corporate retreat center, with or without
overnight stays in a separate building on the property of the permitted
use or within the same building as the permitted use on the property.
(c)
Service auxiliary permitted uses. The following service uses: barbershop; coffeehouse; day care (for children or adults) not open to the general public; dry-cleaning service; financial institution; fitness center not open to the general public; museum; photocopying center; photograph developing and printing; restaurant (not including a drive-in restaurant or a restaurant with drive-through facility); and shoe shine or repair service, provided that the following limitations are satisfied: such uses are auxiliary to the permitted use(s), in that they are designed to serve the needs of the corporate campus occupants and the general public, provided that they are subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(d)
Warehouse and distribution uses within a corporate campus are permitted auxiliary to permitted manufacturing use(s) on the lot to the extent all warehouse and distribution auxiliary uses within the corporate campus shall not occupy more than 30% of the gross floor area of all of the buildings on the lot, except that the buildings' occupants' storage of raw materials and finished products assembled or produced on the site shall be exempt from this 30% requirement, the building facade area of dock doors is limited to a total of 25% of any building's exterior walls, and such uses are subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(5)
Unspecified permitted auxiliary uses. The Zoning Administrator shall have authority to approve, as an auxiliary permitted use, a proposed principal use not listed in Subsection C(1), (2), (3) or (4) above, if the proposed use is similar in character to one or more of the listed auxiliary permitted uses in the M-5 District, the use satisfies all of the limitations of this Subsection C above and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Notwithstanding the foregoing authorization, the following uses shall not be construed to be auxiliary permitted uses in the M-5 District:
(a)
Any adult-oriented uses, including, without limitation, an adult
bookstore, adult cabaret, adult club, adult dry cabaret, adult movie
theater, adult video rental store, adult video store or adult viewing
facility.
(b)
Anhydrous ammonia (bulk storage facility or retail sale).
(c)
Asbestos (storage of).
(d)
Animal hospitals, kennels and pounds.
(e)
Any cabaret.
(f)
Car wash (commercial).
(g)
Concrete and asphalt batch plants.
(h)
Dry cabaret.
(i)
Fertilizer (production, sales, storage, mixing or blending).
(j)
Feed mills.
(k)
Fireworks (manufacturing, storage or sale).
(l)
Flea markets.
(m)
Gas stations with or without a car wash (commercial).
(n)
Greenhouse.
(o)
Hotel.
(p)
Liquor store.
(q)
Livestock sale facilities.
(r)
Motel.
(s)
Nursery.
(t)
Pawnshop.
(u)
Petroleum bulk stations and terminals.
(v)
Psychic/tarot card/astrology reading.
(w)
Refuse incineration.
(x)
Slaughterhouse.
(y)
Tavern.
(z)
Tires (production or bulk storage).
(aa)
Truck stop and/or truck service facility.
(bb)
Wrecking, junk, demolition and scrap yards.
D.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-5 District a proposed principal use not listed in Subsection B or C above if the proposed use is similar in character to one or more of the listed permitted uses in the M-5 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B or C above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-5 District:
(1)
Any listed permitted use or conditional use or unspecified permitted use specified in any other district that is not expressly listed in Subsection B above.
(3)
Any adult-oriented uses, including, without limitation, an adult
bookstore, adult cabaret, adult club, adult dry cabaret, adult movie
theater, adult video rental store, adult video store or adult viewing
facility.
(4)
Any use classified as a High-Hazard Group H use pursuant to
Section 307 of the 2006 IBC that involves the manufacturing, processing,
generation or storage of materials that constitute a physical or health
hazard in quantities in excess of those allowed in control areas constructed
and located as required in Section 414 of the 2006 IBC.
E.
Conditional uses. The following uses may be permitted as conditional uses in the M-5 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1)
Retail or wholesale of merchandise manufactured within the building,
provided that the retail or wholesale use is not classified as a High-Hazard
Group H pursuant to Section 307 of the 2006 IBC.
[Amended 7-1-2019 by Ord. No. 19-16]
(2)
Day-care facilities, either for children or adults, that are
open to the general public.
(3)
Uses that further the intent of the Village Board in creating the
M-5 District by creating high-skill, living wage jobs and advancing
or introducing clean industry or technology to the region, provided
that the uses are not classified as a High-Hazard Group H pursuant
to Section 307 of the 2006 IBC. These uses include the following:
[Added 7-1-2019 by Ord. No. 19-16[1]]
(a)
Packaging, fulfillment and distribution of products in the medical,
pharmaceutical, pharmacy or nutrition/nutraceutical industries. To
qualify as a potential conditional use, the use shall meet at least
two of the following three criteria:
[1]
The use creates high-skill, living wage jobs at the time of
conditional use application.
[2]
The use forms a regional, multistate or national corporate headquarters;
or
[3]
The use provides significant and measurable value to the land
around it and/or the Village through unique infrastructure, technology,
security, branding or aesthetic contributions.
(b)
Software, cloud computing, autonomous vehicle/mobility, IoT, artificial
intelligence or similar technology of the future. To qualify as a
potential conditional use, the use shall meet at least two of the
following three criteria:
[1]
The use creates high-skill, living wage jobs at the time of
conditional use application.
[2]
The use forms a regional, multistate or national corporate headquarters;
or
[3]
The use provides significant and measurable value to the land
around it and/or the Village through unique infrastructure, technology,
security, branding or aesthetic contributions.
[1]
Editor's Note: This ordinance also redesignated former Subsection
E(3) as Subsection E(4).
(4)
Miscellaneous uses. The following miscellaneous uses may be
permitted as conditional uses in the M-5 District:
(a)
(Reserved)
(b)
Electric power or gas metering substation (only as a principal
use on its own lot).
(c)
Heliport pad.
(d)
Outside storage.
(e)
Transmission line (electric power or natural gas).
(f)
Utility substation building (only as a principal use on its
own lot).
(g)
Wind energy conversion systems.
F.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
G.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-5 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the M-5 District and their related
accessory uses may be located separately or together, and may be conducted
separately or together, with other such permitted uses and their related
accessory uses in the same principal building in the M-5 District.
(2)
Conditional uses allowed in the M-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the M-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the M-5 District and their related accessory uses and conditional uses allowed in the M-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the M-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the M-5 District as of the effective
date of Ordinance No. 13-22 (June 17, 2013) and any related accessory
uses existing as of such date may be continued in the same principal
building along with other existing agricultural related uses; provided,
however, that no nonconforming use and no accessory use to a nonconforming
use may be extended or expanded into new areas, and no new accessory
use related to such nonconforming use (and no prior accessory use
to such nonconforming use that has been discontinued as an actively
conducted use for a period of 12 or more consecutive months) may be
commenced or recommenced, and further provided that the area of a
building occupied by a nonconforming use and any related accessory
uses shall be a physically separate defined area in which any proposed
new use of any kind shall be prohibited.
H.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the M-5 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(2)
New proposed accessory uses to nonconforming uses (and any prior
accessory uses to a nonconforming use that have been discontinued
as actively conducted uses for 12 or more consecutive months) are
prohibited.
(3)
In the event of any issue about whether a particular use is
properly an accessory use, the Zoning Administrator shall have authority
to decide. The Zoning Administrator shall make written findings to
support any such decision.
I.
Temporary uses. Temporary uses may be allowed in the M-5 District pursuant to § 420-140.1 of this chapter.
J.
Prohibited uses. Uses that are not specifically allowed in the M-5
District by this chapter as specified in the foregoing sections are
prohibited in the M-5 District. However, where a use is proposed for
a purpose that is not specifically provided in Chapter 3 of the 2006
IBC and is not specifically listed as a prohibited use in the M-5
District regulations, such uses shall be classified in the group that
the occupancy most clearly resembles, according to the firesafety
and relative hazard involved. The Zoning Administrator shall make
the final determination if the use is allowed within the M-5 District.
K.
Dimensional standards. Except as specifically provided in this chapter,
and without limitations, all uses, sites, buildings and structures
in the M-5 District shall comply with the following dimensional standards
to the extent applicable.
(1)
Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure shall be as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to transmission lines.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
Lot frontage. Lot frontage on a public street: 150 feet minimum; however, for that on a substantial curve or cul-de-sac, the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding communication structure is as prescribed by § 420-89 or a utility substation building as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to transmission lines.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
Open space: 25% minimum.
(4)
Building standards:
(a)
Gross floor area. No maximum or minimum building area shall
be required in the M-5 District due to the variety of uses within
this district and the diverse building demands of each use.
(b)
Principal building height: 60 feet maximum; however, the height
of a principal building or part thereof may be increased to a maximum
of 100 feet in height, provided that for every one foot above 60 feet,
said principal structure shall be set back an additional 1.5 feet
from all property lines.
(c)
Accessory building height: 30 feet maximum.
(d)
Setbacks. The following setbacks shall be considered to be minimum
setbacks; greater setback may be required by state building codes.
[1]
Street setback: minimum of 65 feet from arterial
streets or highways and a minimum of 40 feet from nonarterial streets
or private roads for buildings.
[2]
Shore setback: 50 feet minimum adjacent to Lake
Michigan, 35 feet minimum adjacent to all other navigable waterways.
[3]
Wetland setback: 25 feet minimum.
[4]
Side setback: 45 feet minimum for all buildings.
[5]
Rear setback: 45 feet minimum for all buildings.
[6]
Separation distance between all buildings: 45 feet
minimum.
L.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the M-5 District shall comply with the following design standards
to the extent applicable:
(1)
Number of principal structures per lot: no limit.
(2)
Number of detached accessory buildings: no limit.
(3)
Fences may be allowed pursuant to § 420-81; however, chain-link fences shall be vinyl-coated and the color shall be black, earth tones or complementary to the color of the building.
(4)
Dock doors may face a public street; only under special circumstances
with an approved screening and maintenance plan as approved by the
Plan Commission.
[Amended 3-18-2019 by Ord. No. 19-07]
(5)
All accessory uses or structures shall be on the same lot or
approved site as the principal use.
(6)
Principal building standards. All facades that are visible to
and facing the public street and any portions of the building with
office uses shall provide architectural details and elements such
as but not limited to varying roof heights, varying fenestration and
other appropriate architectural elements. In addition, the office
area of the building shall have an appearance of a two-story building.
(7)
Principal office building standards (for stand-alone corporate,
business, professional office buildings where no manufacturing, distribution
and/or warehouse activities are conducted in the office building):
(a)
Each principal office building shall have a minimum of two floors
above grade.
(b)
The gross floor area of a principal office building shall be
a minimum of 24,000 square feet, and each of the first two floors
above grade shall have a gross floor area of at least 10,000 square
feet.
(c)
The gross floor area for all auxiliary permitted uses within
a principal office building shall not exceed 10% of the gross floor
area of such building.
(d)
Height: 30 feet minimum.
(8)
Site and operational plan requirements pursuant to Article IX of this chapter, except as provided below:
(a)
Buildings shall comply with the facade design requirements in
this subsection. The Village Zoning Administrator shall have the discretion
to adjust the minimum glazed area percentages set forth below among
various facades of a building so long as all facades, taken together,
satisfy the minimum glazed area percentages (for example, any individual
facade may be less than the minimum so long as one or more of the
other facades exceeds the minimum such that the total glazed area
for all facades equals or exceeds the minimum glazed area percentages);
provided, however, that the glazing on the sides visible from the
public streets or highways outside the district shall not be less
than stated minimum percentages.
[1]
Manufacturing. Portions of the building used for manufacturing or directly related warehousing and/or distribution uses, as defined in Subsection C(3)(b) above, shall have a minimum glazed area (calculated on the basis of all manufacturing or directly related warehousing and/or distribution building facade areas) of 5%.
[2]
Office building(s). Portions of the building used
for business office or research and development uses shall have a
minimum glazed area (calculated on the basis of all office or research
and development building facade areas) of 25%.
[3]
Parking garages. Parking garages shall have entry
and exit stairwells and lobbies that are visible from the exterior,
and any such areas visible from the exterior shall have a minimum
glazed area of 25%.
[4]
Utility substations; utility substation building.
Utility substations and utility substation buildings shall have no
minimum glazing requirement.
(b)
Construction materials. Principal buildings, accessory buildings,
parking garages and any penthouse areas associated with such building
or structure shall comply with the following requirements for construction
materials:
[1]
Glazed area. The following requirements apply to
all glazed areas:
[a]
Glazed areas may be tinted or clear glass. Mirrored
glass is prohibited.
[b]
Anodized or powder-coated aluminum curtain wall
systems, storefront systems and accents are allowed.
[c]
Stainless steel, bronze or brass curtain wall systems.
Storefront systems and accents are allowed.
[d]
Anodized or powder-coated aluminum metal panels
or other metal panels are allowed if integral to window wall or curtain
wall systems or if used for trim, soffits, canopy, sun protection
systems or mechanical penthouses.
[e]
Door frames. Door frames shall complement window
frames in material, finish and color.
[2]
Nonglazed area. The nonglazed areas of any building in this district shall comply with the standard in § 420-57H(2)(g). Additionally, architectural precast concrete panels, through the application/addition of certain finishing elements (e.g., reveals, relief, and dimension), finish, shape, color or texture shall contribute to the architectural form, style and aesthetics or the structure. Architectural precast concrete may be structural (e.g., load-bearing element) and/or decorative (e.g., building cladding) and may be conventionally reinforced or prestressed. Architectural precast concrete panels shall not result in plain, blank walls.
[3]
Roofs (architectural features). Section 420-57H(2)(i) shall not apply. Architectural roof features or forms shall be copper or zinc-coated aluminum metal panels or slate or architecturally painted metal panels.
[4]
Mechanical screening. All mechanical units, ground
or roof-mounted, shall be screened from public view by either landscaping
or other approved high-quality architectural-grade metal screening
or panels as specifically approved by the Plan Commission.
(12)
Each use, site, building and structure shall be designed, laid
out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
M.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the M-5 District shall comply with the following
operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to enter or remain
on site for business purposes):
(a)
From 5:00 a.m. to 12:00 midnight maximum for corporate, business
and professional office uses, and service or retail uses allowed as
auxiliary permitted uses; for any day-care facilities, either for
children or adults that are open to the general public, as may be
allowed by a conditional use permit.
(b)
All other uses: no limit.
(2)
Hours for deliveries, or any other activities outside the principal
building (e.g., outside loading or unloading, the arrival of deliveries,
idling of delivery trucks, beeping of backing vehicles, and garbage
pickup), except for snow removal, unless more restrictive hours are
required by the Plan Commission due to its proximity to residential
development:
[Amended 2-28-2022 by Ord. No. 22-04]
(3)
Except as otherwise specifically permitted by this chapter under
a conditional use granted by the Village, all activities shall be
conducted within a building.
(4)
No on-site residential uses are allowed.
(5)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6)
Each site, building and structure shall be maintained in a neat,
presentable, aesthetically pleasing, structurally sound and nonhazardous
condition. All litter and debris shall be promptly removed.
(7)
Each use, site, building and structure shall be operated in
full compliance with the approved site and operational plan, any required
conditional use permit, any required license and all other applicable
provisions of this chapter and of all other Village ordinances and
codes.
[Amended 3-3-2008 by Ord. No. 08-11]
A.
Purpose and characteristics. The I-1 Institutional
District is intended to provide for areas which are under private
or public ownership and where the uses in those areas for public purposes
or institutional purposes, whether public or private, are anticipated
to serve the needs of the community. No such district shall be established
unless it is in compliance with duly adopted or amended comprehensive,
neighborhood and conceptual plans.
B.
Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the I-1 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and other Village ordinances and codes:
(1)
Administrative offices for public or private schools,
colleges, universities, or technology academies.
(2)
Health services, including offices of state-licensed
health practitioners such as doctors, dentists or chiropractors, medical
and dental laboratories, outpatient care facilities and other health
and allied services operated by state-licensed health practitioners.
(3)
Hospice facilities.
(4)
Hospitals.
(5)
Financial institutions with or without a drive-through
facility.
(6)
Libraries, museums and art galleries.
(7)
Nursing homes.
(8)
Office or clinic uses such as accounting; architectural;
dental; engineering; financial services; information services; insurance;
legal; medical (but no ambulance service); or real estate.
(9)
Post offices and postal stores.
(10)
Public administrative offices and public service
buildings, including fire and police stations, community centers,
public emergency shelters, weigh stations and welcome centers.
(11)
Public or private community development organizations.
(12)
Public or private schools, colleges, universities,
technology academies.
(13)
Public utility offices.
(14)
Retail sale of religious affiliated merchandise.
(15)
Stormwater retention and detention facilities.
(16)
Water storage tanks, towers and reservoirs and
related appurtenances.
(17)
The retail sale of any of the following goods
or products is a permitted use in the I-1 District, provided that
the retail area is less than 2,000 square feet and that the retail
use was in operation as of April 21, 2008, and further provided that
the retail use does not cease its operations for more than 12 consecutive
months: antiques; apparel; art; art supplies; audio recordings; bakery
goods; books; candy; cameras and photographic supplies; cards; cosmetics;
eyeglasses and related products; fabric; flowers; frames; gifts; glassware;
groceries (without alcoholic beverages as package goods in a grocery
store or convenience store); hardware; hobby and craft supplies; ice
cream; jewelry; novelties; musical instruments and accessories; newspapers
and magazines; office supplies; prepared food not for consumption
on the premises; shoes and accessories; souvenirs; sundries; telephones;
toys; and video recordings.
[Added 4-21-2008 by Ord. No. 08-21]
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the I-1 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the I-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, and without limitation, the following uses shall not be construed to be permitted uses in the I-1 District:
(1)
Any listed permitted use in the B-1, B-2, B-3, B-4 or B-5 District that is not listed in Subsection B above.
(2)
Any listed conditional use in the I-1, B-1, B-2, B-3,
B-4 or B-5 District.
(3)
Any listed unspecified permitted use listed in the B-1, B-2, B-3, B-4, or B-5 District that is not listed in Subsection B above.
(4)
Adult-oriented uses, including, without limitation,
an adult bookstore, adult cabaret, adult club, adult dry cabaret,
adult movie theater, adult video rental store, adult video store or
adult viewing facility.
D.
Conditional uses. The following listed uses may be permitted as conditional uses in the I-1 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and other Village ordinances and codes:
(1)
Airport, heliport pads, aircraft hangars for storage and equipment maintenance, and aircraft sales and service. [See also § 420-148B(2).]
(2)
Auditoriums, gymnasiums, arenas and stadiums (as a
principal use).
(3)
Bus terminals. [See also § 420-148B(12).]
(4)
Cemeteries. [See also § 420-148B(14).]
(5)
Day-care facilities, either for children or adults.
(6)
Dormitories related to churches, schools, universities
or colleges.
(7)
Funeral home, with or without a crematorium.
(8)
Mausoleums.
(9)
Municipal composting and recycling facilities.
(10)
Municipal landfills.
(11)
Penal, reform, disciplinary and mental health institutions. [See also § 420-148B(77).]
(12)
Railroad depots. [See also § 420-148B(86).]
(13)
Religious institutions, including churches,
convents, seminaries, rectories, parsonages, parish houses and residential
quarters for clergy.
(14)
Sanitariums.
(15)
Shelters and food pantry facilities.
(16)
Televisions and radio stations.
(17)
Temporary classroom structures. [See also § 420-148B(115).]
(18)
Veterinarian emergency service offices. [See also § 420-148B(120.1)].
(19)
Veterinarian offices.
(20)
Wind energy conversion systems. [See also § 420-148B(123).]
(21)
Miscellaneous uses. The following miscellaneous
uses may be permitted as conditional uses in the I-1 District:
E.
Special licensed uses. Uses requiring a license by
the Village Board (including nonconforming uses) may only be conducted
pursuant to and in accordance with such a license. The granting of
a Village license by the Village Board is not assured either by permitted
use status or by the granting of a conditional use permit or of any
other permit or approval under this chapter.
F.
Combination of uses. Except as otherwise specifically provided in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the I-1 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the I-1 District and their
related accessory uses may be located separately or together, and
may be conducted separately or together, with other such permitted
uses and their related accessory uses in the same principal building
in the I-1 District.
(2)
Conditional uses allowed in the I-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the I-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the I-1 District and their related accessory uses and conditional uses allowed in the I-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the I-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any other use or any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the I-1 District as
of the effective date of Ordinance No. 08-11 (March 3, 2008), and
any related accessory uses as of such date, may be continued in the
same principal building with other uses; provided, however, that no
nonconforming use and no accessory use to a nonconforming use may
be extended or expanded into new areas, and no new accessory use related
to such nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the I-1 District are allowed, subject to Article IX and all other applicable provisions of this chapter and other Village ordinances and codes, as follows:
(2)
In the event of any issue about whether a particular
use is properly an accessory use, the Zoning Administrator shall have
authority to decide. The Zoning Administrator shall make written findings
to support any such decision.
(3)
New proposed accessory uses to nonconforming uses
(and any prior accessory uses to a nonconforming use that have been
discontinued as actively conducted uses for 12 or more consecutive
months) are prohibited.
H.
Prohibited uses. Uses that are not specifically allowed
in the I-1 District by this chapter are prohibited in the I-1 District.
I.
Dimensional standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the I-1 District shall comply with the
following dimensional standards to the extent applicable:
(1)
Lot size: one acre minimum, except as provided below:
(2)
Lot frontage on a public street: 150 feet minimum;
provided, however, on a substantial curve, the public street frontage
may be reduced as necessary to an absolute minimum of 100 feet if
all other requirements are satisfied, except as provided below:
(3)
Open space: 30% minimum.
(4)
Building standards:
(a)
No maximum or minimum building area shall be
required in the I-1 Institutional District due to the variety of uses
within this district and the diverse building demands of each use.
(b)
Height. Except as expressly allowed in this
chapter, the maximum height shall be 35 feet. However, the Village
Plan Commission may allow, on a case-by-case basis, the height of
a building to increase up to 60 feet, and further provided that the
Plan Commission shall have the authority to require greater setbacks
for buildings that exceed 35 feet.
(5)
Setbacks:
(a)
Street setback: minimum of 65 feet from arterial
streets or highways, and a minimum of 30 feet from nonarterial streets
or private roads.
(b)
Side setback: 25 feet minimum.
(c)
Rear setback: 25 feet minimum.
(d)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35
feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(e)
Wetland setback: 25 feet minimum.
(f)
Separation distances between structures: as
required by the current commercial building code effective in the
Village.
[Amended 12-20-2010 by Ord. No. 10-66]
(6)
School, church or day-care centers for children are allowed in the I-1 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, provided that the physically separate defined area of the building in which a school, church or day-care center for children use is proposed to be commenced or expanded shall be not less than 300 feet in a direct line from the nearest lot line of any lot on which any adult-oriented use is located or has a vested right to locate.
J.
Design standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the I-1 District shall comply with the
following design standards to the extent applicable:
(1)
All accessory uses shall be on the same lot or approved site as the principal use, except for shared off-street parking or access pursuant to Article VIII of this chapter.
(6)
Each use, site, building and structure shall be designed,
laid out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
K.
Operational standards. Except as otherwise specifically
provided in this chapter, and without limitation, all uses, sites,
buildings and structures in the I-1 District shall comply with the
following operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to
enter or remain on site for business purposes): 5:00 a.m. to 12:00
midnight maximum, except for uses requiring a Village liquor license
as provided in § 125.68(4), Wis. Stats., and the following
uses have no limits: any residential use listed as a permitted use
or a conditional use in the I-1 District, hospitals, hospice facilities,
nursing homes, fire and police stations, public emergency shelters,
veterinarian emergency services office, weigh stations and welcome
centers. In addition, the Village Plan Commission may allow, on a
case-by-case basis, other I-1 uses to increase their hours of operation
from 12:00 midnight to 5:00 a.m.
(2)
Hours for deliveries, or any other activities outside
the principal building that might cause a disturbance to neighboring
residential areas (e.g., outside loading or unloading, the arrival
of deliveries, the idling of delivery trucks, the beeping of backing
vehicles, and garbage pickup), except for snow removal: 7:00 a.m.
to 10:00 p.m. maximum, unless more restrictive hours are required
by the Plan Commission due to its proximity to residential development.
[Amended 2-28-2022 by Ord. No. 22-04]
(3)
Except as otherwise specifically permitted by this chapter, under
a conditional use permit granted by the Village, all business activities
shall be conducted within a building.
[Amended 3-7-2016 by Ord.
No. 16-02]
(5)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6)
Each building, structure and site shall be maintained
in a neat, presentable, aesthetically pleasing, structurally sound
and nonhazardous condition. All litter and debris shall be promptly
removed.
(7)
Each use, site, building and structure shall be operated
in full compliance with the approved site and operational plan, any
required conditional use permit, any required license and all other
applicable provisions of this chapter and of all other Village ordinances
and codes.
L.
Municipal services required. Except as otherwise specifically
provided in this chapter, and without limitation, no proposed new,
reconstructed or relocated principal building shall be permitted in
the I-1 District unless it is connected to the Village's public sewer
and water systems, and any existing principal building not already
connected to the Village's public sewer and water shall be so connected
before any addition is made to such building, or before any proposed
change in the use of such building is made from one use category to
another (e.g., residential to institutional), and before any proposed
use is commenced or recommenced in such a building that has been vacant
or unused for 12 consecutive months or longer.
[Amended 3-16-2009 by Ord. No. 09-09; 5-4-2009 by Ord. No. 09-20]
A.
Purpose and characteristics. The PR-1 Neighborhood Park-Recreational
District is intended to provide for areas for stormwater facilities
and other limited recreational and open space uses. No such district
shall be established unless it is in compliance with duly adopted
or amended comprehensive, neighborhood and conceptual plans.
B.
Principal uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the PR-1 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and other Village ordinances and codes:
(1)
Stormwater detention or retention facilities; provided, however,
that the detention or retention facility is not used for recreational
purposes, such as, but not limited to, boating, fishing, ice skating
or swimming.
(2)
Limited recreational and open space uses, including beaches; bicycling,
hiking and nature trails and walks; boat access sites; boating; cross
country ski trails; fishing; historic monuments or sites; picnic areas;
playgrounds and tot lots; play fields/courts or athletic fields/courts;
rollerblading; skating areas; sledding or tobogganing areas; outdoor
swimming areas.
(3)
Pavilions, gazebos, other shelters or maintenance buildings and temporary
restroom facilities.
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the PR-1 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the PR-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, and without limitation, the following uses shall not be construed to be permitted uses in the PR-1 District:
(2)
Any listed conditional use in any other zoning district that is not listed in Subsection B above.
(3)
Any listed unspecified permitted use listed in any other zoning district that is not listed in Subsection B above.
(4)
Any adult-oriented uses, including, without limitation, an adult
bookstore, adult cabaret, adult club, adult dry cabaret, adult movie
theater, adult video rental store, adult video store or adult viewing
facility.
D.
Conditional uses. The following listed uses may be permitted as conditional uses in the PR-1 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and other Village ordinances and codes:
E.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the PR-1 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the PR-1 District and their related accessory
uses may be located separately or together, and may be conducted separately
or together, with other such permitted uses and their related accessory
uses in the PR-1 District.
(2)
Conditional uses allowed in the PR-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the PR-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the PR-1 District and their related accessory uses and conditional uses allowed in the PR-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the PR-1 District; provided, however, that the area occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any other use or any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the PR-1 District may be continued
in the same principal building with other uses; provided, however,
that no nonconforming use and no accessory use to a nonconforming
use may be extended or expanded into new areas, and no new accessory
use related to such nonconforming use (and no prior accessory use
to such nonconforming use that has been discontinued as an actively
conducted use for a period of 12 or more consecutive months) may be
commenced or recommenced, and further provided that the area of a
building occupied by a nonconforming use and any related accessory
uses shall be a physically separate defined area in which any proposed
new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the PR-1 District are allowed, subject to Article IX and all other applicable provisions of this chapter and other Village ordinances and codes, as follows:
(2)
In the event of any issue about whether a particular use is properly
an accessory use, the Zoning Administrator shall have authority to
decide. The Zoning Administrator shall make written findings to support
any such decision.
(3)
New proposed accessory uses to nonconforming uses (and any prior
accessory uses to a nonconforming use that have been discontinued
as actively conducted uses for 12 or more consecutive months) are
prohibited.
H.
Temporary uses. Temporary uses may be allowed in the PR-1 District pursuant to § 420-140.1 of this chapter.
I.
Prohibited uses. Uses that are not specifically allowed in the PR-1
District by this chapter as specified in the forgoing sections are
prohibited in the PR-1 District.
J.
Dimensional standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the PR-1 District shall comply with the following
dimensional standards to the extent applicable:
(1)
Lot size: shall provide for sufficient area for the proposed
uses and associated structures, parking, open space and setback requirements.
(2)
Lot frontage on a public or private street: 45 feet minimum.
(3)
Open space: 75% minimum.
(4)
No building or part of a building shall exceed 20 feet in height.
(5)
Maximum building area: 1,000 square feet per building.
(6)
Setbacks, unless otherwise specified:
(a)
Street setback: minimum of 65 feet from arterial streets or
highways and a minimum of 30 feet from nonarterial streets or private
roads.
(b)
Side setback: 40 feet minimum, except of tennis courts or sports
courts 20 feet minimum.
(c)
Rear setback: 40 feet minimum, except of tennis courts or sports
courts 20 feet minimum.
(d)
Shore setback: 50 feet minimum adjacent to Lake Michigan, provided
that the shore remains stabilized and protected, and 35 feet minimum
adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(e)
Wetland setback: 25 feet minimum, unless a greater setback is
required by the Wisconsin Department of Natural Resources.
(f)
Separation distances between structures: as required by the
current commercial building code effective in the Village.
[Amended 4-24-2023 by Ord. No. 23-19]
(g)
Setback for retention or detention facilities: minimum of 10
feet from the normal water elevation of the facility unless greater
setbacks are required by the Village to provide adequate access to
the facility and to ensure that all required landscape, utility or
other required easements are provided above the normal water elevation
of the facility.
K.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the PR-1 District shall comply with the following design standards
to the extent applicable:
(1)
All accessory uses or structures shall be on the same lot or
approved site as the principal use.
(2)
Site and operational plan requirements pursuant to Article IX of this chapter, except that the Zoning Administrator may allow other building materials as may be appropriate for the building type and particular use.
(6)
Each use, site, building and structure shall be designed, laid
out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
L.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the PR-1 District shall comply with the following
operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to enter or remain
on site for recreational and maintenance purposes): 6:00 a.m. to 10:00
p.m. maximum, or as approved by the Village.
(2)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(3)
Each site, building and structure shall be maintained in a neat,
presentable, aesthetically pleasing, structurally sound and nonhazardous
condition. All litter and debris shall be promptly removed.
(4)
Each use, site, building and structure shall be operated in
full compliance with the approved site and operational plan, any required
conditional use permit, any required license and all other applicable
provisions of this chapter and of all other Village ordinances and
codes.
(5)
Hours
for deliveries, or any other activities outside the principal building
that might cause a disturbance to neighboring residential areas (e.g.,
outside loading or unloading, the arrival of deliveries, idling of
delivery trucks, beeping of backing vehicles, and garbage pickup),
except for snow removal: 7:00 a.m. to 10:00 p.m. maximum, unless more
restrictive hours are required by the Plan Commission due to its proximity
to residential development.
[Added 2-28-2022 by Ord. No. 22-04]
[Added 3-16-2009 by Ord. No. 09-10; amended 5-4-2009 by Ord. No.
09-21]
A.
Purpose and characteristics. The PR-2 Community Park-Recreational
District is intended to provide for public or private park, open space
and recreational uses to serve the adjacent neighborhoods or the entire
community. The PR-2 District shall be at least five acres and may
incorporate other natural features such as wetlands, woodlands, shorelands,
floodplains and other resources that may be zoned C-1 Lowland Resource
Conservancy District; C-2 Upland Resource Conservancy District; or
FPO Floodplain Overlay District. No such district shall be established
unless it is in compliance with duly adopted or amended comprehensive,
neighborhood and conceptual plans.
B.
Principal uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the PR-2 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and other Village ordinances and codes:
(1)
Outdoor recreational facilities and activities, including beaches;
bicycling, hiking and nature trails and walks; cross-country ski trails;
historic monuments or sites; picnic areas; playgrounds and tot lots;
play fields/courts and athletic fields/courts; rollerblading; and
swimming or other water-related activities; skating rinks; and sledding
and tobogganing areas.
(3)
Indoor swimming pools.
(4)
Pavilions, gazebos or other shelters and maintenance buildings.
(5)
Nature or education centers.
(6)
Restaurants/snack bars (with or without outdoor seating, but
not including a restaurant/snack bars where alcoholic beverages are
served or sold, with a dedicated bar, with a drive-in, with a drive-through
facility, or with a dedicated brewing facility).
(7)
Stormwater detention or retention facilities; provided, however,
that the detention or retention facility is not used for recreational
purposes such as, but not limited to, boating, fishing, ice skating
or swimming.
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the PR-2 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the PR-2 District and if the use is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the PR-2 District:
(2)
Any listed conditional use in any other zoning district that is not listed in Subsection B above.
(3)
Any listed unspecified permitted use listed in any other zoning district that is not listed in Subsection B above.
(5)
Any adult-oriented uses, including, without limitation, an adult
bookstore, adult cabaret, adult club, adult dry cabaret, adult movie
theater, adult video rental store, adult video store or adult viewing
facility.
D.
Conditional uses The following listed uses may be permitted as conditional uses in the PR-2 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and other Village ordinances and codes:
(1)
Archery ranges.
(2)
Boat rentals.
(3)
Cabaret or a dry cabaret.
[Amended 5-17-2010 by Ord. No. 10-30]
(4)
Campgrounds.
(6)
Equestrian trails.
(7)
Golf courses.
(8)
Golf driving ranges.
(9)
Marinas.
(10)
Miniature golf courses.
(11)
Off-road vehicular trails.
(12)
Residential quarters for owner, proprietor, employee or caretaker located on the premises or a short-term rental pursuant to § 66.1014, Wis. Stats., and obtaining a permit pursuant to Chapter 320 of the Village Municipal Code.
[Amended 12-11-2023 by Ord. No. 23-51]
(13)
Restaurants/snack bars (whether or not alcoholic beverages are
served or sold, and with or without outdoor seating, with or without
a dedicated bar but not including a restaurant/snack bar with a drive-in,
with a drive-through facility, or with a dedicated brewing facility).
(14)
Sportsmen's clubs.
(15)
Summer theaters, amphitheaters and band shells.
(16)
Transmission lines (electric power or natural gas).
(17)
Utility substations and utility substation buildings.
[Amended 3-15-2010 by Ord. No. 10-22]
(18)
Wind energy conservation systems.
(19)
Zoological and botanical gardens.
(20)
Beer garden [See also § 420-148B(9)].
[Added 6-26-2023 by Ord. No. 23-26]
E.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the PR-2 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the PR-2 District and their related
accessory uses may be located separately or together, and may be conducted
separately or together, with other such permitted uses and their related
accessory uses in the same principal building in the PR-2 District.
(2)
Conditional uses allowed in the PR-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the PR-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the PR-2 District and their related accessory uses and conditional uses allowed in the PR-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the PR-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any other use or any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the PR-2 District may be continued
in the same principal building with other uses; provided, however,
that no nonconforming use and no accessory use to a nonconforming
use may be extended or expanded into new areas, and no new accessory
use related to such nonconforming use (and no prior accessory use
to such nonconforming use that has been discontinued as an actively
conducted use for a period of 12 or more consecutive months) may be
commenced or recommenced, and further provided that the area of a
building occupied by a nonconforming use and any related accessory
uses shall be a physically separate defined area in which any proposed
new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the PR-2 District are allowed, subject to Article IX and all other applicable provisions of this chapter and other Village ordinances and codes, as follows:
(2)
In the event of any issue about whether a particular use is
properly an accessory use, the Zoning Administrator shall have authority
to decide. The Zoning Administrator shall make written findings to
support any such decision.
(3)
New proposed accessory uses to nonconforming uses (and any prior
accessory uses to a nonconforming use that have been discontinued
as actively conducted uses for 12 or more consecutive months) are
prohibited.
H.
Temporary uses. Temporary uses may be allowed in the PR-2 District pursuant to § 420-140.1 of this chapter.
I.
Prohibited uses. Uses that are not specifically allowed in the PR-2
District by this chapter as specified in the foregoing sections are
prohibited in the PR-2 District.
J.
Dimensional standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the PR-2 District shall comply with the following
dimensional standards to the extent applicable:
(1)
Lot size: shall provide for sufficient area for the proposed
uses and associated structures, parking, open space and setback requirements.
(2)
Lot frontage on a public or private street: 45 feet minimum.
(3)
Open space: 75% minimum.
(4)
No building or part of a building shall exceed 40 feet in height.
(5)
No maximum or minimum building area is required due to the variety
of uses within this district and the diverse building demands of each
use.
(6)
Setbacks, unless otherwise specified:
(a)
Street setback: minimum of 65 feet from arterial streets or
highways and a minimum of 40 feet from nonarterial streets or private
roads.
(b)
Side setback: 40 feet minimum, except of tennis courts or sports
courts: 20 feet minimum.
(c)
Rear setback: 40 feet minimum, except of tennis courts or sports
courts: 20 feet minimum.
(d)
Shore setback: 50 feet minimum adjacent to Lake Michigan, provided
that the shore remains stabilized and protected, and 35 feet minimum
adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(e)
Wetland setback: 25 feet minimum, unless a greater setback is
required by the Wisconsin Department of Natural Resources.
(f)
Separation distances between structures: as required by the
current commercial building code effective in the Village.
[Amended 4-24-2023 by Ord. No. 23-19]
(g)
Setback for retention or detention facilities: minimum of 10
feet from the normal water elevation of the facility unless greater
setbacks are required by the Village to provide adequate access to
the facility and to ensure that all required landscape, utility or
other required easements are provided above the normal water elevation
of the facility.
K.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the PR-2 District shall comply with the following design standards
to the extent applicable:
(1)
All accessory uses or structures shall be on the same lot or
approved site as the principal use.
(7)
Each use, site, building and structure shall be designed, laid
out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
L.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the PR-2 District shall comply with the following
operational standards to the extent applicable:
(1)
Hours of operation (when the public is allowed to enter or remain on site for business purposes): 6:00 a.m. to 10:00 p.m. maximum or as approved by the Village; for uses requiring a Village liquor license: as provided in Chapter 194 of the Village Municipal Code, except a beer garden may be open from 5:00 a.m. to 9:00 a.m. for special events, provided that alcoholic beverages are not served, sold or consumed prior to 9:00 a.m.
[Amended 6-26-2023 by Ord. No. 23-26]
(2)
Hours for deliveries, or any other activities outside the principal
building that might cause a disturbance to neighboring residential
areas (e.g., outside loading or unloading, the arrival of deliveries,
idling of delivery trucks, beeping of backing vehicles, and garbage
pickup), except for snow removal: 6:00 a.m. to 10:00 p.m. maximum,
unless more restrictive hours are required by the Plan Commission
due to its proximity to residential development.
[Amended 2-28-2022 by Ord. No. 22-04]
(3)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(4)
Each site, building and structure shall be maintained in a neat,
presentable, aesthetically pleasing, structurally sound and nonhazardous
condition. All litter and debris shall be promptly removed.
(5)
Each use, site, building and structure shall be operated in
full compliance with the approved site and operational plan, any required
conditional use permit, any required license and all other applicable
provisions of this chapter and of all other Village ordinances and
codes.
[Added 3-16-2009 by Ord. No. 09-10; amended 5-4-2009 by Ord. No.
09-22]
A.
Purpose
and characteristics. The PR-3 Regional Park-Recreational District
is intended to provide for park, open space and recreational uses
to serve the community and the surrounding region. The PR-3 District
shall be at least 200 acres and may incorporate other natural features
such as wetlands, woodlands, shorelands, floodplains and other resources
that may be zoned C-1, C-2, or FPO. No such district shall be established
unless it is in compliance with duly adopted or amended comprehensive,
neighborhood and conceptual plans.
B.
Principal uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the PR-3 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and other Village ordinances and codes:
(1)
Educational uses, including classrooms; child- or adult-care
facilities; preschool facilities; day camps; and nature study areas.
(2)
Indoor recreational facilities and activities, including auditoriums;
gymnasiums; ice arenas; dance studios; swimming pools; physical fitness
facilities; spa facilities; cabarets; dry cabarets; and play fields/courts
and athletic fields/courts.
(3)
Limited retail uses, including the sale of books; camping supplies;
candy; cameras and photographic supplies; cards; gifts; ice cream;
novelties; newspapers and magazines; prepared food not intended for
consumption on the premises; souvenirs; sporting goods and apparel;
and sundries.
(4)
Limited service uses, including bakeries (not selling wholesale);
barbershops; beauty salons; coffeehouses; dry cleaning; financial
institutions; mailing services; sporting equipment rentals; and tanning
salons.
(5)
Outdoor recreational facilities and activities, including beaches;
bicycling; hiking and nature trails and walks; boat rental and boat
access sites; cross-country ski trails; archery facilities; firework
displays; fishing; historic monuments or sites; picnic areas; playgrounds
and tot lots; play fields/courts and athletic fields/courts; miniature
golf; skating rinks; roller-blading; sledding and tobogganing areas;
and swimming or other water-related activities.
(6)
Public administrative offices and public service buildings,
including fire and police stations, community centers, public emergency
shelters, and welcome centers.
(7)
Pavilions, gazebos or other shelters and maintenance buildings.
(8)
Restaurants or snack bars (whether or not alcoholic beverages
are served or sold, and with or without outdoor seating, and with
or without a drive-in or a drive-through facility, but not including
a dedicated bar or a dedicated brewing facility).
(9)
Stormwater detention or retention facilities; provided, however,
that the detention or retention facility is not used for recreational
purposes such as, but not limited to, boating, fishing, ice skating
or swimming.
(10)
Summer theaters, amphitheaters and band shells.
(11)
Therapeutic recreational and physical therapy facilities.
(12)
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(13)
Solar energy system for individual users (as an accessory use per § 420-88.2).
[Added 5-3-2021 by Ord. No. 21-07]
(14)
Food trucks (not serving alcoholic beverages) located in approved
designated areas.
[Added 10-24-2022 by Ord. No. 22-30]
(15)
Beer gardens with or without live entertainment, with or without
food service, including food trucks located in approved designated
areas.
[Added 10-24-2022 by Ord. No. 22-30]
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the PR-3 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the PR-3 District and if the use is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the PR-3 District:
(1)
Any listed permitted uses in the M-1, M-2 or M-3 District that are not listed in Subsection B above.
(2)
Any listed conditional uses in the PR-1, PR-2, PR-3, B-1, B-2, B-3, B-4, B-5, M-1, M-2, M-3 or I-1 District that are not listed in Subsection B above.
(3)
Hunting.
(4)
Motels.
(5)
Indoor/outdoor flea markets.
[Amended 10-24-2011 by Ord. No. 11-32]
(6)
Pawnshops.
(7)
Psychic/tarot card/astrology readings.
(8)
Sale or storage of fireworks.
(9)
Nurseries.
(10)
Greenhouses.
(11)
Adult-oriented uses, including, without limitation, an adult
bookstore, adult cabaret, adult club, adult dry cabaret, adult movie
theater, adult video rental store, adult video store or adult viewing
facility.
D.
Conditional uses. The following listed uses may be permitted as conditional uses in the PR-3 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and other Village ordinances and codes:
(1)
Campgrounds.
(3)
Golf courses.
(4)
Golf driving ranges.
(5)
Hotels.
(6)
Restaurants (with a dedicated bar or a dedicated brewing facility).
(7)
Transmission lines (electric power or natural gas).
(8)
Utility substations and utility substation buildings.
[Amended 3-15-2010 by Ord. No. 10-22]
(9)
Wind energy conservation systems.
(10)
Zoological and botanical gardens.
E.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the PR-3 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the PR-3 District and their related
accessory uses may be located separately or together, and may be conducted
separately or together, with other such permitted uses and their related
accessory uses.
(2)
Conditional uses allowed in the PR-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses; provided, however, that the area occupied by a conditional use and any related accessory uses shall be a defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the PR-3 District and their related accessory uses and conditional uses allowed in the PR-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a defined area in which any other use or any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the PR-3 District may be continued
in the same principal building with other uses; provided, however,
that no nonconforming use and no accessory use to a nonconforming
use may be extended or expanded into new areas, and no new accessory
use related to such nonconforming use (and no prior accessory use
to such nonconforming use that has been discontinued as an actively
conducted use for a period of 12 or more consecutive months) may be
commenced or recommenced, and further provided that the area of a
building occupied by a nonconforming use and any related accessory
uses shall be a physically separate defined area in which any proposed
new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the PR-3 District are allowed, subject to Article IX and all other applicable provisions of this chapter and other Village ordinances and codes, as follows:
(2)
In the event of any issue about whether a particular use is
properly an accessory use, the Zoning Administrator shall have authority
to decide. The Zoning Administrator shall make written findings to
support any such decision.
(3)
New proposed accessory uses to nonconforming uses (and any prior
accessory uses to a nonconforming use that have been discontinued
as actively conducted uses for 12 or more consecutive months) are
prohibited.
H.
Temporary uses. Temporary uses may be allowed in the PR-3 District pursuant to § 420-140.1 of this chapter.
I.
Prohibited uses. Uses that are not specifically allowed in the PR-3
District by this chapter as specified in the foregoing sections are
prohibited in the PR-3 District.
J.
Dimensional standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the PR-3 District shall comply with the following
dimensional standards to the extent applicable:
(1)
Lot size: 25 acres minimum.
(2)
Lot frontage on a public street: 300 feet minimum.
(3)
Open space: 75% minimum.
(4)
No building or part of a building shall exceed 100 feet in height.
(5)
Building area. No maximum or minimum building area shall be
required due to the variety of uses within this district and the diverse
building demands of each use.
[Amended 7-20-2020 by Ord. No. 20-26]
(6)
Setbacks, unless otherwise specified:
(a)
Street setback: minimum of 40 feet from arterial streets or
highways; a minimum of 10 feet from the back of curb of a nonarterial
street; provided that the structure is not located within a public
right-of-way; and a minimum of 10 feet from the edge of private roads.
[Amended 10-24-2022 by Ord. No. 22-30]
(b)
Side setback: 40 feet minimum, except for tennis courts or sports
courts: 20 feet minimum.
(c)
Rear setback: 40 feet minimum, except for tennis courts or sports
courts: 20 feet minimum.
(d)
Shore setback: 50 feet minimum adjacent to Lake Michigan, provided
that the shore remains stabilized and protected; 35 feet minimum adjacent
to all other navigable waterways except Lake Andrea, wherein the shore
setback may be reduced to not less than 10 feet, provided that the
shore remains stabilized and protected.
[Amended 7-17-2017 by Ord. No. 17-32]
(e)
Wetland setback: 25 feet minimum, unless a greater setback is
required by the Wisconsin Department of Natural Resources.
(f)
Separation distances between structures: as required by the
current commercial building code effective in the Village.
[Amended 4-24-2023 by Ord. No. 23-19]
(g)
Setback for retention or detention facilities: minimum of 10
feet from the normal water elevation of the facility unless greater
setbacks are required by the Village to provide adequate access to
the facility and to ensure that all required landscape, utility or
other required easements are provided above the normal water elevation
of the facility.
K.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the PR-3 District shall comply with the following design standards
to the extent applicable:
(1)
Site and operational plan requirements pursuant to Article IX of this chapter, except that the Zoning Administrator may allow other building materials as may be appropriate for the building type and particular use.
(2)
Parking, access and traffic requirements pursuant to Article VIII of this chapter, except as provided below:
(a)
The setback of parking lots, driveway maneuvering lanes, and
fire lanes: shall be located on the property a minimum of 30 feet
from the back of curb or edge of pavement of any arterial streets
or highways and a minimum of five feet from nonarterial streets or
private roads.
[Amended 7-20-2020 by Ord. No. 20-26; 10-24-2022 by Ord. No. 22-30]
(b)
Parking spaces shall be provided throughout the site; the number
and location shall be approved by the Plan Commission.
(c)
Park access roadways are not required to have curb and gutter
and may be reduced to 26 feet in width.
(3)
Sign requirements pursuant to Article X of this chapter, unless specifically approved by the Zoning Administrator due to the unique size, site characteristics and need to provide directional information to the site amenities.
[Amended 10-24-2022 by Ord. No. 22-30]
(5)
Each use, site, building and structure shall be designed, laid
out, constructed and maintained in full compliance with the approved
site and operational plan, any required conditional use permit, any
required license and all other applicable provisions of this chapter
and of all other Village ordinances and codes.
L.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the PR-3 District shall comply with the following
operational standards to the extent applicable:
(1)
Hours of operation: as approved by the Village.
(2)
Hours for deliveries: as approved by the Village.
(3)
No on-site residential uses are allowed, except for sleeping
quarters for fire and rescue personnel within a fire station.
(4)
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(5)
Each site, building and structure shall be maintained in a neat,
presentable, aesthetically pleasing, structurally sound and nonhazardous
condition. All litter and debris shall be promptly removed.
(6)
Each use, site, building and structure shall be operated in
full compliance with the approved site and operational plan, any required
conditional use permit, any required license and all other applicable
provisions of this chapter and of all other Village ordinances and
codes.
A.
Primary purpose and characteristics. The C-1 Lowland
Resource Conservancy District is intended to be used to prevent destruction
of valuable natural or man-made resources and to protect watercourses
and wetlands, including the shorelands of navigable waters, and areas
that are not naturally drained, or which are subject to periodic flooding,
where development would result in hazards to health or safety and
or would deplete or destroy natural resources or be otherwise incompatible
with public welfare. Wetlands are unique and valuable natural resources
that are becoming rare in Wisconsin and have many benefits. Wetlands
filter nutrients and sediments out of water, keeping our lakes and
streams clean; wetlands reduce flood damage by storing runoff from
heavy rains or snow melt; wetlands are spawning and nursery areas
for fish such as northern pike; wetlands are home to waterfowl, songbirds,
pheasants, fur-bearers, and a number of rare or endangered animal
and plant species; wetlands buffer adjacent uplands against wave and
current erosion; and wetlands are scenic.
B.
Designation of lowland conservancy areas. Lands mapped
as wetlands have soils formed under wet conditions and have water
at or near the surface often enough to be able to support plants adapted
to wet conditions. For the purpose of determining which areas are
to be located in the C-1 Lowland Resource Conservancy District, the
Village Community Development Department has established wetland map
resources which reflect the best data available to the Village. The
district delineation process shall make use of the 2005 Wisconsin
Department of Natural Resources Final Wetland Inventory Maps, as may
be amended from time to time, in delineating wetlands.
[Amended 10-6-2008 by Ord. No. 08-51]
C.
Mapping disputes. Whenever there is a discrepancy between the Official
Zoning Map and actual field conditions, the discrepancy shall be resolved
by the property owner or his/her agent by completing a wetland staking
by a qualified biologist by any manner specified below:
[Amended 3-7-2016 by Ord.
No. 16-03]
(1)
Wisconsin Department of Natural Resources (WI DNR) assured biologist.
The WI DNR offers a program for wetland consultants to have WI DNR
assess their accuracy in determining wetland boundaries. Individuals
are assured for purposes of State of Wisconsin permits and state-mandated
local programs. By using an assured biologist, concurrence from WI
DNR is not needed and wetland delineation issues are unlikely to cause
delays in state permit decisions for sites at which these individuals
are the lead field delineator and report author. Using this method
allows for early planning and the permit application process to proceed
more quickly. This approval, however, may not satisfy wetland requirements
for the U.S. Army Corps of Engineers (ACOE) for any required permits
necessary from the ACOE. A list of WI DNR assured biologists can be
found on the WI DNR website.
(a)
The property owner or his/her agent contracts with a WI DNR
assured biologist to complete a site investigation and wetland report
and stake the location of the wetlands on the property, referred to
as a "wetland staking."
(b)
Upon completion of the wetland staking, the following shall
be submitted to the Village:
[1]
A letter from WI DNR verifying the biologist is a WI DNR assured
biologist.
[2]
A wetland report prepared by the biologist.
[3]
A plat of survey prepared by a Wisconsin professional land surveyor
that includes, at a minimum, the property boundaries and location
of any structures on the property; location and legal description
of the field-delineated wetlands; a note indicating the name of the
biologist that completed the wetland staking and the date(s) the wetlands
were staked; clear notations as to which areas are wetlands and which
areas are uplands; and the square footage or acreage of each.
[Amended 7-20-2020 by Ord. No. 20-26]
[4]
A complete application and application fee to amend the Village
Comprehensive Land Use Map and the Village Zoning Map pursuant to
Village requirements for said amendments.
(2)
Non-WI DNR assured biologist. The property owner or his/her agent
contracts with a qualified biologist to complete a site investigation
and wetland report and stake the location of the wetlands on the property,
referred to as a "wetland staking." Upon completion of the wetland
staking and written approval from the WI DNR, the following shall
be submitted to the Village:
(a)
A letter from WI DNR approving the wetland staking.
(b)
A wetland report prepared by the biologist.
(c)
A plat of survey prepared by a Wisconsin professional land surveyor
that includes, at a minimum, the property boundaries and location
of any structures on the property; location and legal description
of the field-delineated wetlands; a note indicating the name of the
biologist that completed the wetland staking and the date(s) the wetlands
were staked; clear notations as to which areas are wetlands and which
areas are uplands; and the square footage or acreage of each.
[Amended 7-20-2020 by Ord. No. 20-26]
(d)
A complete application and application fee to amend the Village
Comprehensive Land Use Map and the Village Zoning Map pursuant to
Village requirements for said amendments.
(3)
Southeastern Wisconsin Regional Planning Commission (SEWRPC) staff
biologist. The Village will, upon receipt of a complete application,
coordinate with the staff biologist from the SEWRPC, based on their
availability, a site investigation and wetland report and stake the
location of the wetlands on the property, referred to as a "wetland
staking." The following procedure will be used:
(a)
The property owner or his/her agent shall submit a completed wetland staking application form to the Community Development Department. In addition, the property owner/agent shall submit an application fee pursuant to Article V of this chapter.
(b)
The property owner or his/her agent shall have the property
boundaries clearly delineated and staked on the site by a Wisconsin
professional land surveyor so that the field biologist can clearly
identify the site boundaries.
[Amended 7-20-2020 by Ord. No. 20-26]
(c)
Upon receipt of the completed application, the Community Development
Department staff shall forward a written request letter to SEWRPC
to schedule the services of its field biologist.
(d)
A representative from SEWRPC will contact the Village staff
with the date and time of the field staking appointment. The staking
appointment may be scheduled more than 90 days after the receipt of
a completed application by the Village. The Community Development
Department or SEWRPC will notify the owner or his/her agent of the
appointment date and approximate time so that the owner/agent can
notify the Wisconsin professional land surveyor.
[Amended 7-20-2020 by Ord. No. 20-26]
(e)
The SEWRPC field biologist will field-stake the wetlands by
flagging the limits of the wetlands on the subject property.
(f)
The property owner/agent shall contact his/her Wisconsin professional
land surveyor to prepare a plat of survey of the wetlands within five
days from the date of the biologist's field staking. The owner/agent
shall submit the plat of survey to the Community Development Department
within 30 days from the date of the biologist's staking.
[Amended 7-20-2020 by Ord. No. 20-26]
(g)
The plat of survey, as certified by a Wisconsin professional
land surveyor, shall include, at a minimum, the following information:
the property boundaries and all structures on the property; the location
of the wetlands as staked in the field by the biologist, including
a legal description of the wetland area(s); a notation of the date
when the wetlands were field-staked and which agency, that is, "Wetland
boundary as marked by (agency) SEWRPC on (date) August 5, 1996"; clear
notations as to which areas are wetlands and which areas are uplands;
and the square footage or acreage of each.
[Amended 7-20-2020 by Ord. No. 20-26]
(h)
If the plat of survey is not completed and received by the Community Development Department within the required 30 days from the date of the field staking, the Village will, after providing notice, have the plat of survey completed, and all associated costs will be invoiced to the property owner pursuant to application requirements (pre-development agreement) specified in Article V of this chapter.
(i)
Upon receipt of the plat of survey, the Village will forward
a copy of the plat of survey to the SEWRPC for final review and approval.
(j)
Within 30 days of receipt of the final written approval from SEWRPC, the Village will initiate an application to amend the Village Comprehensive Land Use Map and the Village Zoning Map pursuant to Village requirements for said amendments. All associated costs will be invoiced to the property owner pursuant to application requirements (pre-development agreement) specified in Article V of this chapter.
D.
Principal uses.
(1)
Hiking, fishing, trapping, hunting, swimming, and
boating, unless otherwise prohibited by law, provided that the activity
does not involve filling, flooding, draining, dredging, ditching,
tilling or excavation.
(2)
The maintenance and repair of existing agricultural
drainage systems, including ditching, tiling, dredging, excavating
and filling necessary to maintain the level of drainage required to
continue the existing agricultural use. This may include minimum filling
necessary for disposal of dredged spoil adjacent to the drainage system,
provided that dredged spoils are placed on existing spoil banks where
possible.
(3)
The construction or maintenance of fences for the
pasturing of livestock, including limited excavating and filling necessary
for such construction or maintenance on property being farmed as of
the date of this chapter and where the remaining property is zoned
agricultural.
(4)
Stormwater detention, retention, and/or water quality
ponds or basins and related improvements, including the maintenance
and repair of such facilities so far as the stormwater facilities
and related improvements are located outside of staked/delineated
wetland boundaries or whereby such stormwater facilities and related
improvements are located within staked/delineated wetland boundaries
as permitted by the Wisconsin Department of Natural Resources.
[Added 5-7-2007 by Ord. No. 07-18]
E.
Stipulated conservancy permit:
(1)
A stipulated conservancy permit may be issued by the
Community Development Department only after a completed application
is reviewed and approved by the Village for the following uses within
the C-1 District:
(2)
The procedures for the review of a stipulated conservancy
permit shall be followed.
(a)
An owner/agent shall submit a complete application,
related materials and fee for the stipulated conservancy permit to
the Community Development Department.
(b)
The owner/agent is required to obtain any and
all necessary permits from the ACOE and the DNR. These permits, if
required, shall be obtained prior to the Village issuing the stipulated
conservancy permit.
(c)
Copies of the application and related materials
will be sent to all abutting property owners within 200 feet, the
DNR, the SEWRPC, and the ACOE for a twenty-day review period of the
application.
(d)
After the twenty-day review period is complete,
the Village shall approve or deny the permit. If the permit is approved
the owner must agree to the stipulations prior to the issuance of
the permit.
(e)
The stipulated conservancy permit application,
site plan, stipulations and legal description page shall be recorded
and filed with the Kenosha County Register of Deeds office by the
Village staff. The applicant must submit the filing and recording
fee to the Village.
(f)
An individual, group, or agency may submit a
conservancy management plan and/or a restoration plan for review and
approval for the above-listed activities.
(g)
A stipulated conservancy permit may be for valid
for up to two years with a renewal of said permit only if the management/restoration
plan has not been changed or altered in any manner.
F.
Conditional uses (see also Article XVIII). No conditional uses shall be permitted in the C-1 District except:
(1)
Harvesting of wild crops, such as marsh hay, ferns,
moss, wild rice, berries, tree fruits and tree seeds, in a manner
that is not injurious to the natural reproduction of such crops;
(2)
The construction or maintenance of piers, docks or
walkways built on pilings, including limited excavating and filling
necessary for such construction and maintenance;
(3)
The maintenance, repair, replacement or reconstruction
of existing Village, county, state or federal highways and bridges,
including limited excavating and filling necessary for such maintenance,
repair, replacement or reconstruction;
(4)
Wildlife management structures needed to support open
space or wetland preservation uses, provided that impacts on the wetlands
are minimal;
(5)
The construction or maintenance of duck blinds;
(7)
Park and recreation areas; and
(8)
Railroad lines; and
G.
Lot area.
(1)
Where a property is proposed to be further subdivided
and the lot is located partially within a C-1 District and partially
within an adjoining use district, that area of the lot or parcel in
the C-1 District shall not be used to meet the lot area requirements
of the adjoining district.
(2)
The platting of new lots within a C-1 District and
partially within an adjoining use district shall be discouraged by
the Village. Where new platted areas are proposed, building lot areas
should be located entirely outside of the C-1 District and as a separate
lot or outlot.
(3)
Where an existing platted lot is located partially
within a C-1 District and partially within an adjoining use district,
that area of the lot or parcel in the C-1 District may be used to
meet the lot area requirements of the adjoining district, provided
that at least 50% of the minimum lot area requirements is provided
outside the C-1 District where public sanitary sewerage facilities
are available and sufficient land area per the Kenosha County Sanitary
Ordinance is provided outside the C-1 District where public sanitary
sewerage facilities are not available.
H.
Structures.
(1)
No building or structure shall be permitted, except those permitted by conditional use permits of this C-1 District section or as allowed under Subsection D(4) of this C-1 District section. Furthermore, no on-site soil absorption sanitary sewerage system, holding tank, or private well shall be constructed in the C-1 District.
[Amended 5-7-2007 by Ord. No. 07-18]
(2)
No building or part of a building permitted by a conditional
use permit shall exceed 35 feet in height.
(3)
No maximum or minimum building area shall be required
in the C-1 District.
I.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets
or highways and a minimum of 40 feet from nonarterial streets or private
roads.
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Side setback: 40 feet minimum.
(4)
Rear setback: 40 feet minimum.
(5)
Setback between structures: 40 feet minimum.
A.
Primary purpose and characteristics. The C-2 Upland
Resource Conservancy District is intended to preserve, protect, enhance
and restore all significant woodlands, areas of rough topography,
and related scenic areas. Regulation of these areas will serve to
control erosion and sedimentation and will promote and maintain the
natural beauty of the Village of Pleasant Prairie.
B.
Principal uses.
C.
E.
Lot size and width.
[Amended 7-17-2006 by Ord. No. 06-34]
(2)
If a tree survey which has identified and surveyed
all trees eight inches or larger in diameter shows that the tree area
is less than five acres, then the Village Board may allow for a new
lot to be created in the C-2 District to be reduced to the size of
the tree area; however, the lot size shall not be less than 20,000
square feet.
(3)
Lot frontage on a public street: 300 feet minimum; provided, however, that on a curve or a cul-de-sac the public street frontage may be reduced as necessary to an absolute minimum of 150 feet if all other requirements are satisfied, except as provided below in Subsection E(4).
(4)
If a tree survey which has identified and surveyed
all trees eight inches or larger in diameter shows that the tree area
is less than five acres, then the Village Board may allow for the
lot frontage to be reduced to the amount of the tree frontage; however,
the frontage shall not be less than 100 feet; provided, however, that
on a curve or a cul-de-sac, the public street frontage may be reduced
as necessary to an absolute minimum of 50 feet if all other requirements
are satisfied.
G.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets
or highways and a minimum of 40 feet from nonarterial streets or private
roads.
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 25 feet minimum.
(5)
Rear setback: 50 feet minimum.
(6)
Setback between structures: 25 feet minimum.
A.
Primary purpose and characteristics. The C-3 Natural
and Scientific Area Resource Conservancy District is intended to preserve
and enhance existing natural features, including scenic, historic,
and scientific areas and associated plant and animal communities,
and to prevent the destruction of valuable natural, scenic and scientific
resources, including wetlands, shorelands or navigable waters, prairies,
meadows, sand dunes, woodlands, wildlife habitat and areas with high
erosion hazard. Incompatible development in these areas may result
in hazards to the public health and safety, may deplete or destroy
invaluable and irreplaceable natural resources, or may be otherwise
detrimental to public welfare.
B.
Designation of the natural and scientific area resource
conservancy areas.
(1)
Lands mapped as natural and scientific areas include
those lands identified in a continuous open space preservation consisting
of continuous environmental corridor, including valuable natural,
scenic and scientific resources of special scientific interest, wildlife
habitat areas, and critical plant habitat areas where several Wisconsin
rare, threatened or endangered plant species are identified, wetlands,
prairies, meadows, sand dunes, woodlands and areas subject to flooding
and high erosion hazards.
(2)
For the purpose of determining which areas are to
be located in the C-3 Natural and Scientific Area Resource Conservancy
District, the Village Community Development Department has conservancy
areas mapped as natural and scientific resources as a result of the
planning and study efforts encompassed in the Southeastern Wisconsin
Regional Planning Commission's Community Assistance Planning Report,
titled "A Land Use Management Plan for the Chiwaukee Prairie-Carol
Beach Area of the Town of Pleasant Prairie." The resulting Land Use
Management Plan provides a technically sound, long-term guide to natural
resource base protection and preservation. The Land Use Management
Plan seeks to preserve a substantial portion of the existing natural
features of the area through the maintenance of a continuous environmental
corridor connecting the Kenosha Sand Dunes on the north end and the
area with the Chiwaukee Prairie Preserve on the south end. The Land
Use Management Plan identifies the lands within the corridor to be
acquired and maintained as a natural area/wildlife area by a combination
of state and private conservancy interests. The Wisconsin Department
of Natural Resources and the Nature Conservancy of Wisconsin have
identified land acquisition areas for permanent resource protection.
C.
Mapping corrections in the C-3 District. Upon the public or the private,
nonprofit purchase of land within the Chiwaukee Prairie and Carol
Beach Area pursuant to Map 35 on Page 166 of the Community Assistance
Planning Report No. 88 prepared by SEWRPC entitled "A Land Use Management
Plan for the Chiwaukee Prairie-Carol Beach Area of the Town of Pleasant
Prairie," the Village shall initiate the process to rezone the property
into the C-3 Natural and Scientific Resource Conservancy District.
[Amended 3-7-2016 by Ord.
No. 16-04]
E.
Stipulated conservancy permit.
(1)
A stipulated conservancy permit may be issued by the
Community Development Department only after a completed application
is reviewed and approved by the Village for the following uses within
the C-3 District:
(2)
The procedures for the review of a stipulated conservancy
permit shall be followed.
(a)
An owner/agent shall submit a complete application,
related materials and fee for the stipulated conservancy permit to
the Community Development Department.
(b)
The owner/agent is required to obtain any and
all necessary permits from the ACOE and the DNR. These permits, if
required, shall be obtained prior to the Village issuing the stipulated
conservancy permit.
(c)
Copies of the application and related materials
will be sent to all abutting property owners within 200 feet, the
DNR, the SEWRPC, and the ACOE for a twenty-day review period of the
application.
(d)
After the twenty-day review period is complete,
the Village shall approve or deny the permit. If the permit is approved,
the owner must agree to the stipulations prior to the issuance of
the permit.
(e)
The stipulated conservancy permit application,
site plan, stipulations and legal description page shall be recorded
and filed with the Kenosha County Register of Deeds office by the
Village staff. The applicant must submit the filing and recording
fee to the Village.
(f)
An individual, group, or agency may submit a
conservancy management plan and/or a restoration plan for review and
approval for the above-listed activities.
(g)
A stipulated conservancy permit may be for valid
for up to two years with a renewal of said permit only if the management/restoration
plan has not been changed or altered in any manner.
F.
Conditional uses (see also Article XVIII). No conditional uses shall be permitted in the C-3 District except:
(1)
The development of public and private parks and recreation
areas, marinas and boat access sites, natural and outdoor education
areas, historic and scientific areas, wildlife refuges, game preserves,
and private wildlife habitat areas, provided that:
(a)
Any private recreation or wildlife habitat area
or structure is used exclusively for that purpose.
(b)
No filling is involved in the activity.
(c)
Ditching, excavating, dredging and dike and
dam construction may be done in wildlife refuges, game preserves and
private wildlife habitat areas but only for the purpose of improving
wildlife habitat or otherwise enhancing wetland valves.
(2)
The establishment of roadways and trails for access
to scenic, historic and scientific areas, provided that the roadway
or trail is located, designed and constructed to minimize the adverse
impact upon the natural functions of the area and meets the following
standards:
(a)
The roadway or trail shall be designed and constructed
with the minimum cross section practical to serve the intended use;
(b)
Roadway and trail construction activities are
to be carried out in the immediate area of the roadbed only; and
(c)
Any filling, flooding, drainage, dredging, ditching,
tiling or excavating that is to be done must be necessary for the
construction or maintenance of the roadway or trail.
(4)
The maintenance of railway lines.
(5)
Harvesting of wild crops, such as marsh hay, ferns,
moss, wild rice, berries, tree fruits and tree seeds, in a manner
that is not injurious to the natural reproduction of such crops.
(6)
The construction or maintenance of piers, docks or
walkways built on pilings, including limited excavating and filling
necessary for such construction and maintenance.
(7)
The maintenance, repair, replacement or reconstruction
of existing Village, county, state or federal highways and bridges,
including limited excavating and filling necessary for such maintenance,
repair, replacement or reconstruction.
(8)
Wildlife management structures needed to support open
space or wetland preservation uses, provided that impacts on the wetlands
are minimal.
(9)
Park and recreation areas.
G.
Lot area.
(1)
Where an existing platted lot is located partially
within a C-3 District and partially within an adjoining use district,
that area of the lot or parcel in the C-3 District may be used to
meet the lot area requirements of the adjoining district, provided
that at least 50% of the minimum lot area requirements is provided
outside the C-3 District where public sanitary sewerage facilities
are available and sufficient land area per the Kenosha County Sanitary
Ordinance is provided outside the C-3 District where public sanitary
sewerage facilities are not available.
(2)
Where a property is proposed to be further subdivided
and the lot is located partially within a C-3 District and partially
within an adjoining use district, that area of the lot or parcel in
the C-3 District shall not be used to meet the lot area requirements
of the adjoining district. The platting of new lots within a C-3 District
and partially within an adjoining use district shall be discouraged
by the Village. Where new platted areas are proposed, building lot
areas should be located entirely outside of the C-3 District and as
a separate lot or outlot.
H.
Structures.
(1)
No building structure shall be permitted, except those
permitted by conditional use permits, in the C-3 District. Furthermore,
no on-site soil absorption sanitary sewerage system, holding tank,
or private well shall be constructed in the C-3 District.
(2)
No building or part of a building permitted by a conditional
use permit shall exceed 35 feet in height.
(3)
No maximum or minimum building area shall be required
in the C-3 District.
I.
Setbacks.
(1)
Street setback: minimum of 65 feet from arterial streets
or highways and a minimum of 40 feet from nonarterial streets or private
roads.
(2)
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet
minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3)
Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
(4)
Side setback: 40 feet minimum.
(5)
Rear setback: 40 feet minimum.
[Amended 7-20-2020 by Ord. No. 20-26]
(6)
Setback between structures: 25 feet minimum.
[Amended 1-17-2005 by Ord. No. 05-04[1]; 12-19-2005 by Ord. No. 05-58; 12-19-2005 by Ord. No. 05-61; 6-16-2008 by Ord. No. 08-34; 10-18-2010 by Ord. No. 10-61; 6-4-2012 by Ord. No.
12-19]
A.
Authorization. The Floodplain Overlay District (or FPO), which includes
both the floodway and flood-fringe areas, is hereby created, and the
regulations set out in this section are hereby adopted, pursuant to
the authorization and mandate of §§ 61.35, 62.23 and
87.30, Wis. Stats.
B.
Finding of fact. Uncontrolled development and use of the floodplains,
rivers and streams of the Village of Pleasant Prairie would adversely
affect the public health, safety, convenience and general welfare
and impair the tax base of the Village.
C.
Purpose. The purpose of this section is to regulate land use, development
and development-related activities in flood hazard areas in order
to:
(1)
Protect life, health and property;
(2)
Minimize expenditures of public moneys for costly flood-control projects;
(3)
Minimize rescue and relief efforts which are generally undertaken
at the expense of the taxpaying public;
(4)
Minimize business interruptions which usually result in the loss
of local incomes;
(5)
Minimize damage to public facilities, such as water mains, sewer
lines, streets and bridges, which are located within floodplain areas;
(6)
Minimize the occurrence of future flood blight areas;
(7)
Discourage the victimization of unwary land and home buyers;
(8)
Prevent increases in regional flood heights that could increase flood
damage and result in conflicts or litigation between property owners;
and
(9)
Prohibit development in the floodplain that is not expressly
allowed as a conditional use pursuant to this section.
D.
Title. This section shall be known as the "Floodplain Zoning Ordinance
of the Village of Pleasant Prairie."
E.
Areas regulated. Areas regulated by this section include all areas within the limits of the Village of Pleasant Prairie (Village) that would be covered by water in the event of a regional flood or base flood as shown the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) or other maps approved by the Wisconsin Department of Natural Resources (DNR), FEMA, and described in Subsection I below or that would become a floodplain island surrounded by water in the event of a regional flood. Regional flood elevations (RFE) may be derived from other studies as referenced in this section. If more than one map or revision is referenced, the most restrictive information shall apply.
F.
Establishment of FPO District. The FPO Floodplain Overlay District established by this section consists of the floodplain or A Zone (as defined in Subsection CC below) and includes both the floodway and the flood fringe (as defined in Subsection CC below). The floodplain or A Zone may contain lands within the A, AE, AH and AO Zones on the Flood Insurance Rate Maps.
G.
Annexed areas. This section shall automatically apply to any floodplain
area within land annexed by the Village from and after the time the
annexation takes effect. The Kenosha County floodplain zoning provisions
and mapping in effect with respect to any annexed land at the time
the annexation takes effect shall remain in effect and be enforced
by the Village to the extent provided by law, and in any event the
county floodplain mapping shall remain effective until such time as
a Village floodplain map amendment takes effect. The ordinance amendment
shall meet the requirements of Ch. NR 116, Wis. Adm. Code, and 44
CFR 59-72, National Flood Insurance Program (NFIP).
H.
Relationship of FPO regulations to regulations imposed by underlying
basic zoning ordinance and other Village ordinances. Any land use,
development or development-related activity within the Floodplain
Overlay District shall satisfy all requirements imposed by this chapter
(including, without limitation, general requirements, requirements
relating to specific conditional uses, and requirements relating to
basic underlying zoning districts) and all requirements imposed by
all other applicable Village ordinances, as well as all requirements
imposed by this section with respect to floodplain areas. In the event
of any conflict between any such requirements, the most restrictive
shall be controlling.
I.
Official floodplain maps and studies.
(1)
Subject to the provisions of Subsections O, R and S below, the boundaries of the floodplain areas, including both the floodway and the flood-fringe areas, and the boundaries of the floodway areas (all as defined in Subsection CC below), and the water surface elevations of the regional flood profile, are as designated on the official floodplain maps or as stated in or determinable from other official DNR- and FEMA-approved technical studies, listed below, which are hereby adopted and incorporated by reference. These official floodplain maps and studies are on file in the office of the Village of Pleasant Prairie Zoning Administrator. In the event of a conflict between any of the maps or studies referred to in this Subsection I, the most restrictive information shall apply.
[Amended 2-20-2017 by Ord. No. 17-07]
(a)
Flood Insurance Rate Maps (FIRMs) prepared by FEMA for the Kenosha
County and Incorporated Areas, Map Number 55059CIND0B, effective date
March 7, 2017, Panels 55059C0179D, 55059C0183D, 55059C0187D, 55059C0188D,
55059C0189D, 55059C0191D, 55059C0193D, 55059C0194D, 55059C0203D, 55059C00211D,
55059C00212D, 55059C00213D, 55059C00214D, 55059C00216D, 55059C00218D,
55059C00302D, 55059C00306D, 55059C00307D, 55059C00326D, 55059C00327D
and 55059C00331D, prepared by FEMA, effective June 19, 2012. The following
amendments included:
[1]
FIRM Map Number 55059C0189D, amended pursuant to FEMA LOMR Case
16-05-7542P dated November 2, 2016, and effective March 23, 2017.
[2]
FIRM Map Numbers 55059C0184E and 55059C0192E, as amended with
a map revision date of March 7, 2017.
[3]
Flood Insurance Study for Kenosha County, Wisconsin, and Incorporated
Areas, prepared by FEMA, with an effective date of March 7, 2017,
Flood Insurance Study Numbers 55059CV001B, 55059CV002B.
[4]
FIRM MAP Number 55059C0191D, amended pursuant to FEMA LOMR-F
Case No. 16-05-2410X, dated January 29, 2016.
[Added 4-17-2017 by Ord.
No. 17-18]
[5]
FIRM MAP Numbers 55059C0191D and 55059C0193D and Date of Effective
Flood Insurance Study; June 19, 2012, Profile: 105P and Floodway Data
Table: 9 amended pursuant to FEMA-LOMR-APP Case No.: 17-05-1426P,
effective September 12, 2017.
[Added 8-28-2017 by Ord.
No. 17-41]
[6]
FIRM MAP Numbers 55059C0189D and Date of Effective Flood Insurance
Study: March 7, 2017, Profile: 91P and Floodway Data Table: 9, amended
pursuant to FEMA-LOMR-APP Case No.: 18-05-1772P, effective August
9, 2019.
[Added 9-16-2019 by Ord. No. 19-31]
[7]
FIRM MAP Number 55059C0192E and Date of Effective Flood Insurance
Study: March 7, 2017, Profiles: 102P and 104P and Floodway Data Table:
9, amended pursuant to FEMA-LOMR-APP Case No.: 21-05-4480P, effective
August 4, 2022.
[Added 6-13-2022 by Ord. No. 22-13]
(b)
Map A-2 titled "Floodplains in the Chiwaukee Prairie-Carol Beach
Study Area Under Existing and Future Development Conditions" and Table
A-3 titled "One-Hundred-Year Recurrence Interval Flood Stages for
the Chiwaukee Prairie-Carol Beach Study Area Under Existing and Future
Development Conditions," pages 189 and 188, respectively, of SEWRPC
Community Assistance Planning Report No. 88, titled "A Land Use Management
Plan for the Chiwaukee Prairie-Carol Beach Area of the Town of Pleasant
Prairie, Kenosha County, Wisconsin," prepared by the Southeastern
Regional Planning Commission, February 1985.
(2)
Public information.
(a)
Marks should be placed on structures, where and when appropriate,
by local or state agencies to show the depth of inundation during
the regional flood.
(b)
All maps, engineering data and regulations as specified in this § 420-131 are available for viewing during regular Village business hours and can be purchased.
(c)
Real estate transfers shall show the floodplain district that
any real property is located in.
(3)
Development is restricted within the floodplain, and all permit applications shall be reviewed by the Village to determine whether the proposed building site will reasonably be safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant material; be constructed to minimize flood damages; and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding. A land division shall be reviewed for compliance with the above standards. All proposed land divisions shall include regional flood elevation and floodway data for any development that meets the land division definition of this section and all other requirements in Subsection M below. Adequate drainage shall be provided to reduce exposure to flood hazards, and all public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damages.
(4)
Amendments.
(a)
Obstructions or increases may only be permitted if amendments are made to this section, the official floodplain zoning maps, floodway lines and water surface profiles in accordance with this § 420-131.
(b)
In AE Zones within a mapped floodway or unmapped floodway, no
obstructions or increases shall be permitted unless the applicant
receives a Conditional Letter of Map Revision from FEMA and amendments
are made to this section, the official floodplain zoning maps, floodways
lines and water surface profiles in accordance with this section.
Any such alterations must be reviewed and approved by FEMA and the
DNR.
(c)
In A Zones, increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this section, the official floodplain maps, floodway lines, and water surface profiles, in accordance with Subsection T.
J.
General standards applicable to all floodplain districts.
(1)
Village review.
(a)
The Village shall review all permit applications to determine
whether proposed building sites will be reasonably safe from flooding.
If a proposed building site is in a flood-prone area, all new construction
and substantial improvements shall be designed and anchored to prevent
flotation, collapse, or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads; be constructed with flood-resistant
materials; be constructed to minimize flood damages and to ensure
that utility and mechanical equipment is designed and/or located so
as to prevent water from entering or accumulating within the equipment
during conditions of flooding.
(b)
Land divisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this section and all other requirements in Subsection M(2)(c). Adequate drainage shall be provided to reduce exposure to flood hazards, and all public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damages.
(2)
Hydraulic and hydrologic analyses.
(a)
No land use, development or development-related activity, except
as provided below, shall be permitted in floodplain areas which will:
(b)
Any proposed land use, development or development-related activity which will obstruct flow or result in an increase in the regional flood height may be permitted only if appropriate amendments are made to the applicable official floodplain map(s), including floodplain and/or floodway boundary lines and water surface profiles of the regional flood, as applicable, in accordance with Subsection T below.
(c)
The Village Zoning Administrator and other appropriate Village
officials and bodies shall deny any application for an administrative
permit or approval when it is determined that the proposed land use,
development or development-related activity will obstruct flow or
cause any increase in the upstream or downstream regional flood height,
based on the available data, or when the applicant fails to satisfy
the applicant's burden of proof relating to such issues.
K.
Floodplain issues and discrepancies.
(1)
Whenever an issue relating to floodplain-related matters arises,
it shall be administratively determined in the first instance by the
Village Zoning Administrator.
(2)
Where an apparent discrepancy exists between the location of
the floodplain boundary [as shown on the applicable official floodplain
map(s)] and actual field conditions, the location of such boundary
shall be initially determined by the Village Zoning Administrator
or other appropriate Village officials or bodies, depending upon the
nature of the permit, approval or issue involved, using the following
criteria:
(a)
Where flood profiles of the regional flood exist, the location
of the floodplain boundary line shall be determined using both the
scale and contours appearing on the official floodplain map (or on
a more accurate topographic map if available) and the water surface
elevations shown on the flood profile of the regional flood. Where
a discrepancy exists between the official floodplain map and actual
field conditions, the regional flood elevations shall govern.
(b)
Where the base flood elevation has been determined pursuant
to the official floodplain map (Zone A of the FIRM) or any designated
navigable waterway where a floodplain study has not been completed,
a detailed study to determine the base flood elevation shall be completed
and approved by the DNR and FEMA and this section shall be amended.
(c)
Where flood profiles of the regional flood do not exist, the
location of the floodplain boundary line shall be determined using
the scale and contours appearing on the official floodplain map (or
on a more accurate topographic map if available) and any other credible
information which is available.
(3)
A floodplain map amendment is required whenever an administrative
determination is made that a significant discrepancy exists between
the official floodplain map and actual field conditions. The Village
Zoning Administrator shall be responsible for initiating any such
map amendments within a reasonable period of time.
(4)
Notwithstanding any language in any Village ordinance apparently
to the contrary, the Village Zoning Administrator and other Village
officials and bodies, as appropriate to the type of permit or approval
in question, shall have the authority to deny or condition a building,
zoning or land disturbance permit, or a land division approval, or
any other land use or development-related permit or approval, to ensure
compliance with this section. Such permits or approvals may be denied
or conditioned upon the basis of an administrative determination,
such as the location of a floodplain boundary or the location of a
floodway boundary, whether or not an amendment of the official floodplain
map is required.
(5)
Disputes regarding the administrative determination of the location of a floodplain boundary line or other administrative floodplain-related determinations, decisions or orders made under this section shall be resolved in the first instance by an appeal to the Village Zoning Board of Appeals in accordance with Subsection R below.
L.
Burden of proof. In the event of any issue regarding the location
of the boundary of any floodplain or floodway, or whether any proposed
or existing land use or development or development-related activity
is subject to this section, or whether or the extent to which a proposed
land use or development will obstruct flow or raise the height of
the regional flood elevation, or the flow rate to which a proposed
land use or development will be subjected, or whether the flood-carrying
capacity of a watercourse will be maintained, or any other issue arising
under or in connection with this section, the applicant, or the owner,
developer or user who is the proponent of the land use or development
or development-related activity in question, shall have the burden
of proof, by a preponderance of the evidence, demonstrating that the
land use or development or development-related activity in question
is in compliance with and satisfies all applicable provisions of this
section.
M.
Administration.
(1)
Duties and powers. The Zoning Administrator or his/her designee is authorized to administer this section, and in addition to the duties and powers specified in § 420-17, the Zoning Administrator shall have the following duties and powers:
(a)
Advise applicants of the ordinance provisions, assist in preparing
permit applications and appeals, and assure that the regional flood
or base flood elevation for the proposed development is shown on all
permit applications.
(b)
Issue permits and inspect properties for compliance with provisions
of this section and issue certificates of compliance where appropriate.
(c)
Inspect and assess all damaged floodplain structures and perform
a substantial damage assessment to determine if substantial damage
to the structures has occurred.
(d)
Keep records of all official actions such as:
[1]
All permits issued, inspections made, and work approved;
[2]
Documentation of certified lowest floor and regional flood elevations;
[3]
Floodproofing certificates.
[4]
Water surface profiles, floodplain zoning maps and ordinances,
nonconforming uses and structures, including changes, appeals, variances
and amendments.
[5]
All substantial damage assessment reports for floodplain structures.
[6]
List of nonconforming structures and uses.
(e)
Submit copies of the following items to the DNR:
[1]
Within 10 days of the decision, a copy of any decisions on variances,
appeals for map or text interpretations, and map or text amendments.
[2]
Copies of any case-by-case analyses and any other required information
required by the DNR, including an annual summary of the number and
types of floodplain zoning actions taken.
[3]
Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
(f)
Investigate, prepare reports, report violations and enforce this section pursuant to Subsection AA. Provide copies of the reports to the DNR.
(g)
Submit copies of amendments and biennial reports to the FEMA
regional office.
(2)
Application submission requirements. Any applicant for any Village permit or approval for or in connection with any land use, development or development-related activity (as defined in Subsection CC below) within or potentially within the floodplain shall submit to the Village Zoning Administrator or other appropriate Village officials or bodies, depending upon the nature of the permit or approval in question, the following documents or information at the time such application is filed, in addition to any other documents or information required to be submitted by any other section of this chapter or any other applicable Village ordinance. The Village may transmit to the DNR a copy of the information submitted with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data.
(a)
Site development plan. Twelve copies (plus one copy reduced
to 8 1/2 inches by 11 inches or 11 inches by 17 inches) of a
site development plan, drawn to scale (or superimposed on a scaled
aerial photograph), which accurately locates the proposed land use,
development or development-related activity with respect to real property
boundaries, floodplain boundaries, floodway boundaries, or channel
of stream if the floodway boundaries do not appear on the applicable
official floodplain map(s) and which shows the following:
[1]
Name and address of the application, property owner and contractor;
[2]
Legal description, proposed use and whether it is new construction
or modification;
[3]
Location, dimensions and area of the lot or parcel and its elevation(s)
using the vertical datum from the adopted study, either National Geodetic
Vertical Datum 1929 (NGVD29) or North American Vertical Datum 1988
(NAVD88);
[4]
Location of the ordinary high-water mark of any abutting navigable
waterways;
[5]
Location, type, dimensions and spatial arrangement of any existing
or proposed structures with distances measured from the lot or parcel
boundary lines;
[6]
Location of any existing or proposed private sewage systems
or private water supply systems;
[7]
Location and elevation of existing or proposed access roads
using the vertical datum from the adopted study, either NGVD29 or
NAVD88;
[8]
Location of floodplain and floodway limits on the property as
determined from the official floodplain maps;
[9]
The elevation of the lowest floor of any proposed buildings
using the vertical datum from the adopted study, either NGVD29 or
NAVD88;
[10]
The location, dimensions, volume and resulting
elevation(s), using the vertical datum from the adopted study, either
NGVD29 or NAVD88, of any proposed fill or other deposition or storage
of materials, or of any proposed cut or excavation of materials;
[11]
The location, dimensions and elevations, using
the vertical datum from the adopted study, either NGVD29 or NAVD88,
of all existing or proposed streets, bridges and public utilities;
and
[12]
The vertical datum, either NGVD29 or NAVD88, shall
be clearly shown on the plans and calculations.
(b)
The Village Zoning Administrator, his or her designee, or other appropriate Village officials or bodies, depending upon the nature of the permit or approval in question, shall have authority to waive in writing any of the foregoing requirements in Subsection M(2)(a) to the extent the information is not necessary to determine compliance with this section.
(c)
Such additional documents and information as deemed necessary
by the Village or the DNR to determine compliance of the proposed
land use, development or development-related activity with all of
the requirements of this section, including the following, without
limitation:
[1]
Data and computations sufficient to determine the regional flood
elevation, using the vertical datum from the adopted study, either
NGVD29 or NAVD88, at the location of the proposed land use, development
or development-related activity and to determine whether or not the
requirements of this section are satisfied.
[2]
Data and computations sufficient to determine if the proposed
land use, development or development-related activity will cause either
an obstruction to flow or an increase in regional flood height or
the regional flood discharge and to quantify any such obstruction
or increase.
[3]
Any available documented historical high-water information.
[4]
Typical valley cross section(s) (elevation view) showing the
channel of the stream, the floodplain adjoining each side of the channel,
and the cross-sectional area to be occupied by the proposed land use,
development or development-related activity (perpendicular to the
watercourse) and indicating whether the proposed use, development
or development-related activity will obstruct the regional flood flow.
[5]
Specifications for all proposed buildings and structures, floodproofing,
filling, dredging, channel improvement, storage of materials, streets,
bridges, public utilities, and all related materials.
[6]
An analysis of the effect of the proposed land use, development
or development-related activity on the velocity of flow or the floodplain
storage capacity.
[7]
A surface drainage plan with adequate details showing how flood
damage will be minimized.
[8]
The estimated cost of the proposed development or development-related
activity.
(d)
Hydraulic and hydrologic studies to analyze development as required in Subsection J(2).
[1]
All hydraulic and hydrologic studies shall be completed under
the direct supervision of a professional engineer licensed and registered
in the state. The licensed and registered professional engineer shall
be responsible for the technical adequacy of the study. All studies
shall be reviewed and approved by DNR.
[2]
Zone A floodplains.
[a]
Hydrology. The appropriate method shall be based
on the standards in § NR 116.07(3), Wis. Adm. Code, Hydrologic
Analysis: Determination of Regional Flood Discharge.
[b]
Hydraulic modeling. The regional flood elevation
shall be based on the standards in § NR 116.07(4), Wis.
Adm. Code, Hydraulic Analysis: Determination of Regional Flood Elevation,
and the following:
[i]
Determination of the required limits of the hydraulic
model shall be based on detailed study information for downstream
structures (dam, bridge, culvert) to determine adequate starting water
surface elevation for the study.
[ii]
Channel sections must be surveyed.
[iii]
Minimum four-foot contour data in the overbanks
shall be used for the development of cross-section overbank and floodplain
mapping.
[iv]
A maximum distance of 500 feet between cross sections
is allowed in developed areas with additional intermediate cross sections
required at transitions in channel bottom slope, including a survey
of the channel at each location.
[v]
The most current version of HEC-RAS shall be used.
[vi]
A survey of bridge and culvert openings and the
top of road is required at each structure.
[vii]
Additional cross sections are required at the
downstream and upstream limits of the proposed development and any
necessary intermediate locations based on the length of the reach
if greater than 500 feet.
[viii]
Standard accepted engineering practices shall
be used when assigning parameters for the base model such as flow,
Manning's N values, expansion and contraction coefficients or effective
flow limits. The base model shall be calibrated to past flooding data
such as high water marks to determine the reasonableness of the model
results. If no historical data is available, adequate justification
shall be provided for any parameters outside standard accepted engineering
practices.
[ix]
The model must extend past the upstream limit
of the difference in the existing and proposed flood profiles in order
to provide a tie-in to existing studies. The height difference between
the proposed flood profile and the existing study profiles shall be
no more than 0.00 feet.
[c]
Mapping. A work map of the reach studied shall
be provided, showing all cross-section locations, floodway/floodplain
limits based on best available topographic data, geographic limits
of the proposed development and whether the proposed development is
located in the floodway.
[i]
If the proposed development is located outside
of the floodway, then it is determined to have no impact on the regional
flood elevation.
[ii]
If any part of the proposed development is in
the floodway, it must be added to the base model to show the difference
between existing and proposed conditions. The study must ensure that
all coefficients remain the same as in the existing model, unless
adequate justification based on standard accepted engineering practices
is provided.
[3]
Zone AE Floodplains.
[a]
Hydrology. If the proposed hydrology will change
the existing study, the appropriate method to be used shall be based
on § NR 116.07(3), Wis. Adm. Code, Hydrologic Analysis:
Determination of Regional Flood Discharge.
[b]
Hydraulic model. The regional flood elevation shall
be based on the standards in § NR 116.07(4), Wis. Adm. Code,
Hydraulic Analysis: Determination of Regional Flood Elevation, and
the following:
[i]
Duplicate Effective Model. The Effective Model
shall be reproduced to ensure correct transference of the model data
and to allow integration of the revised data to provide a continuous
FIS model upstream and downstream of the revised reach. If data from
the effective model is available, models shall be generated that duplicate
the FIS profiles and the elevations shown in the Floodway Data Table
in the FIS report to within 0.1 foot.
[ii]
Corrected Effective Model. The Corrected Effective
Model shall not include any man-made physical changes since the Effective
Model date but shall import the model into the most current version
of HEC-RAS for DNR review.
[iii]
Existing (Pre-Project Conditions) Model. The
Existing Model shall be required to support conclusions about the
actual impacts of the project associated with the Revised (Post-Project)
Model or to establish more up-to-date models on which to base the
Revised (Post-Project) Model.
[iv]
Revised (Post-Project Conditions) Model. The Revised
(Post-Project Conditions) Model shall incorporate the Existing Model
and any proposed changes to the topography caused by the proposed
development. This model shall reflect proposed conditions.
[v]
All changes to the Duplicate Effective Model and
subsequent models must be supported by certified topographic information,
bridge plans, construction plans and survey notes.
[vi]
Changes to the hydraulic models shall be limited
to the stream reach for which the revision is being requested. Cross
sections upstream and downstream of the revised reach shall be identical
to those in the Effective Model and result in water surface elevations
and top widths computed by the Revised Models matching those in the
Effective Models upstream and downstream of the revised reach as required.
The Effective Model shall not be truncated.
[c]
Mapping. Maps and associated engineering data shall
be submitted to the DNR for review which meet the following conditions:
[i]
Consistency between the revised hydraulic models,
the revised floodplain and floodway delineations, the revised flood
profiles, topographic work map, annotated FIRMs and/or Flood Boundary
Floodway Maps (FBFMs), construction plans, bridge plans.
[ii]
Certified topographic map of suitable scale, contour
interval, and a planimetric map showing the applicable items. If a
digital version of the map is available, it may be submitted in order
that the FIRM may be more easily revised.
[iii]
Annotated FIRM panel showing the revised one-percent-
and 0.2-percent-annual-chance floodplains and floodway boundaries.
[iv]
If an annotated FIRM and/or FBFM and digital mapping
data (GIS or CADD) are used, then all supporting documentation or
metadata must be included with the data submission along with the
Universal Transverse Mercator (UTM) projection and State Plane Coordinate
System in accordance with FEMA mapping specifications.
[v]
The revised floodplain boundaries shall tie into
the effective floodplain boundaries.
[vi]
All cross sections from the effective model shall
be labeled in accordance with the effective map, and a cross-section
lookup table shall be included to relate to the model input numbering
scheme.
[vii]
Both the current and proposed floodways shall
be shown on the map.
[viii]
The stream center line or profile baseline used
to measure stream distances in the model shall be visible on the map.
(e)
Expiration. All permits issued under the authority of this section
shall expire in 180 days after issuance. The permit may be extended
for a maximum of 180 days for good and sufficient cause.
N.
Conditional uses. The following land uses or development activities are conditional uses in the Floodplain Overlay District, provided that they are either permitted or conditional uses in the underlying basic zoning district or that they satisfy the requirements of Subsection S below, and further provided that they have a low flood damage potential and comply with all other requirements of this section:
(1)
Nonstructural agricultural uses, such as general farming, pasturing,
outdoor plant nurseries, horticulture, viticulture, forestry, sod
farming and wild crop harvesting.
(2)
Nonstructural industrial and commercial uses, as defined in Subsection CC, such as loading areas and parking areas, provided that in addition to all other requirements such uses are not subject to inundation depths exceeding two feet or flood velocities exceeding two feet per second upon the occurrence of a regional flood.
(3)
Nonstructural private or public recreational uses, such as golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves, target ranges, trap
and skeet ranges, hunting and fishing areas, and hiking and horseback
riding trails.
(4)
Uses or structures accessory to permanent open space uses, or those
classified as historic structures, shall comply with the following
requirements:
(a)
The structures are not designed for human habitation or associated
with high flood damage potential and are constructed to minimize flood
damage;
(b)
The structures are constructed and placed on the building site
with the longitudinal axis parallel to the direction of flow of floodwaters,
insofar as the structure does not cause any increase in flood levels
during the occurrence of the regional flood and offer minimum obstruction
to the flow of floodwaters;
(c)
The structures are firmly anchored to prevent them from floating
away and restricting bridge openings or other constricted sections
of the steam or river;
(d)
The structures shall have all electrical and heating service
facilities and equipment at or above the flood-protection elevation
for the particular area; and
(e)
Shall have a minimum of two openings on different walls having
a total net area not less than one square inch for every square foot
of enclosed area and the bottom of all such openings being no higher
than one foot above grade. The openings shall be equipped with screens,
louvers, or other coverings or devices, provided that they permit
the automatic entry and exit of floodwaters.
(5)
Functionally water-dependent uses, such as docks, piers or wharves, including those used as part of a marina, and other water-related uses, such as dams, flowage areas, culverts, navigational aids and river crossings of transmission lines and pipelines, in accordance with Chs. 30 and 31, Wis. Stats.
(6)
Public utilities, streets and bridges, provided that in addition
to all other requirements:
(a)
Adequate floodproofing measures are provided to the flood-protection
elevation (minor or auxiliary roads or nonessential utilities may
be constructed in the flood fringe at lower elevations, provided that
they withstand flood forces to the regional flood elevation);
(7)
Private on-site sewage disposal systems only in the flood-fringe area (prohibited in the floodway area), provided that in addition to all other requirements they shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to Subsection S(2), to the flood-protection elevation and shall satisfy the applicable provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
(8)
Public or private wells only in the flood-fringe area (prohibited in the floodway area), provided that in addition to all other requirements they shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to Subsection S(2), to the flood-protection elevation and shall satisfy the applicable provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
(9)
Filling, or other deposition or storage of materials, provided that
in addition to all other requirements:
(b)
No material is deposited in navigable waters unless a permit is issued by the DNR pursuant to Ch. 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344 has been issued, if applicable, and all other requirements of this section are satisfied;
(c)
The fill or other material will be protected against erosion
by riprap, vegetative cover, sheet piling or bulkheading sufficient
to prevent erosion;
(d)
Such filling or other deposition of material is not associated
with private or public waste disposal;
(e)
The storage of materials, only in the flood-fringe area (prohibited in the floodway area), that are buoyant, flammable or explosive or which in times of flooding could be injurious to property, water quality or human, animal, plant, fish or aquatic life shall be at or above the flood-protection elevation for the particular area or floodproofed in compliance with Subsection S below, and adequate measures shall be taken to assure that said materials will not enter the river or stream during flooding;
(f)
Excavation below the ordinary high-water mark shall not be considered
as providing any equal volume of storage capacity for compensation
purposes, unless Ch. NR 116, Wis. Adm. Code, is more restrictive.
Any area of such compensating flood storage capacity shall drain freely
to the receiving stream, unless Ch. NR 116, Wis. Adm. Code, is more
restrictive. The Village may impose slope, safety shelf or other requirements
to ensure that such areas of compensating flood storage capacity are
reasonably safe under the circumstances, unless Ch. NR 116, Wis. Adm.
Code, is more restrictive; and
(g)
The fill is not classified as a solid waste or hazardous waste
material.
(10)
Levees or flood walls, provided that in addition to all other requirements the requirements of § NR 116.17, Wis. Adm. Code, and FEMA standards, are satisfied, the requirements of Subsections J and N(9) above are satisfied, adequate arrangements are made by the applicant to ensure that the levee or flood wall will be properly maintained without cost to the Village, unless the Village Board determines that such maintenance should be undertaken by the Village, and all necessary permits and approvals are obtained. The Village may impose requirements to ensure that such improvements are reasonably safe under the circumstances.
(11)
Channel improvements, provided that in addition to all other requirements the applicable requirements of § NR 116.17, Wis. Adm. Code, are satisfied, the requirements of Subsections T and U below are satisfied, adequate arrangements are made by the applicant to ensure that the channel improvements will be properly maintained without cost to the Village, unless the Village Board determines that such maintenance should be undertaken by the Village, and all necessary permits and approvals are obtained. The Village may impose requirements to ensure that such improvements are reasonably safe under the circumstances.
(12)
Open space land uses or development improvements or activities listed above in Subsection N(1) to (11) which are not specifically allowed as permitted, conditional or accessory uses in the underlying basic zoning district may nonetheless be approved as conditional uses in the Floodplain Overlay District, provided that in addition to all other requirements the body with authority to grant conditional use permits finds, in writing, that such uses are compatible with the land uses allowed in the underlying basic zoning district, are not adverse to the public health, safety or welfare, and do not unreasonably interfere with the use and enjoyment of other properties in the vicinity.
(13)
Stormwater detention or retention facilities only in the flood-fringe area (prohibited in the floodway area), provided that in addition to all other requirements the requirements of Subsection N(9) above are satisfied. Further, with respect to any stormwater detention or retention facility designed to exclude the regional flood, the requirements of Subsection N(10) above shall be satisfied. With respect to any stormwater detention or retention facility designed to allow the regional flood to flow into the facility, the facility shall be designed so that all of the required detention or retention capacity shall be above the water surface elevation of the regional flood at the particular location in question.
O.
Conditional use procedures. Except as is specifically provided to the contrary in this section, the conditional use permit procedures set out in Article XVIII of this chapter shall apply to applications for conditional use permits for any land use or development allowed by Subsection N above. In addition to any requirements of Article XVIII, the following conditions shall be imposed on all conditional use permits issued under this section:
(1)
Any land use or development so permitted shall be located, constructed,
installed, conducted and maintained in compliance with this section.
(2)
No development shall be used or occupied until it is completed and
inspected by the Village and until a certificate of compliance has
been issued by the Village Zoning Administrator or other appropriate
Village official or body.
(a)
The certificate of compliance shall show that the building or
premises or part thereof and the proposed use conform to the provisions
of this section;
(b)
Application for such certificate shall be concurrent with the
application for a permit;
(c)
The applicant shall submit a certification signed and sealed by a Wisconsin-licensed and registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a Wisconsin-licensed and registered professional engineer or architect that floodproofing measures meet the requirements of Subsection S; and
(d)
If all requirements are met, the certificate of compliance shall
be issued within 10 days after the owner submits written notification
that the permitted work is completed.
(3)
The applicant shall obtain all other necessary federal, state and local permits and approvals, including, without limitation, those required from the DNR under Ch. 30, Wis. Stats., and those from the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.
P.
Prohibited uses. All land uses and development not listed as conditional uses in Subsection N above are prohibited within the Floodplain Overlay District, including, without limitation, the following:
(1)
Structures in, on or over floodplain areas which are designed for
human habitation or associated with high flood damage potential or
not associated with permanent open space uses.
(2)
The storage of any materials that are capable of floating, flammable,
explosive, or injurious to property, water quality, or human, animal,
plant, fish or other aquatic life.
(3)
Any land uses or development which is not in harmony with, or which
may be detrimental to, the uses permitted in the underlying basic
use zoning districts.
(4)
Any private sewage systems in the floodway area, except portable
latrines that are removed prior to flooding, and systems associated
with recreational areas and DNR-approved campgrounds, that meet the
applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm.
Code.
(5)
Any public or private wells in the floodway area which are used to
obtain water for ultimate human consumption, except those wells in
recreational areas that meet the requirements of local ordinances
and Chs. NR 811 and NR 812, Wis. Adm. Code.
(6)
Any solid or hazardous waste disposal sites, whether public or private.
(7)
Any wastewater treatment ponds or facilities, except those permitted
under § NR 110.15(3)(b), Wis. Adm. Code.
(8)
Any sanitary sewer or water supply mains in the floodway area, except
those to service existing or proposed development located outside
the floodway which complies with the regulations for the floodplain
area occupied.
(9)
Any camping units within a public or private campground.
(10)
Any residential structure or use, including a manufactured or
mobile home.
Q.
Nonconforming uses.
(1)
General.
(a)
Applicability. These regulations apply to the modification of,
or addition to, any structure, and to the use of any structure or
premises, which was lawful before the passage of this section or any
amendment thereto, including, without limitation, any text amendment
or any amendment to the official floodplain map or to the regional
flood profiles.
(2)
The existing lawful use of a structure or building which is not in
conformity with the provisions of this section may continue subject
to the following conditions:
(a)
No modifications or additions to a nonconforming use or nonconforming
structure shall be permitted unless they are made in conformity with
the provisions of this section for the area of the floodplain occupied
and the other applicable provisions of this chapter. The words "modification"
and "addition" include, but are not limited to, any alteration, addition,
modification, structural repair, rebuilding or replacement of any
such existing use or structure or accessory structure or use. Maintenance
is not considered a modification. Maintenance activities include such
items as internal and external painting, decorating, paneling and
the replacement of doors, windows and other nonstructural components
and the maintenance, repair or replacement of existing private sewage
or water supply systems or connections to public utilities. Any costs
associated with the repair of a damaged structure are not considered
maintenance.
(b)
If a nonconforming use or the use of a nonconforming structure
is discontinued for 12 consecutive months it is no longer permitted,
and any future use of the property, and of any structure or building
thereon, shall conform to the applicable requirements of this section.
(c)
As requests are received by the Village for modifications or
additions to nonconforming uses or nonconforming structures, a record
shall be kept which lists the nonconforming uses and nonconforming
structures, their present equalized assessed value, the cost of those
additions or modifications which have been permitted, and the percentage
of the structure's total current value such additions or modifications
represent.
(d)
No modification or addition to any nonconforming structure or
any structure with a nonconforming use which, over the life of the
structure, would equal or exceeds 50% of its present equalized assessed
value shall be allowed unless the entire structure is permanently
changed to a conforming structure with a conforming use in compliance
with the applicable requirements of this section. Contiguous dry land
access must be provided for residential and commercial uses in compliance
with Ch. NR 116, Wis. Adm. Code. The costs of elevating the lowest
floor of a nonconforming building or a building with a nonconforming
use to the flood-protection elevation are excluded from the fifty-percent
provisions of this subsection.
(e)
If any nonconforming structure or any structure with a nonconforming
use is destroyed or is so badly damaged that it cannot be practically
restored, it cannot be replaced, reconstructed or rebuilt unless the
use and the structure satisfy the requirements of this section. For
the purpose of this subsection, restoration is deemed impractical
where the total cost of such restoration would equal or exceeds 50%
of the present equalized assessed value of the structure. For nonconforming
buildings that are substantially damaged or destroyed by a nonflood
disaster, the repair or reconstruction of any such nonconforming building
shall be permitted in order to restore it, to the size and use in
effect prior to the damage event, provided that the minimum federal
code requirements below are met and all required permits have been
granted prior to the start of construction.
[1]
Residential structures.
[a]
Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of Subsection S(2).
[b]
Shall be anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, and shall be
constructed with methods and materials resistant to flood damage.
[c]
Shall be constructed with electrical, heating,
ventilation, plumbing and air-conditioning equipment and other service
facilities that are designed and/or elevated so as to prevent water
from entering or accumulating within the components during conditions
of flooding.
[d]
In A Zones, obtain, review and utilize any flood
data available from a federal, state or other source.
[e]
In AO Zones with no elevations specified, shall
have the lowest floor, including basement, meet one of the following
conditions below, whichever is higher:
[f]
In AO Zones, shall have adequate drainagepaths
around structures on slopes to guide floodwaters around and away from
the structure.
(f)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with § 420-131J, M, N and O; flood-resistant materials are used; and construction practices and floodproofing methods that comply with § 420-131S are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection Q(2)(e)[1] if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(g)
No modification or addition to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access shall be provided for residential and commercial uses in compliance with Subsection S(4).
(h)
If, on a per-event basis, the total value of the work being done under Subsection Q(2)(d) and (g) equals or exceeds 50% of the present equalized assessed value, the work shall be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access shall be provided for residential and commercial uses in compliance with Subsection S(4).
(3)
Floodway areas.
(a)
Modification or addition.
[1]
No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in a floodway
area unless such modification or addition:
[2]
An addition to the existing structure shall be floodproofed, pursuant to Subsection S, by means other than the use of fill, to the flood-protection elevation.
[3]
If any part of the foundation below the flood-protection elevation
is enclosed, the following standards shall apply:
[a]
The enclosed area shall be designed by a registered
architect or registered professional engineer to allow for the efficient
entry and exit of floodwaters without human intervention. A minimum
of two openings must be provided with a minimum net area of at least
one square inch for every one square foot of the enclosed area. The
lowest part of the opening can be no more than 12 inches above the
adjacent grade;
[Amended 7-20-2020 by Ord. No. 20-26]
[b]
The parts of the foundation located below the flood-protection
elevation must be constructed of flood-resistant materials;
[c]
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood-protection elevation; and
[4]
The use must be limited to parking, building access or limited
storage.
(b)
No new private sewage disposal system, or addition to an existing
private sewage disposal system, except where an addition has been
ordered by a government agency to correct a hazard to public health,
shall be allowed in a floodway area. Any replacement, repair or maintenance
of an existing private sewage disposal system in a floodway area shall
satisfy the applicable requirements of all applicable Village or other
local ordinances and Ch. SPS 383, Wis. Adm. Code.
(c)
No new well or modification to an existing well used to obtain
water for ultimate human consumption shall be allowed in a floodway
area. Any replacement, repair or maintenance of an existing well in
a floodway area shall satisfy the applicable requirements of all applicable
Village or other local ordinances and Chs. NR 811 and NR 812, Wis.
Adm. Code.
(4)
Flood-fringe areas.
(a)
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the Village. In addition, the modification or addition shall be placed on fill or floodproofed to the flood-protection elevation in compliance with the standards in Subsection S, except where Subsection Q(4)(b) below is applicable.
(b)
Where compliance with the provisions of Subsection Q(4)(a) above would result in unnecessary hardship, and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Zoning Board of Appeals, using the procedures established in Subsection R, may grant a variance from those provisions for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood-protection elevation may be permitted, provided that:
[1]
No floor (excluding the basement or crawlway) is allowed below
the regional flood elevation for residential or commercial structures;
[2]
Human lives are not endangered;
[3]
Public facilities, such as water or sewer, shall not be installed;
[4]
Flood depths shall not exceed two feet;
[5]
Flood velocities shall not exceed two feet per second; and
(c)
All new private sewage disposal systems, or addition to, replacement,
repair or maintenance of a private sewage disposal system, shall meet
all the applicable provisions of all local ordinances and Ch. SPS
383, Wis. Adm. Code.
(d)
All new wells, or addition to, replacement, repair or maintenance
of a well, shall meet the applicable provisions of this section and
Chs. NR 811 and NR 812, Wis. Adm. Code.
(5)
It is the intent of this section that in the event a building permit
is validly granted or issued on the basis of the best currently available
information relating to the floodplain, floodway or regional flood
profiles but a subsequently conducted floodplain study demonstrates
that such information was not accurate and that the permit would not
be granted or issued in light of the newer information, such permit
shall not be deemed to have been granted or issued in error so as
to prevent the vesting of rights based upon reasonable detrimental
reliance on such permit or approval. In the event of reasonable detrimental
reliance upon a Village building permit under these circumstances,
the status of the land use, development or development-related activity
in question shall be that of a valid nonconforming use or valid nonconforming
structure, provided that the requirements for such status, in addition
to being lawful in its inception, are satisfied.
R.
Zoning Board of Appeals.
(1)
The Village Zoning Board of Appeals, created under § 62.23(7)(e), Wis. Stats., is hereby authorized to hear and decide, pursuant to the specific requirements of this section and in accordance with the procedures and requirements specified in Article V of Chapter 18 of the Village Municipal Code:
(a)
Appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official or body
in the enforcement or administration of this section;
(b)
Disputes concerning the location of the floodplain or floodway
boundaries; and
(c)
Variances from the dimensional standards of this section.
(2)
Boundary disputes. The following procedure shall be used by the Zoning
Board of Appeals in hearing disputes concerning the location of floodplain
or floodway boundaries:
(a)
Whether a floodplain boundary is established by approximate
or detailed floodplain studies, the regional flood elevations or profiles
for the location in question shall be the governing factor in locating
the floodplain boundary. If no regional flood elevations or profiles
are available to the Board, other available evidence may be examined.
(b)
The person contesting the location of the floodplain or floodway
boundary shall be given a reasonable opportunity to present arguments
and technical evidence to the Zoning Board of Appeals.
(3)
Variance.
(a)
The Zoning Board of Appeals may, upon appeal, grant a variance
from the dimensional standards of this section where an applicant
convincingly demonstrates that:
[1]
Literal enforcement of the provisions of this section will result
in practical difficulty or unnecessary hardship to the applicant;
[2]
The hardship is due to adoption of this section and to special
conditions unique to the property and not common to a group of adjacent
lots or premises (in such case, the section or map must be amended);
[3]
Such variance is not contrary to the public interest; and
[4]
Such variance is consistent with the purpose of this section.
(b)
In addition to the criteria specified above, to qualify for
a variance under FEMA regulations, the following criteria must be
met:
[1]
The variance shall not cause any increase in the regional flood
elevation;
[2]
Variances can only be granted for lots that are less than 1/2
acre and are contiguous to existing structures constructed below the
regional flood elevation; and
[3]
Variances shall only be granted upon a showing of good and sufficient
cause, shall be the minimum relief necessary, shall not cause increased
risks to public safety or nuisances, shall not increase costs for
rescue and relief efforts and shall not be contrary to the purpose
of the ordinance.
(c)
A variance shall not:
[1]
Grant, extend or increase any land use or development prohibited
in the floodplain (or in the floodway, if applicable).
[2]
Be granted for a hardship based solely on an economic gain or
loss.
[3]
Be granted for a hardship which is self-created.
[4]
Damage the rights or property values of other persons in the
area.
[5]
Permit a lower degree of flood protection in the floodplain
than the flood-protection elevation.
[6]
Allow any floor of a basement or crawl space below the regional
flood elevation for residential, commercial or industrial structures.
[7]
Allow any land use or development which requires an amendment
to this section, the official floodplain maps or the regional flood
profiles.
[8]
Allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic
structure.
(d)
When a variance is granted in a floodplain area, the Board shall
notify the applicant in writing that increased flood insurance premiums
and risks to life and property may result. A copy of this notification
shall be maintained with the variance appeal record.
(4)
Appeals. Appeals to the Zoning Board of Appeals may be taken
by any person aggrieved, or by any officer or department of the Village
affected by any decision of the Zoning Administrator or other administrative
officer. Such appeal shall be taken within 30 days unless otherwise
provided by the rules of the Board, by filing with the official whose
decision is in question, and with the Board, a notice of appeal specifying
the reasons for the appeal. The official whose decision is in question
shall transmit to the Board all records regarding the matter appealed.
(a)
(b)
For appeals of all denied permits, the Board shall:
(c)
For appeals concerning increases in regional flood elevation,
the Board shall:
[1]
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Subsections I and T; and
[2]
Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase, provided
that no other reasons for denial exist.
S.
Floodproofing for nonconforming structures.
(1)
No conditional use permit or variance shall be granted or issued
for a nonresidential structure designed to be watertight below the
regional flood elevation until the applicant submits a plan or document
certified by a Wisconsin licensed and registered professional engineer
or architect that any required floodproofing measures are adequately
designed to protect the structure or development to the flood-protection
elevation and submits a FEMA floodproofing certificate.
(2)
For a structure designed to allow the entry of floodwaters, no permit
or variance shall be issued until the applicant submits a plan that
is certified by a Wisconsin licensed and registered professional engineer
or architect that the design meets or exceeds the following standards:
(a)
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding;
(b)
The bottom of all openings shall be no higher than one foot
above grade; and
(c)
Openings may be equipped with screens, louvers, valves, or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(3)
Floodproofing measures shall be designed, as appropriate, to:
(a)
Withstand the flood pressures, depths, velocities, uplift and
impact forces, and other factors associated with the regional flood.
(b)
Assure protection to the flood-protection elevation.
(c)
Provide anchorage of structures to foundations to resist flotation
and lateral movement.
(d)
Ensure that the structural walls and floors are watertight to
the flood-protection elevation and the interior remains completely
dry during flooding, without human intervention.
(e)
Minimize or eliminate infiltration of floodwaters.
(4)
Floodproofing measures may include, without limitation, the
following:
(a)
Reinforcement of walls and floors to resist rupture or collapse
caused by water pressure or floating debris.
(b)
Addition of mass or weight to structures to prevent flotation.
(c)
Placement of essential utilities above the flood-protection
elevation.
(d)
Surface or subsurface drainage systems, including pumping facilities,
to relieve external foundation wall and basement floor pressures.
(e)
Construction of water supply wells and waste treatment systems
to prevent the entrance of floodwaters into the systems.
(f)
Cutoff valves on sewer mains or elimination of gravity flow
basement drains.
(5)
Dry land access. All residential or commercial uses or any habitable
structure shall provide dry land access from the public road to said
structure.
T.
Removal of lands from floodplain; amendments. Compliance with the
provisions of this section shall not be grounds for removing lands
from the floodplain, unless they are removed by filling to a height
of at least two feet above the regional flood elevation, the fill
is contiguous to land lying outside the floodplain, the official floodplain
map is amended, and FEMA revises the Flood Insurance Rate Map or issues
a letter of map amendment or revision.
(1)
Official floodplain map amendments are required for any changes in
the official regional floodwater surface profiles or the delineation
of the floodplain or floodway. Examples of actions requiring floodplain
map amendments are listed below:
(a)
Any change to the boundary of the floodplain and/or watercourse
alterations on the FIRM;
(b)
Correction of discrepancies between the water surface profiles
of the regional flood and the official floodplain maps;
(c)
Any fill in the floodplain which raises the elevation of the
filled area to a height at or above the flood-protection elevation
and is contiguous to land lying outside the floodplain;
(d)
Any fill, deposition of materials, storage of materials or encroachment
into the floodplain that will obstruct flow or causing any increase
in the regional flood height;
(e)
Any upgrading of this section; or
(f)
Any correction to an existing mapped floodplain.
(g)
All channel relocations and changes to the official floodplain
maps to alter floodway lines or to remove an area from the floodplain
that is based on a base flood elevation from a FIRM requires prior
approval by FEMA.
(2)
Criteria for amending the floodplain boundary. The Village shall
not permit amendments to the floodplain boundary that are inconsistent
with the purposes of this section or in conflict with the applicable
rules of the DNR and FEMA. In addition:
(a)
Amendments to the floodplain boundaries shall not be permitted
where the change will increase the regional flood stage elevation
unless the applicant has made appropriate legal arrangements with
the Village, any other affected governmental units, and any other
property owners affected by the flood stage increase.
(b)
The floodplain boundary shall not be amended without first:
[1]
Providing the Village with updated engineering data and computations
necessary to correctly determine the floodplain boundary and submitting
detailed engineering plans for redelineating the floodplain boundary;
[2]
Amending this section;
[3]
Obtaining approval from the DNR; and
[4]
Obtaining approval from FEMA in the form of a letter of map
change approved by FEMA.
(c)
Petitions for the floodplain amendments shall provide adjusted
water surface profiles and adjusted floodplain limits to reflect the
increased flood elevations.
(d)
Any area removed from the floodplain shall be contiguous to
land lying outside the floodplain.
(e)
Whenever any volume of flood storage capacity is removed from
the floodplain, as defined by the ground surface and the regional
flood elevation, an equal volume of flood storage capacity shall be
created within the existing or newly created floodplain boundary,
in the vicinity of the removal, to compensate for the lost flood storage
capacity. Excavation below the ordinary high-water mark shall not
be considered as providing any equal volume of storage capacity for
compensation purposes. Any such area of compensating flood storage
capacity shall drain freely to the receiving stream.
[Amended 3-17-2014 by Ord. No. 14-04]
(f)
Removal of land from the floodplain shall not be permitted unless
the land has been filled to an elevation at least two feet above the
elevation of the floodplain.
(g)
Amendments to the boundaries of the floodplain or the unnumbered A Zones shall not be permitted unless the petitioner provides the Village with all necessary data and computations to justify and determine the effects of the proposed amendment. The Village may require the applicant to submit any or all of the information that is required pursuant to Subsection M above in connection with applications for a conditional use permit. The effects of any change in the floodplain boundary shall not increase the regional flood elevation unless appropriate legal arrangements have been made to protect the rights of the Village and all affected governmental entities and landowners. If the affected area of the floodplain or the unnumbered A Zone is less than five acres in area and the cost of the proposed development is less than $125,000, the DNR may assist the petitioner in determining the required flood elevations.
(h)
No river or stream or watercourse shall be altered or relocated
until a floodplain map amendment has been conditionally approved,
and in no case shall the flood-carrying capacity within the altered
or relocated portion of the watercourse be less.
(3)
Procedures. Amendments to this section, including text amendments, floodplain map amendments relating to the boundary of the floodplain or floodway, or amendments to the regional flood profiles, may be made upon petition of any interested party in accordance with the provisions of § 420-13 of this chapter. Additionally, the following requirements shall apply, and in the event of any conflict between the provisions of this Subsection T and § 420-13, the requirements of this subsection shall be controlling:
(a)
Any amendment proposed shall be submitted to the Village with
the completed application, all required information and materials
and the required fee.
(b)
Upon receipt of a completed application, the Village will set
a date for the public hearing a minimum of 30 days from the date such
completed application was received. Copies of the proposed amendment
and notice of the public hearing shall be submitted to the DNR for
review prior to the hearing, and a Class 2 notice shall be published.
(c)
The Village Plan Commission shall hold a public hearing and
make a recommendation to the Village Board.
(d)
Upon receiving Village Board approval for the floodplain boundary
amendment, DNR approval, a FEMA conditional approval (if applicable),
and an erosion control permit, the petitioner may proceed with any
cut and fill project.
(e)
Upon completion of the work, an as-built grading plan and supporting
documentation certified and stamped by a Wisconsin registered and
licensed profession engineer shall be submitted to the Village to
verify compliance will all approvals. Upon receipt of the final approval
from FEMA, the required public hearings shall be set to amend the
Village Zoning Map, zoning text and 2035 Comprehensive Plan Amendment
to reflect the approved amendment.
[Amended 8-19-2019 by Ord. No. 19-26]
(f)
In the case of floodplain boundary corrections based on actual
field surveys, a certified plat of survey or site plan providing detailed
data which precisely delineates the actual floodplain limits compared
to the existing floodplain lines as identified on the corresponding
official floodplain overlay maps shall be provided.
(g)
No amendment to the maps or text of this section shall become
effective until reviewed and approved by state and federal agencies
as required by law.
(h)
All persons petitioning for a map amendment that obstructs flow,
causing any increase in the regional flood height, shall obtain flooding
easements or other appropriate legal arrangements from all adversely
affected property owners and provide copies of said legal arrangements
before the amendment can be approved by the Village.
U.
Watercourse alterations. Prior to any alteration or relocation of a watercourse, and prior to the issuance of any zoning, building, land disturbance or other Village permit or approval which may be required for the alteration or relocation of a watercourse, the Village Zoning Administrator shall notify, in writing, any adjacent municipality, the appropriate district office of the DNR and the appropriate office of FEMA within six months and shall require the applicant to obtain all necessary state and federal permits and approvals. Without respect to any other restrictions that may be imposed, the flood-carrying capacity within the altered or relocated portion of any watercourse shall be maintained and standards specified in Subsection J above are required.
V.
Development or development-related activity requiring a DNR permit. Any development or development-related activity which requires a permit from the DNR under Ch. 30 or 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams, navigational aids or channel improvements, may be allowed, provided that such DNR permits and all necessary local permits or approvals are obtained and that all necessary amendments to this section, including amendments of the official floodplain map, the boundaries of the floodplain and floodway, and the water surface elevations of the regional flood, as applicable, are made in accordance with Subsection T above.
W.
Compliance. Any land use development or development-related activity
within the areas regulated by this section shall be in full compliance
with the terms of this section and all other applicable local, state,
and federal statutes, ordinances, regulations and permits. Unless
specifically exempted by law, the Village is required to comply with
this section and obtain all necessary permits. State agencies are
required to comply if § 13.48(13), Wis. Stats., applies.
The construction, reconstruction, maintenance and repair of state
highways and bridges by the Wisconsin Department of Transportation
is exempt when § 30.2022, Wis. Stats., applies.
X.
Abrogation and greater restrictions.
(1)
This section supersedes all of the provisions of any municipal zoning
ordinance relating to the floodplain areas or enacted under § 61.35
or 87.30, Wis. Stats., which relate to floodplains, except that where
any other such municipal zoning provision is more restrictive than
the provisions contained in this section, such other provision shall
continue in full force and effect to the extent of the greater restrictions,
but not otherwise.
(2)
This section is not intended to repeal, abrogate or impair any existing
deed restrictions, convents or easements. However, where this section
imposes greater restrictions, the provisions of this section shall
prevail.
Y.
Interpretation. In their interpretation and application, the provisions
of this section shall be held to be minimum requirements liberally
construed in favor of the governing body and shall not be deemed a
limitation on or repeal of any other powers granted by the Wisconsin
Statutes. Where a provision of this section is required by a standard
in Ch. NR 116, Wis. Adm. Code, and where the provision in this section
is unclear, the provision shall be interpreted in light of the Ch.
NR 116 standards in effect on the date of the adoption of this section
or in effect on the date of the most recent text amendment to this
section.
Z.
Warning and disclaimer of liability. The degree of flood protection
provided by this section is considered reasonable for regulatory purposes
and is based on engineering experience and methods of study. Larger
floods may occur or the flood height may be increased by man-made
or natural causes, such as ice jams or bridge openings restricted
by debris. Therefore, this section does not imply that areas outside
of the delineated floodplain or permitted land uses within the floodplain
will be totally free from flooding and associated flood damages, nor
does this section create liability on the part of, or a cause of action
against, the municipality or any officer or employee thereof for any
flood damage that may result from reliance on this section.
AA.
Enforcement and penalties. Any violation of the provisions of this
section by any person shall be unlawful and shall be referred to the
Village Attorney for expeditious prosecution of all such violations.
A violator shall, upon conviction, forfeit to the Village a penalty
of not less than $5 and not more than $50, together with the current
cost and processing fees of such action. Each day of continued violation
shall constitute a separate offense. Every violation of this section
is a public nuisance, and the creation of such nuisance may be enjoined
and its maintenance may be abated by action or suit of the Village,
the state, or any citizen thereof pursuant to § 87.30, Wis.
Stats.
BB.
Severability. Should any portion of this section be declared unconstitutional
or invalid by a court of competent jurisdiction, the remained of this
section shall not be affected.
CC.
ACCESSORY STRUCTURE or ACCESSORY USE
AH ZONE
ALTERATION
AO ZONE
AREA OF SHALLOW FLOODING
A ZONES
BASE FLOOD
BASEMENT
BUILDING
BULKHEAD LINE
CAMPGROUND
CAMPING UNIT
CERTIFICATE OF COMPLIANCE
CHANNEL
COMMERCIAL USE
CRAWLWAY or CRAWL SPACE
DEVELOPMENT or DEVELOPMENT-RELATED ACTIVITY
DNR
DRY LAND ACCESS
ENCROACHMENT
FEMA
FLOOD FREQUENCY
FLOOD FRINGE
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
(1)
(2)
(3)
(4)
FLOODPLAIN
FLOODPLAIN ISLAND
FLOODPLAIN MANAGEMENT
FLOODPLAIN OVERLAY DISTRICT (FPO)
FLOOD PROFILE
FLOODPROOFING
FLOOD-PROTECTION ELEVATION
FLOOD STORAGE
FLOODWAY
FREEBOARD
HABITABLE BUILDING
HIGHEST ADJACENT GRADE
HIGH FLOOD DAMAGE POTENTIAL
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
INCREASE IN REGIONAL FLOOD HEIGHT
LAND DIVISION
LAND USE
LOWEST ADJACENT GRADE
LOWEST FLOOR
MAINTENANCE
MANUFACTURED HOME
MOBILE HOME
MODEL, CORRECTED EFFECTIVE
MODEL, DUPLICATE EFFECTIVE
MODEL, EFFECTIVE
MODEL, EXISTING (PRE-PROJECT)
MODEL, REVISED (POST-PROJECT)
NAVD88 or NORTH AMERICAN VERTICAL DATUM 1988
NEW CONSTRUCTION
NGVD29 or NATIONAL GEODETIC VERTICAL DATUM 1929
NONCONFORMING STRUCTURE
NONCONFORMING USE
OBSTRUCTION TO FLOW
OPEN SPACE USE
ORDINARY HIGH-WATER MARK
PERSON
PRIVATE SEWAGE SYSTEM
PUBLIC UTILITIES
REASONABLY SAFE FROM FLOODING
REGIONAL FLOOD
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNNECESSARY HARDSHIP
VARIANCE
VILLAGE
VIOLATION
WATERSHED
WATER SURFACE PROFILE
WELL
Definitions. For purposes of this section, words and phrases defined in this Subsection CC shall have the meaning stated below. Words and phrases not defined below in this subsection shall have the common, ordinary meaning which results in the most reasonable interpretation and application of this section in light of the stated purposes of this section. Words used in the present tense include the future, and vice versa. Words indicating the singular number include the plural, and vice versa. The word "may" is permissive; the word "shall" is mandatory and not discretionary.
A detached subordinate structure or a use which is clearly
incidental to and customarily found in connection with the principal
structure or use to which it is related and which is located on the
same lot as that of the principal structure or use.
See "area of shallow flooding."
An enhancement, upgrading or substantial change or modifications
other than an addition or repair to a dwelling or to electrical, plumbing,
heating, ventilating, air conditioning and other systems within a
structure.
See "area of shallow flooding."
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a one-percent or greater annual
chance of flooding to an average depth of one foot to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flood may be evident. Such flooding
is characterized by ponding or sheet flow.
Those areas shown on the official floodplain maps which would
be inundated by the regional flood, as defined below. These areas
may be numbered or unnumbered A Zones. The A Zones may or may not
be reflective of flood profiles, depending on the availability of
data for a particular area.
Means the flood having a one-percent chance of being equaled
or exceeded in any given year, as published by FEMA as part of a Flood
Insurance Study (FIS) and depicted on a FIRM.
Any enclosed area of a building having its floor below ground
level on at least three sides.
A roofed and walled structure.
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
pursuant to § 30.11, Wis. Stats., and which allows limited
filling between this bulkhead line and the original ordinary high-water
mark, except where such filling is prohibited by the floodway provisions
of this section.
Any parcel of land which is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units or which is advertised or represented
as a camping area.
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping
trailer, motor home, bus, van, pickup truck, or tent or other mobile
recreational vehicle that is fully licensed, if required, and ready
for highway use.
A certification issued by the Village Zoning Administrator
stating that the use of land, or the construction, installation, placement
or relocation of a building, structure, facility or site improvement,
or the making of an addition or a substantial improvement to a building,
structure, facility or site improvement, or the extent and elevation
of fill, or the lowest floor of a structure, or any other development
activity or improvement regulated by this section, is in compliance
with all of the provisions thereof and the provisions of any authorizing
conditional use permit.
A natural or artificial watercourse with definite bed and
banks to confine and conduct the normal flow of water.
A use involving commerce or manufacturing, without regard
to the type of zoning district in which the use is located, including
but not limited to commercial, industrial, institutional, governmental
or park and recreational uses.
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for limited access to
plumbing and electrical utilities.
Any man-made or nonnatural change to improved or unimproved
real estate, including but not limited to the construction, installation,
placement or relocation of buildings, structures, facilities or site
improvements; the construction or installation of additions or substantial
improvements to buildings, structures, facilities or site improvements;
mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials; the
repair of any damaged structure; or the construction or installation
of public or private streets or roads or public or private facilities
for sewage treatment or disposal, water supply or stormwater drainage
or control. The phrase "development-related activity" specifically
includes any land division (and any neighborhood sketch plan, conceptual
plan, preliminary plat, final plat, certified survey map or development
agreement leading up to, constituting or relating to a proposed land
division) which contemplates or may influence development or other
development-related activities.
The Wisconsin Department of Natural Resources or any successor
state agency having authority with respect to matters relating to
floodplains.
A vehicular access route, the elevation of which is above
the one-hundred-year flood elevation, which is wide enough for wheeled
rescue and relief vehicles and which connects land located in the
floodplain to land outside the floodplain.
Any fill, structure, building, land use or other development
improvement or activity in the floodway.
The Federal Emergency Management Agency or any successor
federal agency that administers the National Flood Insurance Program.
The probability of a flood occurrence which is generally
determined from statistical analyses. The frequency of a particular
flood event is usually expressed as occurring, on the average, once
in a specified number of years or as a percent chance of occurring
in any given year.
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and generally
associated with standing water rather than flowing water.
A map of a community on which the Federal Insurance Administration
has delineated both special flood hazard areas (the floodplain) and
the risk premium zones applicable to the community. This map can only
be amended by the Federal Emergency Management Agency.
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A
Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance
Study, form the basis for both the regulatory and the insurance aspects
of the National Flood Insurance Program.
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by:
The overflow or rise of inland waters;
The rapid accumulation or runoff of surface waters from any
source;
The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan; and/or
The sudden increase in surface water elevation caused by an
unusually high water level in a natural body of water, accompanied
by a severe storm or by an unanticipated force of nature, such as
a seiche, or by some similarly unusual event.
That land which has been or may be hereafter covered by floodwater
during the regional flood. The floodplain includes the floodway and
the flood fringe and may include other designated floodplain areas
for regulatory purposes.
A natural geologic land formation that is surrounded, but
not covered, by floodwater during the regional flood.
Policy and procedures to insure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
The zoning designation that includes both the floodway and
flood-fringe areas that are regulated by this section.
A graph or a longitudinal profile line showing the relationship
at particular locations along a watercourse of the water surface elevations
of a flood event to surface elevations of the land.
Any combination of structural provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding for the purpose of reducing or eliminating
flood damage.
An elevation two feet above the regional flood elevation.
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
A flood-protection elevation requirement designed as a safety
factor which is usually expressed in terms of a specified number of
feet above a calculated flood level. Freeboard compensates for the
effects of any factors that contribute to flood heights greater than
those calculated. These factors include, but are not limited to, ice
jams, debris accumulation, wave action, obstruction of bridge openings
and floodways, the effects of urbanization on the hydrology of the
watershed, loss of flood storage areas due to development, and sedimentation
of the river or stream bed.
Any building or portion thereof used or designed for human
habitation.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
The land use or development so described carries with it
a significant risk of danger to life or health or of substantial economic
loss to a structure or building and its contents.
Any structure that is:
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program, as determined by the
Secretary of the Interior, or directly by the Secretary of the Interior
in states without approved programs.
A calculated upward rise in the regional flood elevation,
greater than 0.00 foot, resulting from a comparison of existing conditions
and proposed conditions which are directly attributable to development
in the floodplain but not attributable to manipulation of mathematical
variables, such as roughness factors, expansion and contraction coefficients
and discharge.
Any division or conveyance of land or of an interest in land that results in the creation of one or more additional lots or parcels, including, without limitation, any subdivision, large lot subdivision or minor land division (all as defined in § 395-101 of Chapter 395, Land Division and Development Control, of the Village Code) or the creation of any condominium other than a conversion condominium or a condominium involving a maximum of one principal building per lot or parcel. A land division can be legally created or accomplished only by means of a preliminary and final plat approved by the Village Board, or a certified survey map approved by the Village Board, or, in the case of a condominium, by means of condominium instruments approved by the Village Board.
Any use made of unimproved or improved real estate.
Elevation of the lowest ground surface that touches any of
the exterior walls of a building.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of 44 CFR 60.3.
The act or process of restoring to original soundness, including
redecorating, refinishing, nonstructural repairs, or the replacement
of existing fixtures, systems or equipment with equivalent fixtures,
systems or structures.
A factory-built, single-family structure that is manufactured
under the authority of 42 U.S.C. § 5401, the National Manufactured
Home Construction and Safety Standards Act, is transportable in one
or more sections, is built on a permanent chassis and fitted with
wheels, is intended to be hauled to a site and is registered and titled
with the Wisconsin Department of Transportation.
A transportable, factory-built home designed to be used as
a year-round residential dwelling and built prior to the enactment
of the Federal Manufactured Home Construction and Safety Standards
Act of 1974, which became effective June 15, 1976.
A hydraulic engineering model that corrects any errors that
occur in the Duplicate Effective Model, adds any additional cross
sections to the Duplicate Effective Model, or incorporates more detailed
topographic information than that used in the current effective model.
A copy of the hydraulic analysis used in the effective FIS
and referred to as the "Effective Model."
The hydraulic engineering model that was used to produce
the current effective Flood Insurance Study.
A modification of the Duplicate Effective Model or Corrected
Effective Model to reflect any man-made modifications that have occurred
within the floodplain since the date of the Effective Model but prior
to the construction of the project for which the revision is being
requested. If no modification has occurred since the date of the Effective
Model, then this model would be identical to the Corrected Effective
Model or Duplicate Effective Model.
A modification of the Existing or Pre-Project Conditions
Model, Duplicate Effective Model or Corrected Effective Model to reflect
revised or post-project conditions.
Elevations referenced to mean sea level datum, 1988 adjustment.
The data conversion factor from NGVD29 to NAVD88 in Kenosha County
is -0.3 feet (0.0 feet NGVD29 = -0.3 feet NAVD88).
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by this
community and includes any subsequent improvements to such structures.
For the purpose of determining flood insurance rates, it includes
any structures for which the start of construction commenced on or
after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures.
Elevations referenced to mean sea level datum, 1929 adjustment,
to which elevations are referenced. The data conversion factor from
NGVD29 to NAVD88 in Kenosha County is -0.3 feet (0.0 feet NGVD29 =
-0.3 feet NAVD88)
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
section for the area of the floodplain which it occupies.
An existing lawful use of unimproved or improved real estate
which is not in conformity with the provisions of this section for
the area of the floodplain which it occupies.
Any development which physically blocks the conveyance of
floodwaters such that this development, by itself or in conjunction
with any future development, will cause an increase in regional flood
height.
Those land uses having a relatively low flood damage potential
and not involving structures.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark, such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
An individual or group of individuals, corporation, partnership,
association, municipality, state agency or any other legal entity.
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same parcel
as the structure. This term also means an alternative sewage system
approved by the Wisconsin Department of Safety and Professional Services
(or any successor state agency), including a substitute for the septic
tank or soil absorption field, a holding tank, a system serving more
than one structure or a system located on a different parcel than
the structure.
Those utilities using underground or overhead transmission
lines, such as electric, telephone and telegraph, or using distribution
and collection systems, such as water, sanitary sewer and storm sewer.
The base floodwaters will not inundate the land or damage
structures to be removed from the floodplain and that any subsurface
waters related to the base flood will not damage existing or proposed
buildings.
The one-hundred-year recurrence interval flood on the particular
stream, river or lake in question.
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days of the
permit date. The "actual start" means either the first placement of
permanent construction on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work
beyond initial excavation, or the placement of a manufactured or mobile
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling, nor does it include
the installation of streets and/or walkways, nor does it include excavation
for a basement, footings, piers or foundations or the erection of
temporary forms, nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For an alteration, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, streambed or lake bed, including but not limited to roofed
and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its pre-damaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
Any repair, reconstruction, rehabilitation, addition or improvement
of a building or structure, the cost of which equals or exceeds 50%
of the equalized assessed value of the structure before the improvement
or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
work performed. The term does not, however, include either any project
for the improvement of a building required to correct existing health,
sanitary or safety code violations identified by the building official
and that are the minimum necessary to assure safe living conditions
or any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
Where special conditions affecting a particular property,
which were not self-created, have made strict conformity with restrictions
governing areas, setbacks, frontage, height or density unnecessarily
burdensome or unreasonable in light of the purposes of this section.
An authorization by the Village Zoning Board of Appeals for
the construction or maintenance of a building or structure in a manner
which is inconsistent with dimensional standards (not uses) contained
in this section.
The Village of Pleasant Prairie, Kenosha County, Wisconsin.
The failure of a structure or other development to be fully
compliant with the Floodplain Zoning Ordinance. A structure or other
development without required permits, lowest floor elevation documentation,
floodproofing certificates or required floodway encroachment calculations
is presumed to be in violation until such time as that documentation
is provided.
The entire region or area contributing runoff or surface
water to a particular watercourse or body of water.
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless
of its intended use.
[1]
Editor's Note: This ordinance was included with the codification
4-18-2005 by Ord. No. 05-13.
[1]
Editor's Note: Former § 420-132, APO Agricultural
Preservation Overlay District, as amended, was repealed 9-19-2011
by Ord. No. 11-27.
[Amended 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-07]
A.
Primary purpose and characteristics. The AGO General Agricultural
Overlay District is intended to provide for existing agricultural
lands to continue in their current uses until such time as the land
is proposed to be developed for urban purposes in accordance with
the underlying zoning district and pursuant to the Village's Comprehensive
Plan. No such district shall be established unless it is in compliance
with adopted or amended comprehensive, neighborhood and conceptual
plans.
B.
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the AGO District, subject to the requirements of this chapter and of other Village ordinances and codes:
C.
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the AGO District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the AGO District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the AGO District:
(1)
Any listed permitted use or conditional use specifically listed in any other zoning district that is not specifically listed in Subsection B above.
(2)
Any adult-oriented uses, including, without limitation, an adult
bookstore, adult cabaret, adult club, adult dry cabaret, adult movie
theater, adult video rental store, adult video store or adult viewing
facility.
(3)
Any listed unspecified permitted use in any zoning district that is not specifically listed in Subsection B above.
(4)
Any use involving the serving or selling of alcoholic beverages.
(5)
Anhydrous ammonia (bulk storage facility or retail sale).
(6)
Composting (commercial).
(7)
Egg production (commercial).
(8)
Farm implement business.
(9)
Feed lot (commercial).
(10)
Fertilizer (production, sales, storage, mixing or blending).
(11)
Fireworks (manufacturing, storage or sale).
(12)
Flea markets.
(13)
Fur-bearing animals (keeping or raising).
(14)
Livestock sale facilities.
(15)
Propane (bulk storage facility or retail sale).
(16)
Refuse incineration.
(17)
Slaughterhouse.
(18)
Truck stop and/or truck service facility.
D.
Conditional uses. The following uses may be permitted as conditional uses in the AGO District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX, if applicable, and all other applicable provisions of this chapter and of other Village ordinances and codes:
E.
Special licensed uses. Some uses require a special license approved
by the Village Board and may only be operated pursuant to and in accordance
with such license. The granting of a Village license by the Village
Board is not assured either by permitted use status or by the granting
of a conditional use permit or of any other permit or approval under
this chapter.
F.
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the AGO District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1)
Permitted uses allowed in the AGO District and their related accessory
uses may be located separately or together, and may be conducted separately
or together, with other such permitted uses and their related accessory
uses in the same principal building in the A-2 District.
(2)
Conditional uses allowed in the AGO District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the AGO District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3)
Permitted uses allowed in the AGO District and their related accessory uses and conditional uses allowed in the AGO District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the A-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4)
Nonconforming uses existing in the AGO District as of the effective
date of Ordinance No. 10-07 (March 15, 2010) and any related accessory
uses existing as of such date may be continued in the same principal
building with other uses; provided, however, that no nonconforming
use and no accessory use to a nonconforming use may be extended or
expanded into new areas, and no new accessory use related to such
nonconforming use (and no prior accessory use to such nonconforming
use that has been discontinued as an actively conducted use for a
period of 12 or more consecutive months) may be commenced or recommenced,
and further provided that the area of a building occupied by a nonconforming
use and any related accessory uses shall be a physically separate
defined area in which any proposed new use of any kind shall be prohibited.
G.
Accessory uses.
(1)
Except as otherwise specifically provided in this chapter, accessory
uses to principal uses allowed in the AGO District are allowed, subject
to all other Village ordinances and codes, as follows:
(a)
Accessory uses to principal permitted uses in the AGO District
are allowed.
(b)
Accessory uses to principal conditional uses allowed in the AGO District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(c)
In the event of any issue about whether a particular use is
properly an accessory use, the Zoning Administrator shall have authority
to decide. The Zoning Administrator shall make written findings to
support any such decision.
(2)
Specific permitted accessory uses that are allowed in the AGO District
include:
(a)
General farm buildings, including agricultural windmills, barns, and sheds incidental to the agricultural use (per § 420-86).
(b)
Silos and grain/storage bins, provided that the height does
not exceed 100 feet.
(c)
Feedlots (not commercial and only for permitted farm uses).
(d)
Storage, curing, drying, churning and packaging of products
and crops produced on the land; provided, however, that such products
are not processed on the land; and provided, further, that such products
are not commercially sold as part of a retail business conducted on
the land.
(3)
New proposed accessory uses to nonconforming uses (and any prior
accessory uses to a nonconforming use that have been discontinued
as actively conducted uses for 12 or more consecutive months) are
prohibited.
H.
Temporary uses. Temporary uses may be allowed in the AGO District pursuant to § 420-140.1 of this chapter.
I.
Prohibited uses. Uses that are not specifically allowed in the AGO
District by this chapter as specified in the foregoing sections are
prohibited in the AGO District.
J.
Dimensional standards. Except as specifically provided in this chapter,
and without limitations, all uses, sites, buildings and structures
in the AGO District shall comply with the dimensional standards to
the extent applicable as set forth in the A-2 District.
K.
Design standards. Except as otherwise specifically provided in this
chapter, and without limitation, all uses, sites, buildings and structures
in the AGO District shall comply with the design standards set forth
in the A-2 District.
L.
Operational standards. Except as otherwise specifically provided
in this chapter, and without limitation, all uses, sites, buildings
and structures in the AGO District shall comply with the operational
standards set forth in the A-2 District.
[1]
Editor's Note: Former § 420-134, Auto Agricultural
Land Holding Overlay District, as amended, was repealed 3-15-2010
by Ord. No. 10-09.
A.
Primary purpose and characteristics.
(1)
This district is intended to be used where land is
expected to experience further urban or suburban development in accordance
with underlying zoning but where such development cannot be permitted
at the present time due to the existence of one or more deficiencies,
including lack of essential services, such as municipal sanitary sewers,
water or stormwater management facilities and proper drainage, or
the need to provide for access to landlocked lands, or the establishment
of street grades that are coordinated, or similar neighborhood development
matters.
(2)
Accordingly, existing uses are permitted to continue as they are, but any expansions or additions thereof are only allowable with approval of site plans as noted under Subsection I below.
(3)
New uses requiring the issuance of building or zoning
permits shall not be permitted until this overlay district is first
removed by the Village of Pleasant Prairie by a Zoning Map amendment,
and the petition to remove such overlay shall address the neighborhood
development matters requiring consideration, unless neighborhood plans
or other actions, such as municipal utility extensions, have already
been made.
B.
Principal uses. Any existing principal use as permitted in the underlying basic use district, except that any expansions thereof shall be subject to review of site plans under Subsection I below.
C.
Accessory uses. Any existing accessory use as permitted in the underlying basic use district, except that any expansions thereof shall be subject to review of site plans under Subsection I below.
D.
Conditional uses. Any existing conditional use, or existing uses entitled to conditional use status which apply for such status, except that any expansion thereof shall, in addition to meeting the requirements for conditional uses of this chapter, in the process of having its conditions set, be subjected to the criteria established under Subsection I below.
H.
Authorized sanitary sewer system and water supply
system. As permitted in the underlying basic use district.
I.
Review of site plans.
(1)
Where existing uses wish to expand prior to removal
of this district, before building and zoning permits are issued the
applicant shall first obtain site plan approval from the Village Plan
Commission. The purpose of such review is to establish that the expansion
will not worsen an existing deficiency of the property or neighborhood
nor prevent the eventual solution of such deficiencies. As experience
with this problem is gained, the Village may from time to time issue
checklists or guidelines for the applicant's use which outline information
or analyses required to answer the issues often posed in such reviews.
An applicant under this provision shall be entitled to an acceptance,
rejection, or suggested modification of the submitted site plan or
related information within 45 days from the date of submittal to the
Community Development Department. The aforesaid review may be waived
by the Zoning Administrator of the Community Development Department
if it is determined that the proposed expansion or addition of the
existing use does not interfere with future expansion of streets or
stormwater drainage or adversely affect future development or platting
of the remainder of the site.
(2)
New uses may only be permitted by the staff of the
Zoning Administrator of the Community Development Department when
it is determined that adequate neighborhood plans for future development
exist or where such actions as extension of utilities have already
been completed and a Zoning Map amendment has been adopted.
A.
Primary purpose and characteristics. This district
is intended to be placed on existing platted land where urban development
could legally occur but where typical urban municipal services, such
as municipal sanitary sewer, municipal water and effective stormwater
management improvements, are not available and will not be available
in the foreseeable future.
B.
Limited urban services available.
(1)
Properties within this district are not located within
the Village of Pleasant Prairie Master Sanitary Sewer System Master
Plan, which means that the Village has no plans in the foreseeable
future to extend municipal sanitary sewer to service these properties
and that these properties, if developed, will require a private on-site
sewage disposal system or holding tank. In addition, the State of
Wisconsin Department of Natural Resources has not included the properties
within this district in the Sanitary Sewer Service Area, which means
that the Village cannot extend sanitary sewers within this area.
(2)
Properties within this district are not located within
the Village of Pleasant Prairie Master Water Utility System Master
Plan, which means that the Village has no plans in the foreseeable
future to extend municipal water to service these properties and that
if developed these properties will required a private well to be installed
for potable water. In addition, since there is no municipal water
service, no municipal fire hydrants are located in the area, and water
for fire protection must be hauled by tanker.
(3)
Properties within this district are known to have
high groundwater levels, which are influenced both by Lake Michigan
water levels and weather conditions.
(4)
Properties in this district are frequently subject to standing surface water, in part because this area is not served by urban stormwater systems that can effectively and efficiently convey stormwater, and this situation may be exacerbated by further development. Such stormwater improvements would be very difficult or impossible to provide due to the high groundwater table, the generally level topography which precludes efficient drainage, the fact that any improvements would require a permit under Ch. 30, Wis. Stats., from the Wisconsin Department of Natural Resources, and the fact that the DNR has expressed serious concern that any such improvements would dewater the wetlands in the area.
(5)
Properties within this district may be located adjacent
to a dedicated public road right-of-way that is not improved, and
the Village has no plans in the foreseeable future to make such improvements
on roads in the area which have not already been improved.
C.
Principal uses. Any principal use permitted in the
underlying basic use zoning district.
D.
Accessory uses. Any accessory use permitted in the
underlying basic use zoning district.
E.
Conditional uses. Any conditional use permitted in
the underlying basic use zoning district.
H.
Setbacks.
(1)
Street setback: as required in the underlying basic
use zoning district.
(2)
Shore setback: as required in the underlying basic
use zoning district.
(3)
Side setback: as required in the underlying basic
use zoning district.
(4)
Rear setback: as required in the underlying basic
use zoning district.
I.
Authorized sanitary sewer system. As permitted in
the underlying basic use district.
J.
A property owner who develops property located in
the LUSA Overlay District, notwithstanding the nonavailability of
typical urban municipal services within the foreseeable future, necessarily
accept the risks of doing so and needs to design any such development
to take account of the nonavailability of such services. The Village
disclaims any responsibility for any loss or damage arising out of
or resulting from the nonavailability or inadequacy of municipal services
in the LUSA District.
A.
Primary purpose and characteristics. The Village Board
of Trustees has the authority to create planned development districts.
The PUD Planned Unit Development Overlay District, set forth herein,
is intended to permit developments that will, over a period of time,
be enhanced by coordinated area site planning and diversified location
of structures. Such developments are intended to provide a safe and
efficient system for pedestrian and vehicle traffic; to provide attractive
recreation and open spaces as integral parts of the developments;
to provide for development opportunities to be designed to protect,
enhance and benefit from unique environmental features on a site;
to enable economic design in the location of public and private utilities
and community facilities; and to ensure adequate standards of construction
and planning. The PUD Overlay District under this chapter will allow
for flexibility of overall development design, with benefits from
such design flexibility intended to be derived by both the developer
and the community, while at the same time maintaining, insofar as
possible, the land use density and other standards or use requirements
set forth in the underlying basic zoning district. The unified and
planned development of a site in a single or corporate ownership or
control or in common ownership under the Unit Ownership Act[1] set forth in Ch. 703, Wis. Stats. (condominiums), may
be permitted by the Village Board upon specific application under
this section and after public hearing, with such development encompassing
one or more principal uses or structures and related accessory uses
or structures, when all regulations and standards as set forth in
this section have been met.
[Amended 3-20-2006 by Ord. No. 06-13]
[1]
Editor's Note: Now titled the "Condominium Ownership Act."
B.
District created. So as to ensure a maximum benefit
to both the community and to developers and so as to provide flexibility
in planning in all the districts created under this chapter, there
is hereby created the Planned Unit Development Overlay District.
[Amended 3-20-2006 by Ord. No. 06-13; 1-16-2012 by Ord. No.
12-01]
C.
Principal, accessory and conditional uses. Principal,
accessory and conditional uses permitted in a planned unit development
overlay district shall conform to uses permitted in the underlying
basic use district, except that the PUD Overlay District may prohibit
certain permitted principal, accessory and conditional uses specified
in the basic use district, as determined by the Village Board.
[Amended 3-2-2015 by Ord. No. 15-09]
D.
Ownership. Areas designated as PUD Overlay Districts
shall be under single or corporate ownership or control at the time
of their creation.
E.
Modifications allowed. The PUD Overlay District may
also modify, with approval of the Village Board, dimensional requirements
including but not limited to setbacks, structure height, lot width
and area requirements of the underlying basic zoning district. In
addition the PUD Overlay District may also modify, with approval of
the Village Board, other sections of the Zoning Ordinance including
but not limited to traffic, parking and access requirements and sign
requirements.
[Amended 3-2-2015 by Ord. No. 15-09[2]]
[2]
Editor's Note: This ordinance also superseded former Subsection
E, regarding minimum area requirements, as amended.
F.
Minimum sanitary sewer and water requirements. All
planned unit developments shall be on public sanitary sewer. All planned
unit development shall be on public water system, except for the planned
unit developments in the A-2 and A-3 Districts that create four or
fewer lots wherein water is not readily available as determined by
the Village Administrator.
[Amended 3-20-2006 by Ord. No. 06-13; 7-20-2020 by Ord. No. 20-26]
G.
Preapplication conference and general layout conceptual plan. Prior to the official submission of the application for the approval of a planned unit development overlay district, the owner or his agent making such application shall meet with the Community Development Department to discuss the scope and proposed nature of the contemplated development and data and other information as deemed appropriate and pertinent for presentation to the Village. At the preapplication conference, the owner or agent shall present a general layout conceptual plan, including drawings and sketches of the proposed development and figures or calculations that are pertinent to the development, using as a general guideline the requirements set forth in Subsection H(2) below.
H.
Application. Following the preapplication conference, the owner or his agent may file an application with the Zoning Administrator on forms furnished by the Community Development Department for approval of a planned unit development overlay district. Such application shall be accompanied by the review fee required under Article V of this chapter as well as the following information:
(1)
A statement which sets forth the relationship of the
proposed planned unit development to any existing or proposed comprehensive
plan or any adopted component thereof, and the general character of
and the uses to be included in the proposed planned unit development,
including the following information:
[Amended 7-20-2020 by Ord. No. 20-26]
(a)
Total area to be included in the planned unit
development, area of open space, residential density computations,
proposed number of dwelling units, population analysis, availability
of or requirements for municipal services and any other similar data
pertinent to a comprehensive evaluation of the proposed development.
(b)
A general summary of the estimated value of
structures and site improvement costs, including landscaping and special
features of common open spaces.
(c)
A general outline of the organizational structure
of a property owners' association which may be proposed to be established
for the purpose of providing any necessary private services or maintenance
of common open spaces.
(d)
Any proposed departures from the standards of
development as set forth in this chapter, other Village regulations
or administrative rules or applicable county, state or federal requirements.
(e)
The expected date of commencement, schedule
of development by phases, and completion of physical development as
set forth in the proposal.
(2)
A detailed development site plan, including:
(a)
A survey and legal description of the boundaries
of the subject property included in the proposed planned unit development
and its relationship to surrounding properties prepared by a Wisconsin
professional land surveyor.
[Amended 7-20-2020 by Ord. No. 20-26]
(b)
The location of public and private roads, driveways,
and parking facilities.
(c)
The size, arrangement, and location of any individual
building sites and proposed building groups on each individual site.
(d)
The location of institutional, recreational,
and open space areas and areas reserved or dedicated for public uses,
including schools, parks, and drainageways.
(e)
The type, size, location and setback of all
structures.
(f)
Landscape plan.
(g)
Architectural plans, elevations and perspective
drawings and sketches illustrating the design and character of the
proposed structures.
(h)
The existing and proposed location of public
sanitary sewer and water supply facilities.
(i)
The existing and proposed location of all private
utilities or other easements.
(j)
Soil characteristics.
(k)
Existing and proposed topography on the site.
(l)
Detailed stormwater drainage plans prepared
by a professional engineer licensed by the State of Wisconsin.
(m)
Uses of adjoining lands in regard to roads,
surface water drainage, and compatibility with existing adjacent land
uses.
(n)
Any other data or information requested at the
preapplication conference.
I.
Public hearing. The Plan Commission, before formulating its recommendations to the Village Board, shall hold a public hearing pursuant to the requirements of § 420-13 of this chapter. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested planned unit development overlay district.
J.
Basis for application approval. The Plan Commission
in making its recommendation to the Village Board and the Village
Board in making its determination shall find that:
(1)
The applicants for the proposed planned unit development
overlay district have indicated that they intend to begin the physical
development of the planned unit development within 12 months following
the approval of the application and the development will be carried
out according to a reasonable construction schedule satisfactory to
the Village.
(2)
The proposed planned unit development overlay district
is consistent in all respects with the purpose of this section and
with the spirit and intent of this chapter and is in conformity with
any existing or proposed comprehensive plan or any adopted components
thereof and the development would not be contrary to the general welfare
and economic prosperity of the community.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
The proposed site is provided with adequate drainage
facilities for surface and storm waters.
(4)
The proposed site is accessible from public roads
that are adequate to carry the traffic that can be expected to be
generated by the proposed development.
(5)
No undue constraint or burden will be imposed on public
services and facilities, such as, but not limited to, fire and police
protection, street maintenance, and maintenance of public areas by
the proposed development.
(6)
The streets and driveways on the site of the proposed
development are adequate to serve the proposed development and do
meet the minimum standards of all applicable ordinances or administrative
regulations of the Village.
(7)
Municipal public water and sewer facilities are provided, except as specified in § 420-137F above.
[Amended 3-20-2006 by Ord. No. 06-13]
(8)
The entire tract or parcel of land to be included
in a planned unit development overlay district is held under single
ownership or, if there is more than one owner, the application for
such planned unit development overlay district is considered as one
tract, lot or parcel and the legal description defines said planned
unit development as a single parcel, lot or tract and is jointly petitioned
by the several owners. This requirement shall not be deemed to prevent
further divisions of the land after creation of the planned unit development
overlay district, provided that all further divisions are in accordance
with the restrictions placed on the particular planned unit development.
(9)
In the case of a proposed residential planned unit
development overlay district:
(a)
Such development creates an attractive residential
environment of sustained desirability and economic stability, including
structures in relation to terrain, consideration of safe pedestrian
flow, ready access to recreational space, and coordination with overall
Village plans.
(b)
Provision has been made for the installation
of adequate public facilities and the continuing maintenance and operation
of such facilities.
(c)
Provision has been made for adequate, continuing
fire and police protection.
(d)
The population composition of the development
will not have an adverse effect upon the Village's capacity to provide
needed municipal service facilities.
(e)
Adequate guarantee is provided for permanent
preservation of open space areas as shown on the approved site plan
either by private reservation and maintenance or by dedication to
the public.
(f)
Other requirements as set forth by the Village.
(10)
In the case of a proposed commercial, manufacturing
and institutional planned unit development overlay district:
(a)
The economic practicality of the proposed development
can be justified.
(b)
The proposed development will be adequately
served by off-street parking and truck service facilities.
(c)
The proposed development is adequately provided
with and does not impose any undue burden on public services and facilities,
such as fire and police protection, street maintenance, and maintenance
of public areas.
(d)
The locations for entrances and exits have been
designated to prevent unnecessary interference with the safe and efficient
movement of traffic on surrounding streets, and the development will
not create an adverse effect upon the general traffic pattern of the
surrounding neighborhood.
(e)
The architectural design, landscaping, control
of lighting, and general site development will result in an attractive
and harmonious service area compatible with and not adversely affecting
the property values of the surrounding neighborhood or area.
(f)
Provision has been made for the installation
of adequate public facilities and the continuing maintenance and operation
of such facilities.
(g)
Provision has been made for adequate, continuing
fire and police protection.
(h)
Adequate guarantee is provided for permanent
preservation of open space areas as shown on the approved site plan
either by private reservation and maintenance or by dedication to
the public.
(i)
Other requirements as set forth by the Village.
(11)
In the case of a proposed agricultural planned
unit development overlay district:
[Added 3-20-2006 by Ord. No. 06-13]
(a)
Such development shall create an attractive
agricultural environment of sustained desirability and economic stability
and coordinates with the overall Village plans.
(b)
The proposed development shall be adequately
provided with and does not impose any undue burden on public services
and facilities, such as fire and police protection, street maintenance,
and maintenance of public areas.
(c)
Provisions have been made for the installation
of adequate public facilities and the continuing maintenance and operation
of such facilities.
(d)
Provisions have been made for adequate fire
and rescue and police protection.
(e)
Adequate guarantees shall be provided for any
permanent preservation of open space areas as shown on the approved
site plan either by private conservation easements for the preservation,
protection and maintenance of the open space or by dedication of such
open space areas to the public.
(f)
Other requirements as set forth by the Village.
K.
Determination. The Village Board, after due consideration,
may deny the application, approve the application as submitted, or
approve the application subject to additional conditions and restrictions.
The approval of a planned unit development overlay district shall
be based upon and include as a condition thereto adherence to the
building, site, and operational plans for the development as approved
by the Village Board.
L.
Changes and additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the Zoning Administrator, and if in the opinion of the Zoning Administrator such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Plan Commission shall be required and notice thereof shall be given pursuant to the provisions of § 420-13 of this chapter, and said proposed alterations shall be submitted to the Village Board for approval.
M.
Subsequent land division. The division of any land or lands within a planned unit development overlay district for the purpose of change or conveyance of ownership shall be accomplished pursuant to Chapter 395, Land Division and Development Control, of the Village Code.
N.
Failure to begin development. If no substantial construction has commenced as defined in § 420-22J(3) of this chapter or no use is established in the planned unit development district within the time schedule submitted to the Village, the Plan Commission shall petition the Village Board for the purpose of rescinding the planned unit development overlay designation so as to allow the land in question to revert to its underlying zone. The procedures set forth in § 420-13 of this chapter relating to the amendment of this chapter shall be adhered to. In its discretion and for good cause, the Village Board may extend for a reasonable period of time, not to exceed one year, the period for the beginning of construction or the establishment of a use. If the planned unit development overlay district is rescinded, the Zoning Administrator shall remove said district from the Official Zoning Map. Those zoning regulations applicable before the creation of said district shall then be in effect, and no vested rights in the planned unit development overlay district shall be deemed to have accrued.
O.
Approved PUD ordinances are on file with the Village
Zoning Administrator and posted under "Public Documents" online with
the Village Code of Ordinances.
[Amended 7-20-2020 by Ord. No. 20-26]
[Amended 7-20-2020 by Ord. No. 20-26]
A.
The Village Board reserves the right, from time to time and on a
completely discretionary, case-by-case basis, to create a planned
development zoning district (PDD) which is unique and site-specific
for the purpose of accommodating, facilitating and regulating a particular
proposed development and use project. No specific criteria are set
out here to limit the Village Board's discretion in creating such
districts since the nature of the project characteristics which might
give rise to the desirability for a PDD cannot reasonably be foreseen.
Generally, however, the Village Board will consider a PDD only if
a proposed development and use project is not practicable under the
Village's traditional zoning districts; involves multiple uses; is
unusual, large and complex; and is so substantially in the public
interest as to justify extraordinary efforts to accommodate, facilitate
and regulate it. Because the creation of a PDD requires an enormous
commitment of resources by the Village, no person shall have any right
to a PDD classification under any circumstances, and no person shall
have any right to a public hearing on a proposed ordinance to create
a PDD, unless such hearing is specifically approved by the Village
Board after a detailed report on the proposed PDD from the Village
staff. Since a PDD cannot be created by the Village Board unilaterally
and must be consented to by the affected landowner(s), and since the
drafting of a proposed PDD ordinance is necessarily a difficult, time-consuming
and cooperative effort, and since the creation of a PDD will usually
require the negotiation and drafting of a companion development agreement
relating to the public and private infrastructure that is required
to serve the proposed development and use(s), the preparation of a
proposed PDD ordinance will generally involve extensive closed-door
discussions and negotiations between members of the Village staff
and the Village attorneys and representatives of the owner(s) and
developer(s) of the land covered by the proposed PDD. The purpose
of such discussions and negotiations shall not be to commit the Village
Board in any way to the proposed ordinance but rather to mutually
explore the needs and desires of the owner(s) and developer(s) and
the requirements, policies and practices of the Village, to attempt
to structure a proposed ordinance that both the Village staff and
the owner(s) and developer(s) can support, to identify potential problems
and issues which should be addressed at a public hearing, and to attempt
to work out potential solutions to any such problems or issues, so
that the proposed PDD regulations and all relevant facts, issues and
problems can be presented meaningfully and efficiently to the Village
Plan Commission, the Village Board and all interested persons at a
public hearing.
B.
Approved PDD ordinance are on file with the Village Zoning Administrator
and posted under "Public Documents" online with the Village Code of
Ordinances.
Properties within the Village that are located
within three miles of the Kenosha Regional Airport boundaries shall
comply with the City of Kenosha's Airport Overlay District regulations.
