Chapter 100

* Editors Note: This chapter consists of the village zoning ordinance, Ord. No. 572, § I, adopted Feb. 6, 1996, included in this chapter at the discretion of the editor. It has been organized and edited to conform with the style and organization of this Code.

Cross References: Administration, ch. 2; village board, § 2-26 et seq.; boards, commissions and committees, § 2-116 et seq.; amusements and entertainments, ch. 10; buildings and building regulations, ch. 18; building code, § 18-26; electrical code, § 18-46; plumbing code, § 18-76; businesses, ch. 22; environment, ch. 34; fire prevention and protection, ch. 38; health and sanitation, ch. 42; mobile homes and trailers, ch. 50; parks and recreation, ch. 58; planning, ch. 62; streets, sidewalks and other public places, ch. 74; utilities, ch. 86.

This chapter shall be known as, referred to, or cited as the "Zoning Ordinance, Village of Mukwonago, Waukesha County, Wisconsin."

These regulations are adopted under the authority granted by W.S.A., §§ 61.35, 61.351, 61.354, 62.23, 87.30, 144.26 and 144.266.

This chapter is enacted for the purpose of promoting public health, safety, morals, prosperity, aesthetics, comfort and the general welfare of this community.

It is the intent of this chapter to regulate and control the erection, construction, reconstruction, alteration or use of buildings, structures, lands or waters; to regulate and restrict lot coverage, population distribution and density; and to regulate and restrict the size and location of all structures so as to: assure a high quality of life for village residents, lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; facilitate the use of solar energy devices and other innovative development techniques; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the community; and implement the community's comprehensive plan or plan components. In addition, the floodplain/shoreland/wetland zoning regulations set forth in this chapter have been adopted to accomplish the purposes set forth in section 100-271(c). This chapter is further intended to provide for the administration and enforcement of this chapter and to provide penalties for any violations.

This chapter prescribes minimum requirements. If any standard required by this chapter differs from a standard required by some other provision of the Municipal Code, the stricter standard shall apply.

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

All other ordinances or parts of ordinances of the village inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.

The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village of Mukwonago.

No structure, land, water or air shall hereafter be used or developed and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or substantially improved without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this chapter and obtain all required permits. State agencies are required to comply with W.S.A., § 13.48(13). The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt from compliance when W.S.A., § 30.12(4)(a) applies.

The village zoning administrator is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the zoning administrator shall be to interpret and administer this chapter and to issue, after onsite inspection, all permits required by this chapter. The zoning administrator shall further:

(1) Maintain records of all permits issued, inspections made, work approved, and other official actions.

(2) Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered or improved in the floodland districts.

(3) Inspect all structures, lands and waters as often as necessary to assure compliance with this chapter.

(4) Investigate all complaints made relating to the location of structures and the use of structures, lands and waters, give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises, and report uncorrected violations to the village attorney in a manner specified by him/her.

(6) Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him/her to ensure compliance with this chapter. If, however, he/she is refused entry after presentation of his/her identification, he/she may procure a special inspection warrant in accordance with W.S.A., § 66.122.

(7) Prohibit the use or erection of any structure, land or water until he/she has inspected and approved such use or erection.

(9) Request assistance and cooperation from the village police department and village attorney as deemed necessary.

(10) Attend all meetings of the village plan commission and village zoning board of appeals.

(11) Make available to the public, to the fullest extent possible, all reports and documents concerning the village's comprehensive plan and ordinances. In addition, information in the form of reports, bulletins, maps and engineering data shall be readily available and widely distributed. The village board may set fees necessary to recover the cost of providing information to the public.

No structure or development shall hereafter be located, erected, moved, reconstructed, extended, enlarged or structurally altered until after the owner or his/her agent has secured a building permit from the building inspector, unless otherwise exempted pursuant to section 100-16 of this chapter. Applications for a building permit shall be made in duplicate to the building inspector on forms furnished by the building inspector and shall include the following information, when applicable.

(1) Name and addresses of the applicant, owner(s) of the site, architect, professional engineer and contractor.

(2) Description of the subject site by lot, block and recorded subdivision, or metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3) Plat of survey prepared by a registered land surveyor, or a sketch drawn to scale and approved by the building inspector, showing the location, boundaries, dimensions, elevations (to Village of Mukwonago datum), uses and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; offstreet parking, loading areas and driveways; existing highway access restrictions; and existing and proposed street, side and rear yards. In addition, the plat of survey or sketch shall show the location, elevation and use of any abutting lands and their structures within 40 feet of any boundary of the subject site.

(4) Proposed sewage disposal plan if municipal sewerage service is not available. This plan shall include a copy of the permit issued by the county health department for the installation of an onsite soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal. The village engineer, at the applicant's expense, shall certify that satisfactory, adequate and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.

(5) Proposed water supply plan if municipal water service is not available. This plan shall be in accordance with chapter NR-112 of the Wisconsin Administrative Code and shall be approved by the village engineer, at the applicant's expense, who shall certify in writing that an adequate and safe supply of water will be provided.

(6) Condominium declaration. Any developer of land in the Village of Mukwonago who elects to create a condominium pursuant to W.S.A., ch. 703 shall submit a copy of the condominium declaration, and any amendment thereto, to the building inspector to be attached to the file copy of the building permit application.

(7) Additional information as may be required by the village plan commission, village engineer, building inspector, plumbing inspector or as required by any other village ordinances.

(8) A building permit shall be granted or denied in writing by the building inspector within 30 days after application. All conditional use permits shall be granted or denied by the board of zoning and building appeals within 60 days after application, unless the time is extended by mutual consent of the applicant and the village. The building permit or conditional use permit shall expire within six months unless substantial work has commenced, and within 18 months if the structure for which the permit was issued is not substantially completed. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(a) No vacant land shall be occupied or used; no building or premises shall be erected, altered or moved, or change in use allowed; and no nonconforming use shall be created, maintained, renewed, changed or extended until the appropriate permit has been issued by the building inspector. Such permit(s) shall show that the building or premises or part thereof is in compliance with the provisions of this chapter.

(b) No building located in a business or industrial zone and used for business or industrial purposes shall be occupied by a new tenant or a new owner or shall have the use changed without the issuance of a new occupancy permit by the zoning administrator. Such permit shall show that the building or premises or part thereof is in compliance with the provisions of this chapter, ILHR 50-64, electrical code, and the plumbing code of the Village of Mukwonago and State of Wisconsin. Such certificate for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner. Application for an occupancy permit shall be made in the same manner as for a building permit pursuant to section 100-14 of this chapter.

(1) For building an accessory building or shed less than 60 square feet in area.

(2) For any improvement, alteration or repair to an existing building so long as such improvement, alteration and repair does not consist of more than a total of $250.00 in materials and/or labor and which does not effect a change in use or alter the size or position of the structure on the lot. Under no circumstances shall such improvement, alteration or repair include the replacement or alteration of bearing walls, plumbing or electrical work. Any electrical or plumbing work and any replacement or alteration of bearing walls requires a permit.

(3) However, no structure or development in a floodland district shall be exempt from obtaining a building permit. Furthermore, any work that does qualify for an exemption under this section shall be required to comply with the applicable setback, yard, height and other requirements set forth in this chapter.

It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal or county agency. This includes, but is not limited to, a water use permit pursuant to W.S.A., ch. 30 or a wetland fill permit pursuant to section 404 of the Federal Water Pollution Act.

(a) No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The village zoning administrator, in applying the provisions of this section, shall, in writing, recite the particular facts upon which he bases his conclusion that the land is not suitable for certain uses.

(b) All residential lots shall abut a public street, and each lot shall have the minimum frontage as required by this chapter unless specifically exempted by the board of zoning and building appeals.

(c) All principal structures shall be located on a single lot and only one principal structure shall be located, erected or moved onto a lot in the residential and B-1 business district. More than one principal structure shall be allowed within the R-3 and R-10 districts in accordance with an approved site plan or conditional use. The board of zoning and building appeals may permit more than one structure per lot in districts B-2 through M-5 where more than one structure is needed for the orderly development of the parcel. Prior to allowing more than one principal structure per lot within any business zoning district, the board of zoning and building appeals shall request that the plan commission review and comment on the request. Prior to allowing more than one principal structure per lot within any manufacturing zoning district, the board of zoning and building appeals shall request that the economic development committee review and comment on the request. Where additional structures are permitted, the board of zoning and building appeals may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.

(d) No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(e) Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yards on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.

(f) If the applicant contests the findings of the zoning administrator as to site restrictions, then the applicant may appeal the decision of the zoning administrator to the board of zoning and building appeals. Such appeal shall be conducted as set forth in article XII of this chapter. The fee for appealing the decision of the zoning administrator shall be as set forth in section 100-23 of this chapter.

(Ord. No. 572, § I(9.0211), 2-6-96; Ord. No. 700, § I, 1-21-03; Ord. No. 731, § I, 4-20-04)

(1) Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district.

(2) Accessory uses and structures are permitted in any district but not until the principal structure is present. Residential accessory uses shall not involve the conduct of any business, trade or industry except home occupations and professional home offices only as defined and as allowed in this chapter.

(3) Conditional uses and their accessory uses are considered special uses requiring review, public hearing, and approval by the board of zoning and building appeals in accordance with article IV of this chapter.

(4) Any development within 500 feet of existing or proposed rights-of-way of freeways, expressways and interstates and controlled access trafficways and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way shall be reviewed and conditions on use may be imposed by the village board of zoning and building appeals.

(5) Vehicle service, fueling, or washing operations are a conditional use in any business or manufacturing district. Vehicle service, fueling, or washing operations shall meet the following minimum criteria:

a. Fueling businesses must be located 1,000 feet from any other fueling business.

b. The board of building and zoning appeals shall establish stringent landscaping and setback requirements for each business after taking into consideration the specific land involved, existing and potential traffic patterns, and the use of the adjacent properties.

c. Any vehicle repair or service, other than dispensing of fuel shall be conducted within an enclosed building.

d. An owner or subsequent owner of a vehicle service, fueling or washing business operating as of February 6, 1996, or operating after that date, which ceases such operation for a period of one year, shall within a period of six months remove or remodel such vehicle service, fueling or washing business for some other permitted use.

e. All vehicle service, fueling or washing businesses designed and intended for use as such, not operating as of February 6, 1996, and having been nonoperated for a period of two consecutive years, will be required to comply with subsection d. above.

f. The storage of motor vehicles upon any of the above businesses shall be allowed only if such storage is within a visual screened area found to be aesthetically pleasing by the board of building and zoning appeals.

g. All vehicle washing facilities shall be required to provide a minimum of 100 feet of driving surface after the vehicle exits the washing area, unless all vehicles will be machine or employee dried prior to exiting the facility.

(6) Home occupations and professional home offices are a conditional use in any residential district requiring a conditional use permit. The home occupation or professional home office shall meet the following minimum criteria:

a. The use of the residential dwelling for the home occupation or professional home office shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25 percent of the floor area of one floor.

b. No professional home office shall be located in or conducted in any accessory structure.

c. No person other than members of the family residing on the premises shall be employed or engaged in such home occupation or professional home office.

d. Home occupations shall use only household equipment, and no stock in trade shall be kept or sold except that made on the premises.

e. No traffic shall be generated by the home occupation or professional home office in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation or use shall be provided off the street and other than in the required street yard.

g. Home occupations, which comply with the conditions set forth above, may include, but are not limited to, baby sitting, canning, crafts, desktop publishing and other computer services, dressmaking, laundering, millinery, piano teaching and word processing.

h. Home occupations shall not include auto body or engine repair, barbering, beauty shops, construction trades, dance studios, insurance agencies, photographic studios or real estate brokerages.

(7) Cottage industries are a conditional use in any residential district requiring a conditional use permit. The cottage industries shall meet the following minimum criteria:

a. The use of the residential dwelling for the cottage industry shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25 percent of the floor area of one floor.

b. No cottage industry shall be located in or conducted in any accessory structure.

c. No person other than members of the family residing on the premises shall be employed or engaged in such cottage industry.

d. Cottage industries shall use only equipment as approved by the board of zoning and building appeals, and no stock in trade shall be kept or sold except as approved by the board of zoning and building appeals.

e. No traffic shall be generated by the cottage industry in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the cottage industry or use shall be provided off the street and other than in the required street yard.

g. Cottage industries, which comply with the conditions set forth above, may include, but are not limited to, baby sitting, canning, crafts, desktop publishing and other computer services, dressmaking, laundering, millinery, piano teaching, barbering, beauty shops, construction trades, dance studios, insurance agencies, photographic studios, real estate brokerages and word processing.

h. Cottage industries shall not include auto body or engine repair or any occupation or process that uses chemicals or combustibles in quantities undesirable in a neighborhood setting.

a. Need and authority for similar use interpretations. Where a proposed unclassified or unspecified use is similar in character to a permitted or conditional use in a given district the board of zoning and building appeals is authorized to make similar use interpretation. At their discretion the matter may be referred to the plan commission or economic development committee for review and comment. The standards contained in this section shall guide similar use interpretations.

b. Considerations used in making similar use interpretations. The following considerations shall be used to determine what category a use is in and whether the activities are to be considered principal or accessory uses:

1. The similarity of the proposed or projected use or activity to already-permitted uses and activities.

2. The relative amount of site area or floor space and equipment devoted to the activity.

12. Whether the use or activity is likely to be found independent of the other uses or activities on the site.

1. No similar use interpretation shall permit any use in any zoning district unless evidence shall be presented demonstrating that it will comply with all applicable use standards and all other applicable requirements and standards of this chapter.

2. No similar use interpretation shall permit any use in a zoning district unless the use is similar to other uses allowed in the zoning district and is more similar to such uses than to permitted and conditional uses allowed in other zoning districts.

3. If the proposed use is more similar to a use allowed only as a conditional use in the zoning district in which it is proposed to be located, then any similar use interpretation permitting that use shall require a conditional use permit.

d. Effect of similar use interpretations. A similar use interpretation finding that a particular use is permitted or conditionally permitted in a specific district shall not automatically authorize the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure. It merely authorizes the preparation, filing and processing of applications for any permits and approvals that may be required by the Village of Mukwonago's codes and ordinances or other governmental agencies having jurisdiction. These permits and approvals include, but are not limited to site plan and architectural review, conditional use permits, building permits and certificates of occupancy.

(9) Unclassified or unspecified temporary uses, shall be allowed only after approval by the board of zoning and building appeals, in accordance with the following standards:

a. The temporary use shall be for a temporary office for sales, marketing, rental or construction of residential, commercial, industrial or institutional development, or for construction of public facilities and/or utilities.

b. The temporary use shall comply with all applicable village codes, and the board of zoning and building appeals may place standards or conditions upon the temporary use to mitigate adverse impacts upon neighboring properties.

c. The temporary use shall obtain all necessary permits from the village prior to placement.

d. The temporary use approval shall be valid for a maximum period of one year from date of board of zoning and building appeals approval.

a. Well head protection area. Lands surrounding Well No. 5 and Well No. 6 will be subject to the following minimum horizontal separation distances between the well and the following land uses and facilities.

2. Two hundred feet between the well and any sanitary sewer main, sanitary sewer manhole, lift station or single-family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current American Water Works Association C600 specifications. In no case may the separation distance between the well and a sanitary sewer main be less than 50 feet.

3. Four hundred feet between the well and a septic tank or soil adsorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.

4. Six hundred feet between the well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Commerce or its designated agent under § Comm. 10.10.

5. One thousand feet between the well and land application of municipal, commercial or industrial waste; the boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under Wisconsin Department of Natural Resources ch. NR 718 while that facility is in operation; industrial, commercial or municipal waste water lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil adsorption units receiving 8,000 gallons per day or more.

6. One thousand two hundred feet between the well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Wisconsin Department of Natural Resources ch. NR 140 enforcement standards that is shown on the department's geographic information system registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Wisconsin Department of Commerce or its designated agent under § Comm. 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

b. Nonconforming uses. The existing legal use of the structure or building or its accessory use, which is not in conformity with the provisions of this ordinance, may be continued subject to the following. No modifications or additions to a nonconforming use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure or accessory use. Ordinary maintenance repairs are not considered structural repairs, modifications or additions (ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components). If a nonconforming use is discontinued for 12 consecutive months, any future use of the lands, structure or building shall conform to the appropriate provisions of this ordinance.

1. Facilities shall provide copies of all federal, state and local facility operation approvals or certificates and on-going environmental monitoring results to the Village of Mukwonago.

2. Facilities shall provide additional environmental or safety structures/monitoring as deemed necessary by the Village of Mukwonago, which may include (but is not limited to) stormwater runoff management and monitoring.

3. Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

4. Facilities shall have the responsibility of devising and filing with the Village of Mukwonago a method for the immediate notification of Village of Mukwonago officials in the event of an emergency.

5. In the event the individual and/or facility causes the release of any contaminants which endanger either Well No. 5 or 6, the activity causing said release shall immediately cease and a cleanup satisfactory to the Village of Mukwonago shall occur.

6. The individual/facility shall be responsible for all costs of cleanup, Village of Mukwonago consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation.

1. It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this ordinance. In case of any violation, the Village of Mukwonago Village Board may institute appropriate action or proceedings to enjoin a violation of this ordinance.

2. Any person, firm or corporation who fails to comply with the provisions of this ordinance shall, upon conviction thereof, forfeit not less than $100.00, nor more than $500.00 plus the costs of prosecution of reach violation, and in default of payment of such forfeiture and costs shall have such costs added to their real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.

(Ord. No. 572, § I(9.0212), 2-6-96; Ord. No. 691, § I, 5-7-02; Ord. No. 700, §§ II, III, 1-21-03; Ord. No. 772, §§ I, II, 11-15-05)

No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

All persons, firms or corporations performing work which by this chapter requires the issuance of a permit shall pay a fee for such permit to the village treasurer to help defray the cost of administration, investigation, advertising, and processing of permits and variances. The permits for which a fee is required are the building permit, occupancy permit, conditional use permit, sign permit, and erosion control permit. A fee shall also be required for a zoning review by the zoning administrator, zoning text or map amendment, zoning appeal or variance and a planned unit development review. The fees shall be as established by resolution of the village board.

A double fee shall be charged by the zoning administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecutions for violation of this chapter.

It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this chapter. Failure to secure the necessary permits prior to commencing construction shall also constitute a violation. In case of any violation, the village board, the zoning administrator, the village plan commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this chapter.

Whenever an order of the zoning administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent or occupant of the premises, the village board, the zoning administrator, or the village attorney may institute appropriate legal action or proceedings to prohibit such owner, agent or occupant from using such structure, land or water.

Any person, firm or corporation that fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $50.00 nor more than $500.00 and any costs of prosecution for each violation and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense. If any specific ordinance imposes a greater penalty, then that ordinance shall govern the amount of the penalty.

For the purpose of this chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning. Words used in the present tense in this chapter include the future. Words in the singular number include the plural number; words in the plural number include the singular number. The word "person" includes a firm, association, partnership, trust, company or corporation as well as an individual. The word "he" includes the word "she." The word "shall" is mandatory, the word "should" is advisory, and the word "may" is permissive. Any words not defined in this section shall be presumed to have their customary dictionary definitions.

Accessory use or structure. A detached subordinate structure or a use which is clearly incidental to, and customarily found 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.

Adult family home. Defined under W.S.A., § 50.01(1), means one of the following:

(1) Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for three or four adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in W.S.A., § 51.01(5), or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than four, or more adults or children if all of the adults or all of the children are siblings, or, if the residence is licensed as a treatment foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than four.

(2) The private residence was licensed under W.S.A., § 48.62, as a foster home or treatment foster home for the care of the adults specified in subdivision 1. at least 12 months before any of the adults attained 18 years of age.

(b) A place where three or four adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to seven hours per week of nursing care per resident.

Alley. A special public right-of-way affording only secondary access to abutting properties.

Art studio. An establishment engaged in the sale or exhibit of art works such as paintings, sculpture, macrame, knitted goods, stitchery or pottery. Art studios are also engaged in the creations of such art works and often offer instruction in their creation. Within the context of this chapter, art studio does not include nude modeling and other pornographic exhibits.

Arterial highway. A public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways include freeways and expressways, state trunk and county trunk highways, and other heavily traveled streets and parkways.

A zones. Areas of potential flooding shown on the village's "flood insurance rate map" which would be inundated by the regional flood as defined herein. These zones may be numbered A0, A1 to A99, or be unnumbered A zones. The A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

Assembly. When used in describing an industrial operation, the fitting or joining of parts of a mechanism by means of fasteners, nuts and bolts, screws, glue, welding or other similar technique. Assembly shall not include the construction, stamping or reshaping of any of the component parts.

Baby sitting. The act of providing care and supervision for fewer than four children. This definition does not apply when the baby sitter is related to the child, or when more than four children in one household are related.

Basement. That portion of any structure which is below grade, or which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.

Boardinghouse. A building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for not more than 12 persons not members of the family who are the principal occupants of the family. Boardinghouses are not open to transient customers such as those who would seek lodging at a motel or hotel.

Boathouse. As defined in W.S.A., § 30.121(1). A permanent structure used for the storage of watercraft and associated materials and includes all such structures which are totally enclosed, have roofs or walls or any combination of structural parts.

Building. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.

Building area. The total living area bounded by the exterior walls of a building at the floor levels, but including basement, utility rooms, garages, porches, breezeways and unfinished attics.

Building height. The vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of the roof.

Bulkhead line. A geographic line along a reach of navigable water that has been specified by adoption of a municipal ordinance and approved by the department of natural resources pursuant to W.S.A., § 30.11, and which allows limited filling between the bulkhead line and the original ordinary high water mark, except where such filling is prohibited by the floodway provisions of this chapter.

Certificate of compliance. A certification issued by the zoning administrator stating that any construction and use of land or a building, the elevation of fill or the first floor of a structure is in compliance with all of the provisions of this chapter.

Channel. A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

Clothing stores. Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, and dress, hosiery, and millinery shops.

Clothing repair shops. Shops where clothing is repaired, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, clothes pressing shops, but none employing over five persons.

Community living arrangement. The following facilities licensed and operated, or permitted under the authority of the Wisconsin Statutes: Child welfare agencies under W.S.A., § 48.60, group foster homes for children under W.S.A., § 48.02(7m), and community-based residential facilities under W.S.A., § 50.01; but does not include daycare centers, nursing homes, general hospitals, special hospitals, prisons or jails. The establishment of community living arrangements is governed by W.S.A., §§ 46.03(22), 59.97(15), 60.63 and 62.23(7)(i).

Conditional uses. Uses of a special nature as to make impractical their predetermination as to a permitted use in a district. A use which is permitted by this chapter, provided that certain conditions are met and that a permit is granted by the board of zoning and building appeals or, where designated, the village board or the planning commission.

Condominium. A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all owners on a proportional, undivided basis. It is a legal form of ownership of real estate and not a specific building type or style.

Conservation standards. Guidelines and specifications for soil and water conservation practices and management enumerated in the technical guide prepared by the U.S. Department of Agriculture, Soil Conservation Service, for the county, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities, from which the landowner selects the alternative which best meets his needs in developing his soil and water conservation plan.

Construction site control measure. A control measure used to meet the requirements of section 100-353 of this chapter.

Control measure. A practice or combination of practices to control erosion and attendant pollution.

Control plan. A written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of the site construction erosion control provisions of this chapter submitted by the applicant for review and approval by the village.

Community living arrangement. Defined under W.S.A., § 46.03(22)(a) means any of the following facilities licensed or operated, or permitted under the authority of the State of Wisconsin Department of Health and Family Services:

(a) Residential care centers for children and youth, as defined in W.S.A., § 48.02(15d), operated by child welfare agencies licensed under W.S.A., § 48.60;

(d) Does not include adult family homes, as defined in W.S.A., § 50.01(1), daycare centers, nursing homes, general hospitals, special hospitals, prisons, and jails.

Daycare center. An establishment in which the operator is provided with compensation in return for providing one or more individuals with care for less than 24 hours at a time. The term includes, but is not limited to, a day nursery, nursery school, adult daycare center or other supplemental care facility. This term does not include a family daycare home.

Density. The number of dwelling units per acre of land on a parcel, lot or unified land-developing activity. For the purposes of calculation, the number of dwelling units is the numerator and the acreage is the denominator, with the resultant expressed in dwelling units per acre.

Density, gross. The number of dwelling units per acre of land on a parcel, lot or unified land-developing activity where the amount of acres excludes any existing right-of-way and any major utility right-of-way.

Density, net. The number of dwelling units per acre of land on a parcel, lot or unified land developing activity where the amount of acres excludes any existing right-of-way and any major utility right-of way, plus excluding all natural resources to be protected, including wetlands, floodplains, lakes and streams, woodlands and forests, existing stormwater basins, primary environmental corridors, and archeological sites.

Development. Any new use, change of use and any change to improved or unimproved real estate including, but not limited to, the construction of buildings, structures or accessory structures; any placement of mobile homes, the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials, public or private sewage disposal systems or water supply facilities.

District, basic. A part or parts of the village for which the regulations of this chapter governing the use and location of land and buildings are uniform (such as the residential, commercial, and industrial district classifications).

District, overlay. Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

Drainage system. One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Drive-in restaurant. An establishment used for the sale, dispensing or serving of food, refreshments or beverages in or on disposable plates and cups, including those establishments where customers may serve themselves and may eat and drink the food, refreshments and beverages on or off the premises.

Dryland access. A vehicular access which is above the regional flood elevation and which connects land located in the floodplain to land which is outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.

Dwelling. A detached building, also called a duplex, designed or used exclusively as a residence or sleeping place, but does not include boarding or lodginghouses, motels, hotels, tents, cabins or mobile homes.

Dwelling, single-family. A detached building designed for or occupied exclusively by one family.

Dwelling, two-family. A detached building containing two separate dwelling (or living) units, designed for the occupancy by not more than two families.

Dwelling, multiple-family. A residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, bi-level. A two-level dwelling with one level above grade, and the other level half above grade and half below grade. The lowest level may or may not have exterior access. For the purpose of measuring living area, the building inspector will determine functional areas as set forth in the definition of "living area," and the first floor area will be considered to be the first level that is entirely above grade.

Dwelling, tri-level. A three-level dwelling with two levels above grade, and a third level half above grade and half below grade. The lowest level may or may not have exterior access.

Existing mobile home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale on which the construction of facilities for servicing the lots (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this chapter.

Expansion to existing mobile home park. Means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be placed. This includes installation of utilities, either final site grading, pouring pads or construction of streets.

Election campaign period. In the case of an election for office, the period beginning on the first day for circulation of nomination papers by candidates or the first day that candidates would circulate papers were papers to be required, and ending the day of election. In the case of a referendum, the period beginning on the day on which the question to be voted upon is submitted to the electorate and ending on the day on which the referendum is held.

Efficiency. A dwelling unit consisting of one principal room with no separate sleeping rooms.

Encroachment. Any fill, structure, building, use or development in the floodway.

Environmental control facility. Any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste or thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

Equal degree of encroachment. The effect of any encroachment into the floodway must be computed by assuming an equal degree of hydraulic encroachment on the other side of a river or stream for a significant hydraulic reach. This computation assures that property owners up, down or across the river or stream will have the same rights basis of the effect upon hydraulic conveyance, not upon the distance the encroachment extends into the floodway.

Erosion. The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.

Essential services. Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Expressway. A divided arterial street or highway with full or partial control of access and with or without grade separated intersections.

Family. The body of persons related by blood, marriage or adoption, or not more than four (4) unrelated persons who live together in one dwelling unit as a single housekeeping entity.

Family daycare home. A dwelling licensed as a daycare center by the State of Wisconsin Department of Health and Family Services under W.S.A., § 48.65, where care is provided for not more than eight children. (From W.S.A., § 66.1017(1)(a).)

Farmers market. The temporary sale of farm products at a site other than where they were grown. The sale of farm produce grown on the premises or the sale of not more than five bushels per day of farm produce grown off the premises is not considered a farmers market.

Federal emergency management agency (FEMA). The federal agency that administers the National Flood Insurance Program.

Fence height. The distance measured from the average grades of the abutting lots to be separated by the fence.

Fixed houseboat. As defined in W.S.A., § 30.121(1). A structure not actually used for navigation which extends beyond the ordinary high water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

Flea market. Any premises where the principal use is the sale of new or used household goods, personal effects, tools, art work, small household appliances and similar merchandise, equipment or objects, in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser. Flea markets may be conducted within a structure or in the open air. Rummage sales and garage sales are not considered to be flea markets.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas caused by:

(3) The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; and

(4) The sudden increase 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.

Flood frequency. 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 to a percent chance of occurring in any given year.

Floodfringe. That portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood; it is generally associated with standing water rather than rapidly flowing water.

Flood hazard boundary map. A map prepared for the municipality by FEMA designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A zones and do not contain floodway lines or regional flood elevations. These maps form the basis for both the regulatory and insurance aspects of the National Flood Insurance Program.

Flood insurance study. A technical engineering examination, evaluation and determination of flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and regional flood elevations as well as floodway lines. The flood hazard areas are designated as numbered and unnumbered A zones. Flood insurance study maps form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

Floodlands. For the purpose of this chapter, the floodlands are all lands contained in the "regional flood" or 100-year recurrence interval flood. For the purpose of zoning regulation, the floodlands are divided into the floodway overlay district and the floodplain fringe overlay district.

Floodplain. That land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the floodfringe and general floodplain area.

Floodplain island. A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

Flood profile. A graph or longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.

Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments which reduce or eliminate flood damage to unimproved or improved real estate, water and sanitary facilities, structures and their contents.

Flood protection elevation. An elevation that corresponds to a point two feet of freeboard above the water surface profile associated with the regional flood. (Also see "freeboard")

Flood stage. The elevation of the floodwater surface above the officially established datum plane, which is mean sea level, 1929 adjustment, on the supplementary floodland zoning map.

Floodway. The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

Floodway encroachment lines. Represent the limits of obstruction to flood flows. These lines are designated on both sides of, and generally parallel to, the channel of a river or stream. They are established by assuming that the area landward (outside of the encroachment lines) will ultimately be developed in such a way that it will not convey flood flows, but the development will not cause an increase to regional flood elevations upstream. It is assumed that any development riverward of these lines will cause an obstruction and will require a detailed analysis to determine its effect on the regional flood elevations upstream.

Foster home. Any facility that is operated by a person required to be licensed by W.S.A., § 48.62(1)(a), and that provides care and maintenance for no more than four children or, if necessary to enable a sibling group to remain together, for no more than six children or, if the State of Wisconsin Department of Health and Family Services promulgates rules permitting a different number of children, for the number of children permitted under those rules. (From W.S.A., § 48.02(6).)

Foster family home. The primary domicile of a foster parent which is for four or fewer foster children and which is licensed pursuant to W.S.A., § 48.62.

Freeboard. Represents a factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard compensates for the many unknown factors that contribute to flood heights greater than the height calculated. These unknown 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 the sedimentation of a river or stream bed.

Freeway. An expressway will full control of access and with fully grade separated intersections.

Frontage. The smallest dimension of a lot abutting a public street measured along the street right-of-way line. For lots abutting a lake or stream, the smallest dimension measured along the shoreline.

Garage, private. A structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the families resident upon the premises.

Gift stores. Retail stores where items such as art, antiques, jewelry, books and notions are sold.

Group assembly. A company of persons gathered together for any purpose for a period of two or more hours.

Group foster home. Any facility operated by a person required to be licensed by the State of Wisconsin pursuant to W.S.A., § 48.62, for the care and maintenance of five to eight foster children.

Hardware stores. Retail stores where items such as plumbing, heating and electrical supplies, sporting goods and paints are sold.

Hearing notice. Publication or posting meeting the requirements of W.S.A., ch. 985. Class 1 notice is required at a minimum for appeals; published once at least one week (seven days) before the hearing. Class 2 notice is required at a minimum for all zoning ordinances and amendments including map amendments; published twice, once each week consecutively, the last publication at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice exceeding these minimums.

High flood damage potential. Any danger to human life or public health or the potential for any significant economic loss to a structure or its contents.

High water elevation. "Ordinary high water mark" means 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.

Historic district. An area designated by the village board, on recommendation of the commission, that contains two or more historic improvements or sites, as well as those abutting improvement parcels which the commission determines shall fall under the provisions of this section to assure that their appearance and development are harmonious with such historic structures or historic sites.

(1) Listed in the National Register of Historic Places or preliminarily determined by the secretary of the interior as meeting the requirements for listing on the National Register;

(2) 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;

(4) Listed on a local inventory of historic places in communities with historic preservation programs certified by the state.

Home industry. A home occupation that is carried out in a structure separate from the principal structure; or the manufacture or assembly of a product, often on a contract basis, in a residence; or an occupation of a more intense nature that is normally defined as a home occupation.

Home occupation. Any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises.

Housing for the elderly. A dwelling unit or units designed and constructed to be occupied by elderly persons. An elderly person is a person who is 62 years of age or older on the date such person intends to occupy the premises, or a family, the head of which, or his spouse, is an elderly person as defined herein.

Increase in regional flood height. A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and proposed conditions which is 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.

Interchange. A grade separated intersection with one or more turning lanes for travel between intersection legs.

Joint extraterritorial zoning committee. Any zoning committee established in accordance with W.S.A., § 62.23(7a).

Junk or salvage yard. An area consisting of buildings, structures or premises where junk waste and discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards and house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition. Junk yards are not permitted in the Village of Mukwonago.

Land developing activity. The construction of buildings, roads, parking lots, paved storage areas and similar facilities.

Land disturbing activity. Any manmade change of the land surface, including removing vegetative cover, excavating, filling and grading, but not including agricultural activities such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscape modifications.

Landmark. Any structure or improvement which has a special character or special historic interest or value as part of the community, state or nation and which has been designated as a landmark pursuant to the provisions of the Village of Mukwonago Historical Society.

Landmark site. Any parcel of land of historical significance due to substantial value in tracing the history of aboriginal man, or upon which a historic event has occurred, and which has been designated as a landmark site pursuant to the provisions of this chapter; or a parcel of land, or part thereof, on which is located a landmark and any abutting parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated.

Land use. Any nonstructural use made of unimproved or improved real estate. (Also see "development")

Land user. Any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.

Letter of map amendment (LOMA). Official notification from the federal emergency management agency (FEMA) that a flood hazard boundary map or flood insurance rate map has been amended.

Living area. The total area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways and unfinished attics.

Living rooms. All rooms within a dwelling except closets, foyers, storage area, utility rooms and bathrooms.

Loading area. A completely offstreet space or berth on the same lot as the principal use it serves for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lot. For the purpose of this chapter, a lot shall be defined as a parcel of land on which a principal building and its accessory building are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street and should not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes should be included in the computation of lot size.

Lot, corner. A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot size. (See Illustration No. 3.)

Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline.

Lot, double frontage. A parcel or lot, other than a corner lot, with frontage on two streets or with frontage on a street and a navigable body of water. Where access to the parcel or lot is restricted from one of the frontages, then the yard facing the restricted access street shall be considered the rear yard for building setback purposes, and the yard facing the allowable access street shall be considered the street yard for building setback purposes.

Lot lines and area. The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot line fence. Any fence located a distance from lot line equal to the height of the fence.

Lot, triple frontage. A parcel or lot that is also a corner lot, with frontage on three streets. Where access to the parcel or lot is restricted from one of the frontages that are opposite the frontage with allowable access, then the yard facing the restricted access street shall be considered the rear yard for building setback purposes. The third street frontage that is not opposite of a yard with street frontage shall be considered the street yard for building setback purposes.

Lot width. The width of a parcel of land measured between the intersection of the two side lot lines and the right-of-way, measured along the chord. Where the lot width narrows toward the rear yard, the lot width shall be measured at the building setback line between the two side lot lines, measured along the chord. On corner lots, the smallest frontage shall be deemed the lot width, and no side or rear lot line shall be less than the required lot width.

Machine shops. Shops where lathes, presses, grinders, shapers and other wood and metal working machines are used, such as blacksmith, tinsmith, welding and sheet metal shops; plumbing, heating and electrical repair shops; and overhaul shops.

Manufacturing. When used in describing an industrial operation, the making or processing of a product with machinery.

Manufactured home. As defined in W.S.A., §§ 101.90--101.96 or future revisions of these statutes.

Minor structures. Any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors, and walls and fences.

Mobile home. A vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction but not including a unit used primarily for camping, touring or recreational purposes which remains licensed and ready for highway use and remains onsite less than 180 days.

Mobile home park. Any parcel of land which has been developed for the placement of mobile homes upon which two or more units may be located, regardless of whether or not a charge is made for such accommodation.

Motel. A series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.

Multiple-family. A residential building or grouping of residential buildings where each building is designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided. A multiple-family residence may be owner occupied or rental occupied.

Navigable waters. Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state.

Nonconforming uses or structures. Any structure, land or water lawfully used, occupied or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter or amendment thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements is considered a nonconforming structure and not a nonconforming use.

Nursing home. A place where five or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require access to 24-hour nursing services, including limited nursing care, intermediate level nursing care and skilled nursing services, as defined in W.S.A., § 50.01.

Obstruction to flow. Any development which physically blocks the conveyance of floodwaters such that this development by itself or in conjunction with any future similar development will cause an increase in regional flood height.

Official letter of map amendment. Official notification from the federal emergency management agency (FEMA) that a flood hazard boundary map or flood insurance rate map has been amended.

Ornamental fence. A fence intended to decorate, accent or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner or a lot line; or frame a driveway, walkway or planting bed. Ornamental fences are those with more than 50 percent of their surface area open for free passage of light and air. Ornamental fences are often of the picket, rail or wrought iron type.

Parking lot. A structure or premises containing ten or more parking spaces open to the public. Such spaces may be for rent or a fee.

Parking space. A graded and surfaced area of not less than 180 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

Parties in interest. Includes all abutting property owners, all property owners within 250 feet, and all property owners of opposite frontages.

Pierhead line. A boundary line established along any section of the shore of any navigable waters by a municipal ordinance approved by the state department of natural resources, pursuant to W.S.A., § 30.13. Piers and wharves are only permitted to the landward side of such pierhead line unless a permit has been obtained pursuant to W.S.A., § 30.12(2).

Places of entertainment. Includes pool halls, theaters, bowling alleys, dance halls, skating rinks, golf driving ranges and night clubs.

Premises. A lot, parcel, tract or plot of land together with the buildings and structures thereon.

Processing. When used in describing an industrial operation, the series of continuous actions that changes one or more raw materials into a finished product. The process may be chemical as in the processing of photographic materials; it may be a special method such as processing butter or cheese; it may be a mechanical process such as packaging a base product.

Professional home offices. Residences of clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, real estate agents, artists, teachers, authors, musicians, or persons in other recognized professions used to conduct their professions, where the office use is incidental to the residential use of the premises.

Rear yard. A yard extending across the full width of a lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard is opposite the street yard or one of the street yards on a corner lot. Where two side lot lines narrow to the point that the rear lot line is less than ten feet in length, then for purposes of measuring the rear setback, the rear lot line shall be considered a line ten feet in length between the side lot lines as parallel as possible to the street frontage.

Regional flood. The flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once in every 100 years; this means that in any given year, there is a one percent chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regional flood has a 26 percent chance of occurrence.

Rummage sale. The occasional sale of personal property at a residence conducted by one or more families in a neighborhood. Rummage sales do not exceed four consecutive days in length and are not conducted more often than three times per year. Rummage sales do not involve the resale of merchandise acquired for that purpose. Rummage sales are also known as "garage sales." Flea markets, defined elsewhere in this section, are not rummage sales.

Runoff. The rainfall, snowmelt or irrigation water flowing over the ground surface.

Satellite lot. A confined designated area, either subdivided or in common ownership with adjacent areas, containing a single use building that is designed as an integral part of a unified commercial/retail center or business center.

Seat. Furniture upon which to sit, having a linear measurement not less than 24 inches across the surface used for sitting.

Senior housing. A building or group of buildings containing dwellings intended to be occupied by elderly persons, as defined by the Federal Fair Housing Act, as amended. Senior housing may include independent and/or assisted living arrangements but shall not include nursing or convalescent homes regulated by the State of Wisconsin. Independent and assisted living housing are defined as follows:

Senior assisted living. Housing that provides 24-hour supervision and is designed and operated for elderly people who require some level of support for daily living. Such support shall include meals, security, and housekeeping, and may include daily personal care, transportation and other support services, where needed. Individual dwellings may contain kitchen facilities.

Senior independent living. Housing that is designed and operated for elderly people in good health who desire and are capable of maintaining independent households. Such housing may provide certain services such as security, housekeeping and recreational and social activities. Individual dwellings are designed to promote independent living and shall contain kitchen facilities.

Setback or street yard. A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots and double frontage lots have two such yards, except as defined in "Lot, double frontage" and "Lot, triple frontage."

Set of one-year design storms. The rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, 1, 2, 3, 6, 12, and 24 hours that occur approximately once each year. The following are typical characteristics of these one-year storms in most of Wisconsin:

Storm Duration (hours)	Average Rain Intensity (inches/hour)	Total Rain (inches)
0.5	1.8	0.9
1	1.1	1.1
2	0.7	1.3
3	0.5	1.5
6	0.3	1.7
12	0.2	2.0
24	0.1	2.3

Shorelands. Those lands lying within the following distances from the ordinary high water mark of navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream; or to the landward side of the floodplain, whichever distance is greater. Shorelands shall not include those lands adjacent to farm drainage ditches where (a) such lands are not adjacent to a navigable stream or river; (b) those parts of such drainage ditches adjacent to such lands were nonnavigable streams before ditching or had no previous stream history; and (c) such lands are maintained in nonstructural agricultural use.

Shorelines. The intersection of the land surfaces abutting lakes, ponds, streams, flowages and wetlands with the average annual high water elevation.

Shore yards. A yard extending across the full width or depth of a lot, the depth of which shall be the minimum horizontal distance between a line intersecting both side lot lines at the same angle and containing the point of the high water elevation of a pond, stream, lake or wetland nearest the principal structure and a line parallel thereto containing the point of the principal structure nearest the high water line.

Side yard. A yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure. (See Illustration No. 4)

Sign. Any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trade marks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Sign, awning. A sign that is mounted or painted on or attached to an awning, canopy or marquee. (See Illustration No. 5)

Sign copy. The message or advertisement, and any other symbols on the face of a sign.

Sign, ground. Any sign placed upon or supported by the ground independent of any other structures. (See Illustration No. 5)

Sign, portable. A sign that is not permanent, affixed to a building, structure, or to the ground. Such sign is sometimes mounted on wheels to make it transportable. (See Illustration No. 5)

Sign, projecting. A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. (See Illustration No. 5)

Sign, roof. A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eaves line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof. (See Illustration No. 5)

Sign, wall. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building or structure. (See Illustration No. 5)

Sign, window. A sign that is applied or attached to the exterior or interior of a window or located in such manner within the building that it can readily be seen from the exterior of the building through a window. (See Illustration No. 5)

Smoke unit. The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes.

Story. That portion of a building included between the surface of a floor and the surface of the floor or ceiling next above it; a basement or cellar having one-half or more of its height above the average grade of the lot shall be deemed one full story.

Storage capacity. The volume of space available above a given cross-section of a floodplain for the temporary storage of floodwater. The storage capacity will vary with stage.

Street. A public right-of-way not less than 50 feet wide providing primary access to abutting properties.

Street yard. A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.

Structural alterations. Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

Structure. Any erection or construction, such as buildings, prefabricated or prebuilt buildings, towers, masts, poles, booms, signs, decorations, carports, machinery or equipment.

Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not however, include either: (a) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (b) any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows and other nonstructural components.

Surety. Whenever the terms "surety," "surety bond," or "bond" are used in this chapter, such term shall describe only an irrevocable letter of credit or a cash bond as approved by the village attorney.

Sustained yield forestry. Management of forested lands to provide annual or periodic crops of forest products.

Townhouses. A group of single-family dwellings, also called row houses, having an unpierced common wall between each adjacent section and the end units having side yards.

Treatment foster home. Any facility that is operated by a person required to be licensed under W.S.A., § 48.62(1)(b), that is operated under the supervision of the State of Wisconsin Department of Health and Family Services, a county department or a licensed child welfare agency, and that provides to no more than four children care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents. (From W.S.A., § 48.02(17q).)

Turning lane. An existing or proposed connecting roadway between two arterial streets or between an arterial street and any other street. Turning lanes include grade separated interchange ramps.

Unnecessary hardship. That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

Utilities. Public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulator stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.

Wetland. An area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

Yard. An open space on the same lot with a structure, unoccupied and obstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot. (See Illustration No. 4)

(Ord. No. 572, § I(9.2302), 2-6-96; Ord. No. 698, § VIII, 1-21-03; Ord. No. 731, § II, 4-20-04)

(a) For the purpose of this chapter, the Village of Mukwonago is hereby divided into the following zoning districts:


A-1	Agricultural District
R-1	Single-Family Community Residential District
R-2	Single-Family Village Residential District
R-3	Single-Family/Duplex Residential District
R-4	Planned Residential Development District
R-5	Planned Mobile Home District
R-6	Single-Family Original Plat Residential District
R-7	Single-Family Intermediate Residential District
R-8	Single-Family Estate Residential District
R-9	Single- and Multifamily Rural Residential District
R-10	Multifamily Residential District
B-1	Neighborhood Business District
B-2	Business District
B-3	Community Business District
B-4	Rural Business Design District
BFD-2	Business Fire District
M-1	Limited Industrial District
M-2	Light Industrial District
M-3	General Industrial District
M-4	Medium/Heavy Industrial District
M-5	Heavy Industrial District
MFD-1	Manufacturing Fire District
MFD-2	Manufacturing Fire District
P-1	Public and Semipublic District
S-W	Floodplain/Shoreland-Wetland District
FW	Floodway District
FF	Floodfringe District
GFD	General Floodplain District

(b) Boundaries of these districts are hereby established as shown on the most recent map entitled "Zoning Map - Village of Mukwonago, Wisconsin," which map accompanies and is herein made a part of this chapter. All notations and references shown on the maps are as much a part of this chapter as though specifically described herein. This chapter hereby incorporates herein any future changes or any later zoning maps that may be adopted by ordinance of the village board.

(c) The district boundaries in all districts, except the floodplain/shoreland-wetland district shall be construed to follow: corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended.

(d) The boundaries of the floodplain/shoreland-wetland district shall be as set forth in division 7 of this article.

(e) Vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(f) Annexations to or consolidations with the village subsequent to the effective date of this chapter shall be placed in the A-1 agricultural holding district, unless the annexation ordinance places the land in another district. If the annexation ordinance does not set forth a zoning classification, then, within one year, the village plan commission shall evaluate and recommend a permanent classification to the village board. Annexations containing floodplain/shoreland-wetland districts shall be governed as set forth in division 7 of this article.

A certified copy of the zoning map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the village president and the village clerk and shall be available to the public in the office of the village clerk. Changes thereafter to the general zoning districts shall not become effective until entered and attested on the certified copy.

The A-1 agricultural district is intended to provide for the continuation of general farming and related use in those areas of the village that are not yet committed to urban development. It is further the intent of this district to protect lands contained therein from urban development until an orderly transition into urban-oriented districts is required.

a. General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming, and viticulture.

b. Keeping and raising of domestic stock for agribusiness, show, breeding, or other purposes incidental to the principal use of the premises subject to the following limitations:

1. No more than one horse, cow, sheep or similar animal, over six months of age, shall be kept for each two acres; or

2. No more than five chickens, ducks or similar poultry, over two months of age, shall be kept for each acre; or

3. No more than eight rabbits or hare, over two (2) months of age, shall be kept for each acre;

4. The keeping and raising of hogs or fur-bearing animals, except rabbits, is prohibited;

5. Combinations of the above shall be apportioned to the total acreage, and the zoning administrator shall determine the total number of animals allowed.

c. Existing dwelling not accessory to any farm operation or a dwelling remaining after farm consolidation.

a. Customary accessory buildings; including one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign, and other provisions of this chapter.

d. Roof-mounted solar collectors which do not detract from the appearance of the structure, provided that the location of the collector is approved by the board of zoning and building appeals.

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

b. Pea vineries, creameries, and condensers, commercial raising, propagation, and boarding of animals, such as dogs, mink, rabbits, foxes, goats and pigs, and the commercial production of eggs; and the hatching, raising, fattening or butchering of fowl.

c. Top soil removal and the sale of top soil removed from a parcel. The board of zoning and building appeals shall have the authority to require additional soil erosion control measures so as to prevent pollution of surface waters which may be caused by runoff and to impose stringent conditions so as to minimize disruption to adjacent properties.

a. Lots shall be a minimum area of ten acres and shall be not less than 300 feet in width.

b. Lots with existing nonfarm dwellings or lots with dwellings remaining after farm consolidation shall provide a minimum lot area of 40,000 square feet and shall not be less than 150 feet in width.

a. No dwelling or part of a dwelling shall exceed 35 feet in height. Farm buildings shall not exceed 100 feet in height. Other accessory buildings shall not exceed 15 feet in height.

c. The minimum first floor area of a bi-level or two-story dwelling shall be 800 square feet.

d. A tri-level dwelling shall have a minimum living area of 500 square feet per level.

b. There shall be a side yard on each side of all buildings of not less than 50 feet in width.

* Editors Note: Section I of Ord. No. 731, adopted April 20, 2004, repealed Div. 3, §§ 100-101--100-110, and enacted similar provisions to read as herein set out. Former Div. 3 derived from Ord. No. 572, adopted Feb. 6, 1996; Ord. No. 580, adopted Oct. 15, 1996; and Ord. No. 654, adopted Nov. 16, 1999.

The R-1 single-family community residential district is intended to provide for single-family residential development on lots that are a minimum of 15,000 square feet in size. It is the intention of the village to require all new residential developments located in proximity to the village center to be zoned R-1 or zoned such that the lots shall be greater than 15,000 square feet in size.

c. Foster homes and treatment foster homes licensed under W.S.A., § 48.62, subject to the provisions of W.S.A., § 59.69(15).

d. Adult family homes licensed under W.S.A., § 50.033, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

e. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for eight or fewer persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

c. Solar collectors, both roof-mounted and as an accessory structure are permitted provided they comply with all yard and height requirements for the district in which they are located, are screened from street view, and receive prior plan commission approval and a permit from the building inspector.

d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view.

a. Home occupations and professional home offices, subject to the provisions of section 100-21(5).

c. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for nine to 15 persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

d. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for 16 or more persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

4. Minimum greenspace: 60 percent. Land that is permanently or temporarily submerged by water shall only count toward this calculation at one-half the required land space (i.e., 100 square feet submerged = 50 square feet of greenspace).

(5) Parking. Parking for each dwelling unit shall be provided in accordance with section 100-403 of this Code. An attached garage shall be built at the same time as the dwelling and shall be a minimum of 400 square feet in size. If the garage is attached to a one-story dwelling, the garage may not exceed 48 percent of the floor area of the dwelling, or 960 square feet, whichever is less. If the garage is attached to a two-story dwelling, the garage may not exceed 40 percent of the floor area of the dwelling, or 960 square feet, whichever is less. Garages may not have more than three overhead doors. Garage doors may not exceed a total of 32 feet in length and eight feet in height.

a. For any development, adherence to all standard specifications adopted by the village board is required.

b. For any development, a developer's agreement between the village, the developer and the owner of the property may be required. This agreement shall address all concerns and requirements of the village and provide adequate assurances that the development will fulfill the intent of this chapter.

c. No topsoil may be removed from any parcel in the R-1 district without the prior written approval of the village zoning administrator. For all developments that are subject to a developer's agreement, topsoil removal shall be controlled by the terms set forth therein.

The R-2 single-family village residential district is intended to provide for single-family residential development in the older sections of the village with smaller lots. It is the intent of the village to not create or allow any additional R-2 zoning except for the change in use of an existing lot of record adjacent to areas currently zoned R-2.

c. Foster homes and treatment foster homes licensed under W.S.A., § 48.62, subject to the provisions of W.S.A., § 59.69(15).

d. Adult family homes licensed under W.S.A., § 50.033, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

e. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for eight or fewer persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view.

a. Home occupations and professional home offices, subject to the provisions of section 100-21(5).

c. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for nine to 15 persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

d. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for 16 or more persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

e. Public, parochial and private elementary and secondary schools and churches, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line.

1. Minimum lot area: Existing lots of record as of the effective date of this ordinance provided no further division takes place except in accordance with current standards: 8,712 square feet. Lots created subsequent to the effective date of this ordinance: 12,000 square feet.

2. Minimum lot width: Existing lots of record as of the effective date of this ordinance provided no further division takes place except in accordance with current standards: 66 feet. Lots created subsequent to the effective date of this ordinance: 80 feet interior lots; 100 feet corner lots.

(5) Parking. Parking for each dwelling unit shall be provided in accordance with section 100-403 of this Code. The garage may be attached or detached. Detached garages shall be located in the rear yard. Each garage shall be a minimum of 240 square feet in size for each dwelling unit, and may not exceed 960 square feet or 48 percent of the floor area of the dwelling, whichever is less.

a. For any development, adherence to all standard specifications adopted by the village board is required.

c. No topsoil may be removed from any parcel in the R-2 district without the prior written approval of the village zoning administrator. For all developments that are subject to a developer's agreement, topsoil removal shall be controlled by the terms set forth therein.

The R-3 single-family/transitional residential district is intended to provide for single-family residential development, while also allowing transitional residential development (in certain instances as a conditional use), between single-family dwellings and major arterial and collector streets, areas with high noise volumes, areas along or near commercial development or manufacturing; those areas where single-family is not considered sensible development.

d. Foster homes and treatment foster homes licensed under W.S.A., § 48.62, and subject to the provisions of W.S.A., § 59.69(15).

e. Adult family homes licensed under W.S.A., § 50.033, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

f. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for eight or fewer persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

g. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for nine to 15 persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view.

a. Home occupations and professional home offices, subject to the provisions of section 100-21(5).

c. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for 16 or more persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

d. Public, parochial and private elementary and secondary schools and churches, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line.

e. Multiple-family buildings, both condominium and rental, subject to the following restrictions:

1. Multiple-family buildings consisting of more than eight dwelling units are required to contain a minimum of 50 percent one-bedroom units per building.

2. Taking into consideration the specific land(s) involved, the plan commission may require an analysis of existing and potential traffic patterns and the use of adjacent and/or surrounding properties and may recommend stringent setback, parking, landscaping and other aesthetic related zoning standards.

3. The village maintains a ratio of single-family housing to multiple-family units throughout the entire village. Condominium ratios are determined at the discretion of the village board.

1. Taking into consideration the specific land(s) involved, the plan commission may require an analysis of existing and potential traffic patterns and the use of adjacent and/or surrounding properties and may recommend stringent setback, parking, landscaping and other aesthetic related zoning standards.

2. Density shall not exceed 20 dwelling units per acre and shall be specifically designed for senior citizens (those persons aged 55 years or older). Projects shall include such features as central locked lobby entrances; common rooms/areas on each floor and wing within a building; elevators; wider hallways with hand railings; walking paths and outdoor sitting areas; and programs and activities designed for the elderly.

3. At least 80 percent of all units shall be rented or sold to senior citizens. The building design will conform to the multiple-family requirements of this section; although, the board of zoning and building appeals may waive or change requirements to allow for congregate living.

(d) Minimum greenspace: 60 percent. Wetlands, environmental corridors, isolated natural resource areas, and land that is permanently or temporarily submerged by water shall only count toward this calculation at one-half the required land space (i.e., 100 square feet submerged = 50 square feet of greenspace).

3. Multiple-family lots: All multiple-family lots shall meet the more restrictive of the gross and net density requirements for the number of units to be constructed on the site in addition to the dimensional requirements listed below. The board of zoning and building appeals may establish more restrictive requirements for multiple-family dwellings if deemed to be in the best interest of the surrounding neighborhood.

i. 21,000 square feet for a lot platted prior to (effective date of this ordinance); except that any lot less than 21,000 square feet developed with a multifamily structure may be rebuilt if said multifamily structure is destroyed by fire, wind or other natural causes.

ii. 35,000 square feet for all newly platted lots after (effective date of this ordinance).

iii. Lots may be further divided only by a condominium plat, with the overall building site size controlled by the minimum lot area of this section, and number of units per building site controlled by the maximum multifamily density of section 100-103(4)a.3.(e).

(d) Minimum greenspace: 40 percent. Wetlands, environmental corridors, isolated natural resource areas, and land that is permanently or temporarily submerged by water shall only count toward this calculation at one-half the required land space (i.e., 100 square feet submerged = 50 square feet of greenspace).

(e) Maximum multifamily density: The maximum number of dwelling units on any site in the R-3 district shall not exceed the densities specified below. See section 100-111 of this Code for calculation worksheet.

4. Lots for senior housing shall meet the dimensional standards that are applicable to the building style, e.g. multiple-family senior housing shall meet multiple-family dimensional standards, whereas single-family senior housing shall meet single-family dimensional standards.

Principal building (multiple-family): 45 feet, provided there be living space on no more than two floors.

a. For all housing types, parking for each dwelling unit shall be provided in accordance with section 100-403 of this Code.

b. For single-family and two-family development, garages may be attached or detached. Detached garages shall be located in the rear yard. Each garage shall be a minimum of 480 square feet in size per dwelling unit, and may not exceed 960 square feet or 48 percent of the floor area of the building, whichever is less.

c. Multiple-family development shall have a minimum of two enclosed garage stalls per unit at 200 square feet per stall. The garage shall be attached. The plan commission and village board may modify parking requirements for multiple-family development if they deem such action is the best interest of the surrounding neighborhood, and may require enclosed storage space in addition to the minimum garage space. If underground parking is provided, the minimum size shall be set by approval of the plan commission and village board.

d. Senior housing shall provide parking in accordance with standards detailed in section 100-403 of this Code.

a. For any development, adherence to all standard specifications adopted by the village board is required.

c. No topsoil may be removed from any parcel in the R-3 district without the prior written approval of the village zoning administrator. For all developments that are subject to a developer's agreement, topsoil removal shall be controlled by the terms set forth therein.

This ordinance permits the plan commission to recommend and the village board to approve the zoning of certain property R-4 residential planned unit development overlay district (R-4 PUD). Only those duplex and multiple-family developments with more than one principal building per lot in the R-3 and R-10 residential districts that will be enhanced by R-4 PUD designation shall be permitted to be zoned R-4 PUD. In the event the property is zoned R-4 PUD, then the village, subject to the limits set forth in this ordinance, may permit certain modifications to the zoning ordinances that relate to setbacks, greenspace, and parking. In all other respects, property zoned R-4 PUD shall conform to the underlying R-3 or R-10 zoning classification and all other zoning requirements unless otherwise permitted under village ordinances. The designation of property as R-4 PUD is intended to preserve the public health, safety and welfare while providing a safe and efficient system for vehicle traffic; enabling economical design in the location of public and private utilities and community facilities; and ensuring adequate standards of construction and planning.

The R-4 PUD overlay district will allow for flexibility of overall development design. The locations of all uses within the R-4 PUD shall be in accordance with the duly approved development plan for the PUD. In order for a modification to the setbacks, greenspace and/or parking requirements to be granted, the determinative factor is whether the underlying R-3 or R-10 zoning requirement did not anticipate a particular situation and that the granting of the modification will address the matter but still follow the spirit and intent of the underlying R-3 or R-10 district. When approving of a R-4 PUD district, the village board shall designate the underlying R-3 or R-10 district.

(1) Uses. Only those uses as permitted in the underlying R-3 or R-10 zoning district, including those permitted as conditional or accessory, are allowed.

(2) Modifications permitted. After receipt of a recommendation by the plan commission, and subject to a determination that the spirit and intent of the underlying R-3 or R-10 zoning district is being met, the village board may permit modifications to the following zoning requirements:

a. Sections 100-103(3)(b) and 100-110(4)(b) as they relate to front, rear and side yard setbacks may be modified so as to allow for a reduction or require an increase in the setback distance, provided all concerns related to regarding public health, safety, and welfare are met and the spirit and intent of the underlying ordinance is met. The setbacks shall be considered in conjunction with greenspace requirements and may not be modified in such a way that greenspace cannot be met in accordance with any modification permitted under section 100-104(2)b., below.

b. Sections 100-103(3)(a) and 100-110(4)(a) as they relate to required greenspace area may be modified so as to allow the location of the greenspace to be shifted from one location to another provided that the total amount of greenspace required for the development is equivalent to that required under the underlying R-3 or R-10 zoning district. The plan commission and village board shall consider the overall aesthetic appeal of the development in approving any modification to the greenspace requirements.

c. Sections 100-103(4) and 100-110(5) as they relate to the total number of parking stalls required for a residential development may be modified so as to allow for a reduction or require an increase in the total number of required parking stalls. Reductions shall only be permitted when technical documentation is furnished by the applicant to indicate to the satisfaction of the plan commission and village board that actual parking demand for the particular use is less than the required amount. At the discretion of the plan commission and village board, it may or may not be necessary to hold area in reserve for anticipated future parking. The plan commission and village board may also permit detached garages and/or flexibility in the size of parking stalls.

d. The R-4 PUD designation does not grant the plan commission the ability to authorize a relaxation of any requirements of the zoning ordinance not herein specified. Not limited by enumeration, relaxation of the following standards shall not be permitted through R-4 PUD designation: lot coverage (buildings), density (number of units on a site), building size, floor area, lighting, landscaping, and/or use.

(3) Procedural requirements; petition. To initiate R-4 PUD overlay district designation, the owner or owner's agent shall file a petition with the village clerk containing the following:

a. A statement which sets forth the relationship of the proposed PUD to the village's adopted master plan, the uses to be included in the proposed PUD, its general character, and any proposed departures from the standards of development as set forth in this chapter and chapter 45, Land Division, or other village regulations or administrative rules.

1. A legal description of the boundaries of the subject property included in the proposed R-4 PUD and its relationship to surrounding properties.

2. The location of public and private roads, driveways, sidewalks and parking facilities.

3. The size, arrangement and location of any individual building sites and proposed building groups on each individual site.

6. Architectural plans and elevation illustrating the design and character of proposed structures.

7. The existing and proposed location of public sanitary sewer, water supply facilities and stormwater drainage facilities.

8. The existing and proposed location of all private utilities or other easements.

9. Existing topography on the site with contours at no greater than two-foot intervals.

10. Anticipate uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.

c. The petition for an R-4 PUD overlay district shall be referred to the plan commission for its review and recommendation. This recommendation may include any additional conditions or restrictions which the plan commission may deem necessary or appropriate.

d. Upon receipt of the plan commission's recommendations, the village board, before taking affirmative action to approve such petition, shall hold a public hearing, pursuant to section 100-855. Notice for such hearings shall include reference to the development plans filed in conjunction with the requested R-4 PUD overlay district.

(4) Basis for approval of the petition. The plan commission, in making its recommendation, and the village board, in making its determination, shall consider the following:

a. The proposed R-4 PUD overlay district is consistent in all respects to the purpose of this section and to the spirit an intent of this chapter; is in conformity with the adopted master plan; and the development would not be contrary to the general welfare and economic prosperity of the community.

b. The proposed site shall be provided with adequate drainage facilities for surface water and stormwater.

c. The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

d. The proposed development shall be adequately provided with and shall not impose any undue burden or constraint on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

e. The proposed development will be adequately served by off-street parking and truck service facilities.

f. The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic patterns or the surrounding neighborhood.

g. The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious design that is compatible with and not adversely affect the property values of the surrounding neighborhood.

a. Generally. The village board, after due consideration, shall deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions.

b. Approval. The general and detailed approval of an R-4 PUD overlay district shall be based on, and include as conditions thereto, the building, site and operational plans for the development as approved by the village board.

1. General approval. Plans submitted with the R-4 PUD petition need not necessarily be completely detailed at the time of rezoning, provided that they are of sufficient detail to satisfy the village board as to the general character, scope and appearance of the proposed development. Such preliminary plans shall designate the pattern of proposed streets, and the size and arrangement of individual buildings and building sites. The approval of such preliminary plans shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as each stage of development progresses.

2. Detailed approval. Plans submitted for detailed approval shall be sufficiently precise, and all items required by the village board shall be provided prior to final approval.

c. Developer's agreement. The developer shall enter into an appropriate developer's agreement with the village to guaranteed the implementation of the development according to the terms and the conditions established as part of the approved R-4 PUD.

d. Changes and additions. Any subsequent change or addition to an approved plan shall first be submitted for approval to the plan commission, and if, in the plan commission's opinion, such change or addition is not substantial, it may recommend approval to the village board without public hearing. If such change or addition is construed to be substantial, the village board, pursuant to section 100-855 of this chapter, shall hold a public hearing. without limitation to the plan commission's right to determine any other change substantial, a change in any of the following respects shall be automatically construed to be substantial:

1. A significant change in the size, value or type of structure from that indicated in the approved project plan.

2. The addition of any principal uses not included in the approved project plan.

3. A change in the basic concept of site development which would significantly alter the relationship of land uses to adjoining properties.

e. Subsequent land division. The division of any land within a R-4 PUD overlay district for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the village and when such division is contemplated, a preliminary plat or certified survey map of the lands to be divided shall accompany the petition for R-4 PUD approval.

The R-5 planned mobile home district is intended to provide for the orderly development of mobile home courts or parks development. The proper preservation, care and maintenance by the original and all subsequent owners of all mobile homes, common structures, facilities, utilities, access and open spaces shall be assured by deed restrictions enforceable by the village. All developments shall be subject to a written development agreement executed between the developer and the village. All R-5 development must strictly follow the requirements of chapter 50 of this Code.

d. Foster homes and treatment foster homes licensed under W.S.A., § 48.62, subject to the provisions of W.S.A., § 59.69(15).

e. Adult family homes licensed under W.S.A., § 50.033, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

f. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for eight or fewer persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

(2) Permitted accessory uses. All accessory uses shall be located in the rear yard.

d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view.

a. Home occupations and professional home offices, subject to the provisions of section 100-21(5).

c. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for nine to 15 persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

d. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for 16 or more persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

1. Minimum front street yard setback (the street which the front door faces): 35 feet.

(5) Parking. Parking for each dwelling unit is required in accordance with section 100-403 of this Code. The garage may be attached or detached. Detached garages shall be located in the rear yard. Each garage shall be a minimum size of 480 square feet for each dwelling unit.

a. For any development, adherence to all standard specifications adopted by the village board is required.

c. No topsoil may be removed from any parcel in the R-5 district without the prior written approval of the village zoning administrator. For all developments that are subject to a developer's agreement, topsoil removal shall be controlled by the terms set forth therein.

The R-7 single-family intermediate residential district is intended to provide for single-family residential development on larger lots. The village intends in most instances to zone those areas on the outskirts of the village as either R-7 or R-8 so as to blend in with the residential lots located in the unincorporated area outside the village.

c. Foster homes and treatment foster homes licensed under W.S.A., § 48.62, subject to the provisions of W.S.A., § 59.69(15).

d. Adult family homes licensed under W.S.A., § 50.033, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

e. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for eight or fewer persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view.

a. Home occupations and professional home offices, subject to the provisions of section 100-21(5).

c. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for nine to 15 persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

d. Community living arrangements, as defined in W.S.A., § 46.03(22), with a capacity for 16 or more persons, subject to the provisions of W.S.A., § 59.69(15), including annual local review.

e. Topsoil removal and the sale of topsoil removed from a parcel. The board of zoning and building appeals shall have the authority to require additional soil erosion control measures so as to prevent pollution of surface waters which may be caused by runoff and to impose stringent conditions so as to minimize disruption to adjacent properties.