Ordinance No. 786: An Ordinance to Amend Section 100-21 (5)(a) of the
Village of Mukwonago Municipal Code Pertaining to Fueling Operations
- This ordinance increases the
distance between fueling operations to 1,500 feet.Municipal Code of the Village of Mukwonago
Waukesha and Walworth Counties
Chapter 100
ZONING*
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* 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.
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Recently Approved Ordinance Awaiting Codification
Ordinance No. 786: An Ordinance to Amend Section 100-21 (5)(a) of the
Village of Mukwonago Municipal Code Pertaining to Fueling Operations
- This ordinance increases the
distance between fueling operations to 1,500 feet.
Article I. In General
Sec. 100-2. Statutory authority.
Sec. 100-5. Minimum requirements.
Sec. 100-6. Abrogation and greater restrictions.
Sec. 100-12. Municipalities and state agencies regulated.
Sec. 100-13. Duties of the zoning administrator.
Sec. 100-14. Building permits--Generally.
Sec. 100-16. Uses not requiring a building permit.
Sec. 100-17. Conditional use permit required.
Sec. 100-18. Sign permit required.
Sec. 100-20. Site restrictions.
Sec. 100-21. Use restrictions.
Sec. 100-22. Reduction in lot or joint use prohibited.
Sec. 100-28. Definitions generally.
Sec. 100-29. Specific words and phrases.
Secs. 100-30--100-50. Reserved.
Article II. District Regulations
Division 1. Generally
Sec. 100-51. Established; boundaries.
Secs. 100-53--100-70. Reserved.
Division 2. Agricultural District
Sec. 100-71. A-1 agricultural district.
Secs. 100-72--100-100. Reserved.
Division 3. Residential Districts
Sec. 100-101. R-1 single-family community residential district.
Sec. 100-102. R-2 single-family village residential district.
Sec. 100-103. R-3 single-family/transitional residential district.
Sec. 100-104. R-4 residential planned unit development overlay district.
Sec. 100-105. R-5 planned mobile home district.
Sec. 100-106. Reserved.
Sec. 100-107. R-7 single-family intermediate residential district.
Sec. 100-108. R-8 single-family estate residential district.
Sec. 100-109. R-9 single-family rural residential development.
Sec. 100-110. R-10 multiple-family district.
Sec. 100-111. Calculation of density for multiple-family residential uses.
Secs. 100-112--100-150. Reserved.
Division 4. Business Districts
Sec. 100-151. B-1 neighborhood business district.
Sec. 100-152. B-2 general business district.
Sec. 100-153. BFD-1/2 business fire overlay district.
Sec. 100-154. B-3 community business district.
Sec. 100-155. B-4 commercial business design district.
Sec. 100-156. B-5 planned business and light industrial development district.
Sec. 100-157. Permitted and conditional uses of business districts.
Secs. 100-158--100-200. Reserved.
Division 5. Manufacturing/Industrial Districts
Sec. 100-201. M-1 limited industrial district.
Sec. 100-202. MFD-1 limited industrial fire overlay district.
Sec. 100-203. M-2 light industrial district.
Sec. 100-204. MFD-2 light manufacturing fire overlay district.
Sec. 100-205. M-3 general industrial district.
Sec. 100-206. M-4 medium/heavy industrial district.
Sec. 100-207. M-5 heavy industrial district.
Sec. 100-208. Permitted and conditional uses in manufacturing districts.
Secs. 100-209--100-250. Reserved.
Division 6. Public and Semipublic District
Secs. 100-252--100-270. Reserved.
Division 7. Floodplain/Shoreland-Wetland Zoning
Sec. 100-272. General provisions.
Sec. 100-273. Shoreland-wetland zoning district.
Sec. 100-274. Floodplain zoning district.
Sec. 100-276. Amending floodplain and shoreland-wetland zoning regulations; procedures.
Sec. 100-278. Enforcement and penalties.
Secs. 100-280--100-300. Reserved.
Article III. Historic Preservation
Sec. 100-301. Purpose and intent.
Sec. 100-303. Historic preservation commission composition.
Sec. 100-304. Historic structure, historic site and historic district designation criteria.
Sec. 100-305. Powers and duties.
Sec. 100-307. Interim control.
Sec. 100-308. Conformance with regulations.
Sec. 100-309. Penalties for violations.
Sec. 100-310. Emergency conditions.
Secs. 100-311--100-350. Reserved.
Article IV. Conditional Uses
Sec. 100-354. Review, findings and approval.
Secs. 100-355--100-400. Reserved.
Article V. Traffic, Loading, Parking and Access
Sec. 100-401. Traffic visibility.
Sec. 100-402. Loading requirements.
Sec. 100-403. Parking requirements.
Secs. 100-406--100-450. Reserved.
Article VI. Modifications to Building Permit Requirements
Sec. 100-455. Average street yards.
Sec. 100-457. Double frontage lots.
Sec. 100-458. Existing substandard lots.
Secs. 100-460--100-500. Reserved.
Article VII. Signs
Sec. 100-501. Purpose and intent.
Sec. 100-502. Requirement of conformity.
Sec. 100-503. Legal nonconforming signs.
Sec. 100-504. Permit--Required when.
Sec. 100-505. Same--Not required.
Sec. 100-506. Same--Application and expiration.
Sec. 100-507. Special exceptions granted by the board of zoning and building appeals.
Sec. 100-509. Sign maintenance.
Sec. 100-510. Ordered removal of signs.
Sec. 100-511. Prohibited signs.
Sec. 100-512. Construction requirements.
Sec. 100-513. Lighting and visibility.
Sec. 100-514. Sign location requirements.
Sec. 100-515. Permitted signs by district and measurement of signs.
Sec. 100-516. General sign specifications.
Sec. 100-517. Special sign types.
Sec. 100-518. Miscellaneous sign types.
Secs. 100-519--100-550. Reserved.
Article VIII. Nonconforming Uses, Structures and Lots
Sec. 100-551. General provisions.
Sec. 100-552. Abolishment or replacement.
Sec. 100-553. Existing substandard structures.
Sec. 100-554. Changes and substitutions.
Sec. 100-555. Substandard lots.
Secs. 100-556--100-600. Reserved.
Article IX. Site Plan Review
Sec. 100-601. Site plan and architectural review standards for all nonsingle-family properties.
Secs. 100-602--100-700. Reserved.
Article X. Performance Standards
Sec. 100-703. Fire and explosive hazards.
Sec. 100-705. Water quality protection.
Sec. 100-708. Radioactivity and electrical disturbances.
Secs. 100-710--100-750. Reserved.
Article XI. Construction Site Erosion Control
Sec. 100-751. Findings and purpose.
Sec. 100-753. Control of erosion and pollutants during land disturbance and development.
Secs. 100-756--100-800. Reserved.
Article XII. Board of Zoning and Building Appeals
Sec. 100-805. Appeals and applications.
Sec. 100-807. Notice to department of natural resources.
Sec. 100-809. Floodplain/shoreland-wetland mapping disputes.
Secs. 100-812--100-850. Reserved.
Article XIII. Changes and Amendments to the Zoning Code
Sec. 100-854. Review and recommendations.
Sec. 100-856. Village board action.
Sec. 100-857. Boundary changes limited.
Secs. 100-860--100-900. Reserved.
Article XIV. Public Hearings
Sec. 100-901. Notice; publication.
ARTICLE I.
IN GENERAL
Sec. 100-1. Title.
This chapter shall be known as, referred to, or cited as the "Zoning Ordinance, Village of Mukwonago, Waukesha County, Wisconsin."
(Ord. No. 572, § I(9.0109), 2-6-96)
Sec. 100-2. Statutory authority.
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.
(Ord. No. 572, § I(9.0101), 2-6-96)
Sec. 100-3. Purpose.
This chapter is enacted for the purpose of promoting public health, safety, morals, prosperity, aesthetics, comfort and the general welfare of this community.
(Ord. No. 572, § I(9.0102), 2-6-96)
Sec. 100-4. Intent.
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.
(Ord. No. 572, § I(9.0103), 2-6-96)
Sec. 100-5. Minimum requirements.
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.
(Ord. No. 572, § I(9.0104), 2-6-96)
Sec. 100-6. Abrogation and greater restrictions.
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.
(Ord. No. 572, § I(9.0105), 2-6-96)
Sec. 100-7. Interpretation.
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.
(Ord. No. 572, § I(9.0106), 2-6-96)
Sec. 100-8. Severability.
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.
(Ord. No. 572, § I(9.0107), 2-6-96)
Sec. 100-9. Repeal.
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.
(Ord. No. 572, § I(9.0108), 2-6-96)
Sec. 100-10. Jurisdiction.
The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village of Mukwonago.
(Ord. No. 572, § I(9.0201), 2-6-96)
Sec. 100-11. Compliance.
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.
(Ord. No. 572, § I(9.0202), 2-6-96)
Sec. 100-12. Municipalities and state agencies regulated.
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.
(Ord. No. 572, § I(9.0203), 2-6-96)
Sec. 100-13. Duties of the zoning administrator.
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.
(5) Assist the village attorney in the prosecution of ordinance violations.
(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.
(8) Issue citations for violations of this chapter.
(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.
(Ord. No. 572, § I(9.0204), 2-6-96)
Sec. 100-14. Building permits--Generally.
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.
(Ord. No. 572, § I(9.0205), 2-6-96)
Sec. 100-15. Same--Occupancy.
(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.
(Ord. No. 572, § I(9.0206), 2-6-96)
Sec. 100-16. Uses not requiring a building permit.
No building permit shall be required for the following:
(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.
(Ord. No. 572, § I(9.0207), 2-6-96)
Sec. 100-17. Conditional use permit required.
See section 100-351 et seq.
(Ord. No. 572, § I(9.0208), 2-6-96)
Sec. 100-18. Sign permit required.
See section 100-501 et seq.
(Ord. No. 572, § I(9.0209), 2-6-96)
Sec. 100-19. Other permits.
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.
(Ord. No. 572, § I(9.0210), 2-6-96)
Sec. 100-20. Site restrictions.
(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)
Sec. 100-21. Use restrictions.
The following use restrictions and regulations shall apply:
(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.