VILLAGE OF FONTANA-ON-GENEVA LAKE, WISCONSIN CHAPTER 18: ZONING DRAFT 3: OCTOBER 24, 2011

Transcription

1 VILLAGE OF FONTANA-ON-GENEVA LAKE, WISCONSIN CHAPTER 18: ZONING Article 1: Introduction and Definitions Article 2: Zoning Districts Article 3: Land Use Regulations Article 4: Density and Intensity Standards Article 5: Bulk Standards Article 6: Nonconforming Situations Article 7: Overlay Zoning Districts Article 8: Floodplain Article 9: Shoreland-Wetland Article 10: Design Standards Article 11: Landscaping standards Article 12: Signage Standards Article 13: Performance Standards Article 14: Administration Article 15: Procedures DRAFT 3: OCTOBER 24, 2011 NOTE: This October draft of the zoning ordinance depicts track changes from the September 19 th draft.

2

3 VILLAGE OF FONTANA ZONING ORDINANCE TABLE OF CONTENTS Article 1: Introduction and Definitions... 1 Section 18-1: Title... 1 Section 18-2: Authority... 1 Section 18-3: Purpose... 1 Section 18-4: Intent... 1 Section 18-5: Separability and Non-Liability... 1 Section 18-6: Abrogation... 2 Section 18-7: Rules of Interpretation... 2 Section 18-8: Jurisdiction... 3 Section 18-9: Re-enactment and Repeal... 3 Section 18-10: Effective Date... 3 Section 18-11: Word Usage... 3 Section 18-12: Abbreviations... 4 Section 18-13: Definitions... 4 Sections through 18-19: Reserved...16 Article 2: Zoning Districts...17 Section 18-20: Purpose...17 Section 18-21: Standard Zoning Districts...17 Section 18-22: Map of Standard Zoning Districts...18 Section 18-23: Interpretation of Zoning District Boundaries...18 Section 18-24: Description and Purpose of Zoning Districts...18 Sections to 18-26: Reserved...18 Section 18-27: Agricultural Holding (AH-35) District...19 Section 18-28: Lakefront Residential (LR-0) District...22 Section 18-29: Exurban Residential (SR-1) District...24 Section 18-30: Estate Residential (SR-2) District...26 Section 18-31: Neighborhood Residential (SR-4) District...28 Section 18-32: Village Residential (SR-5) District...30 Section 18-33: Attached Residential (AR-6) District...32 Section 18-34: Small Multi-Family Residential (MR-8) District...34 Section 18-35: Large Multi-Family Residential (MR-12) District...37 Section 18-36: Institutional (IN) District...40 Section 18-37: Neighborhood Business (NB) District...42 Section 18-38: Village Center (VC) District...45 Section 18-39: Community Business (CB) District...49 Section 18-40: Resort Business (RB) District...52 Section 18-41: Office Park (OP) District...61 Section 18-42: Research Park (RP) District...63 Section 18-43: Planned Development (PD) District...66 Section 18-44: Neighborhood Specific Zoning Districts...66 Section through 18-49: Reserved...66 Article 3: Land Use Regulations Table of Contents i Draft #3: October 24, 2011

4 Section 18-50: Purpose...67 Section 18-51: Regulation of Allowable Uses...67 Section 18-52: Regulations Applicable to All Land Uses...67 Section 18-53: Detailed Land Use Descriptions and Regulations...69 Section 18-54: Table of Land Uses...70 Section 18-55: Residential Land Uses...75 Section 18-56: Commercial Land Uses...83 Section 18-57: Recreational Land Uses...91 Section 18-58: Institutional Land Uses...92 Section 18-59: Industrial Land Uses...94 Section 18-60: Storage Land Uses...99 Section 18-61: Transportation Land Uses Section 18-62: Extraction and Disposal Land Uses Section 18-63: Agricultural Land Uses Section 18-64: Accessory Land Uses Section 18-65: Temporary Land Uses Section through 18-69: Reserved Article 4: Density and Intensity Standards Section 18-70: Purpose Section 18-71: Intent Section 18-72: Approach Section 18-73: Natural Resources Site Evaluation Section 18-74: Instructions for Determining Density and Intensity Sections through 18-79: Reserved Article 5: Bulk Standards Section 18-80: Purpose Section 18-81: Residential Bulk Standards Section 18-82: Non-Residential Bulk Standards Section 18-83: Yard Setback Adjustments Section 18-84: Intrusions into Required Setbacks Section 18-85: Exceptions to Maximum Height Regulations Section through 18-89: Reserved Article 6: Nonconforming Situations Section 18-90: Purpose Section 18-91: Nonconforming Uses Section 18-92: Nonconforming Structures Section 18-93: Nonconforming and Substandard Lots Section 18-94: Nonconforming Sites and Building Design Section through 18-99: Reserved Article 7: Overlay Zoning Districts Section : Purpose Section : How to Use This Article Section : Overlay Zoning Districts Section : Map of Overlay Zoning Districts Section : Floodway (FW) Overlay Zoning District Table of Contents ii Draft #3: October 24, 2011

5 Section : Floodfringe (FF) Overlay Zoning District Section : General Floodplain (GFP) Overlay Zoning District Section : Shoreland-Wetland (SW) Overlay Zoning District Section : Environmental Corridor (EC) Overlay District Section : Wellhead Protection (WP) Overlay Zoning District Section : Lakeshore (LS) Overlay Zoning District Section through : Reserved Article 8: Floodplain Section : Statutory Authorization Section : Finding of Fact Section : Statement of Purpose Section : Title Section : General Provisions Section : Establishment of Districts Section : Locating Floodplain Boundaries Section : Removal of Lands from Floodplain Section : Compliance Section : Municipalities and State Agencies Regulated Section : Abrogation and Greater Restrictions Section : Interpretation Section : Warning and Disclaimer of Liability Section : Severability Section : Annexed Areas for Cities and Villages Section : General Development Standards Section : General Development Standards Applicable to All Floodplain Districts Section : Floodway District (FW) Section : Floodfringe District (FF) Section : General Floodplain District (GFP) Section : Nonconforming Uses Section : Administration Section : Amendments Section : Enforcement and Penalties Section : Definitions Sections through : Reserved Article 9: Shoreland-Wetland Section : Statutory Authorization Section : Finding of Fact and Purpose Section : General Provisions Section : Shoreland-Wetland Zoning District Section : Nonconforming Structures and Uses Section : Administrative Provisions Section : Conditional Use Permits Section : Zoning Board of Appeals Section : Amending Shoreland-Wetland Zoning Regulations Section : Definitions Table of Contents iii Draft #3: October 24, 2011

6 Article 10: Design Standards Section : Purpose Section : Applicability Section : Exemptions Section : Review and Approval Section : Building Design Standards Section : Exterior Lighting Standards Section : Fencing Standards Section : Group Development and Large Development Standards Sections through : Reserved Article 11: Landscaping standards Section : Purpose Section : How to Use this Article Section : Landscaping Points Section : Sample Landscaping Schemes Section : Measurement of Landscaping Points Section : Landscaping Requirements for Regular Developments Section : Requirements for Permanently Protected Green Space Section : Reforestation Requirements Section : Bufferyard Requirements Section : Classification of Plant Species Section : Standards for Rain Gardens and Bioswales Section : Installation Requirements Section : Calculating Landscaping and Bufferyard Requirements Section : Depiction on Required Site Plan Section : Natural Resource Conservation Ordinance Section through : Reserved Article 12: Signage Standards Section : Purpose Section Intent Section Exempt Signs Section : Permit Required Section : Permit Application Section : Review and Issuance of Sign Permit Section : Sign Measurement Section : Sign Prohibitions and Limitations Section : Sign Requirements Section : Sign Regulations for Residential Zoning Districts Section : Sign Regulations for Non-Residential Zoning Districts Section : Abandoned Signs Section : Temporary Signs Section : Appearance, Construction, and Maintenance of Signage Section : Nonconforming Signs Section : Removal of Defective or Dangerous Signs by the Village Sections through : Reserved Table of Contents iv Draft #3: October 24, 2011

7 Article 13: Performance Standards Section : Purpose Section : Access Standards Section : Visibility Standards Section : Off-Street Parking and Traffic Circulation Section : Off-Street Loading Standards Section : Exterior Storage Standards Section : Swimming Pool Standards Section : Communication Tower Standards Section : Antenna Standards Section : Air Pollution Standards Section : Glare and Heat Standards Section : Fire and Explosions Section : Odor Standards Section : Outdoor Furnaces Section : Hazardous Materials Section : Toxic or Noxious Materials Section : Water Quality Standards Section : Noise Standards Section : Vibration Standards Section : Performance Standards Administration and Enforcement Article 14: Administration Section : Purpose Section : Zoning Administrator Section : Plan Commission Section : Village Board Section : Zoning Board of Appeals Section : Fees Section : Recovery of Village Costs and Expenses Section through : Reserved Article 15: Procedures Section : Purpose Section : Review and Approval Required Section : Public Hearings Section : Amendment Section : Zoning Map Amendments Section : Site Plan Section : Conditional Use Permit Section : Planned Development Section : Temporary Use Permit Section : Zoning Permit Section : Building Permit Section : Occupancy Permit Section : Sign Permit Section : Variance Table of Contents v Draft #3: October 24, 2011

8 Section : Establishment of Neighborhood-Specific Zoning Districts Section : Interpretation Section : Appeal Section : Violations and Penalties Table of Contents vi Draft #3: October 24, 2011

9 ARTICLE 1: INTRODUCTION AND DEFINITIONS Section 18-1: Title This Chapter shall be known, cited, and referred to as the Village of Fontana-On-Geneva Lake Zoning Ordinance, except where as referred to herein, where it shall be known as this Chapter. Section 18-2: Authority This Chapter is enacted pursuant to the authority granted by statutes of the State of Wisconsin. Specific statutory references are provided within the body of this Chapter solely as a means of assisting the reader. Such references are not to be considered as all inclusive and shall in no manner be construed so as to limit the application or interpretation of this Chapter. State Law References: Section 62.23(7), , 87.30, Wisconsin Statutes. Section 18-3: Purpose (a) (b) (c) The overall purpose of this Chapter is to implement the Village of Fontana Comprehensive Plan to the extent possible under zoning, as authorized by Wisconsin Statutes. This Chapter is designed to control and lessen congestion; 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; protect groundwater resources; prevent overcrowding of land; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; facilitate the use of solar devices and other innovative development techniques; stabilize and protect property values; preserve and protect burial sites; advance the appropriate use of land; conserve and restore natural resources and habitats; and preserve and promote the beauty of the community. Specifically, this Chapter is adopted for the purposes of protecting the health, safety, morals, comfort, convenience, and general welfare of the public. Additional purposes of this Chapter are specified throughout this Chapter. Section 18-4: Intent (a) (b) (c) In consonance with the basic purpose stated in Section 18-3, and to implement the same, this Chapter is intended to provide a regulatory framework for land use within the Village, which will aid in achieving a harmonious and compatible relationship between various land uses that is consistent with the rights of property ownership, the general public welfare, and the established goals for community development and character. To this intent, this Chapter is designed to relate realistically to those physical, economic, and environmental factors which would significantly influence the appropriate development and use of land and to provide maximum flexibility, adaptability, and responsiveness to changing physical and economic conditions and societal concerns. The regulations of this Chapter are designed to utilize performance standards wherever possible to evaluate the actual impact of uses or activities upon the community rather than to rely solely on preset and fixed formulae. Recognizing the unique character of the Village resulting from its topography, its location on the shores of Geneva Lake, and its development as a predominantly residential, lakeoriented community, these regulations are also specifically designed to preserve this character, to protect the waters of Geneva Lake, and to effectively harmonize the rights and concerns of Village residents with those of the general public attracted by the resort and recreational facilities on the lake. In addition, the floodplain and the shoreland-wetland zoning regulations further the objectives of local, county, state, and federal governments as set forth in detail Articles 8 and 9 of this Chapter. Section 18-5: Separability and Non-Liability It is hereby declared to be the intention of the Village of Fontana Board of Trustees that the provisions of this Chapter are separable in accordance with the following: Article 1: Introduction and Definitions 1 Draft #3: October 24, 2011

10 (a) (b) (c) (d) If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment. If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Chapter to a particular property, water, building, or structure, such judgment shall not affect the application of said provision to any other property, water, building, or structure not specifically included in said judgment. If any requirement or limitation attached to an authorization given under this Chapter is found invalid, it shall be presumed that the authorization would not have been granted without the requirement or limitation and, therefore, said authorization shall also be invalid. The Village does not guarantee, warrant, or represent that only those areas designated as floodplain will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Village, its officers, employees, agents, or representatives for any flood damages, sanitation problems, or structural damages. Section 18-6: Abrogation It is not intended that this Chapter abrogate or interfere with any constitutionally protected vested right. It is also not intended that this Chapter abrogate, repeal, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law; however, wherever this Chapter imposes greater restrictions, the provisions of this Chapter shall govern. Section 18-7: Rules of Interpretation (a) (b) (c) (d) (e) In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare, and shall be liberally construed in favor of the Village and shall not be construed to be a limitation or repeal of any other power now possessed by the Village of Fontana. Where property is affected by the regulations imposed by any provision of this Chapter and by other governmental regulations, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Regardless of any other provision of this Chapter, no land shall be developed or used, and no structure erected or maintained, in violation of any state or federal regulations. Where there are conflicts between or among regulations within this Chapter, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. In all instances, where there are conflicts between the text of this Chapter and any illustration, table, or figure of this Chapter, the text shall prevail. No structure, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a building permit, except structures not requiring a building permit (e.g. swing set, clothesline, etc.), and without full compliance with the provisions of this Chapter and all other applicable local, county, and state regulations. Nothing herein contained shall require any changes in plans, construction, size, or designated use of any building or part thereof for which a building permit has been issued before the effective date of this Chapter, and the construction of which shall have been started within one year from the date of such permit. Except as provided in this Chapter, under provisions for nonconforming uses, nonconforming sites, substandard lots, and nonconforming structures and buildings (see Article 6), no building, structure, development, or premises shall be hereinafter used or occupied, and no applicable permit granted, that does not conform to the requirements of this Chapter. In cases of mixed-occupancy or mixed-use, the regulations for each land use shall apply to the portion of the structure or land so occupied or so used. Article 1: Introduction and Definitions 2 Draft #3: October 24, 2011

11 (f) (g) Except for outlots authorized under the Village land division regulations to contain permanently protected green space area, no yard or other open space area shall be considered as providing a yard or open space for a building or structure on any other lot. Articles 8 and 9 of this Chapter are comprised of the State of Wisconsin s model floodplain and shoreland-wetland ordinances, and therefore, contain definitions which are specific to those respective Articles and may be inconsistent with definitions found in Section Definitions provided in Section shall apply to this entire Chapter except Articles 8 and 9, and the definitions in Articles 8 and 9 shall only apply to those respective Articles. Section 18-8: Jurisdiction Articles 1 through 15 of this Chapter are applicable to all territory located within the corporate limits of the Village of Fontana-on-Geneva Lake, hereinafter referred to as the Village of Fontana. Article 16 is applicable to all land within the Village s extraterritorial zoning (ETZ) jurisdiction. Section 18-9: Re-enactment and Repeal (a) (b) (c) This Chapter, in part, carries forward by re-enactment some of the provisions of the regulations governing zoning and related matters previously known collectively as the, Chapter 18 of the Municipal Code for the Village of Fontana, adopted prior to the effective date of this Chapter. It is not the intention of this Chapter to repeal, but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced, unless explicitly surrendered by specific provisions of this Chapter or altered by the Official Zoning Map. All provisions of the predecessor which are not re-enacted herein are hereby repealed. The adoption of this Chapter shall not adversely affect the Village s right to prosecute any violation of the predecessor, provided the violation occurred while that Chapter was in effect. Section 18-10: Effective Date This Chapter shall become effective upon passage and posting according to law, following the date of repeal and re-enactment of the Official Zoning Map. All plans approved under previous zoning regulations shall be valid and may be used to obtain permits for a period of not more than one year after the effective date of this Chapter, except where subject to developer agreement provisions. Section 18-11: Word Usage The interpretation of this Chapter shall abide by the provisions and rules of this Section, except where the context clearly requires otherwise, or where the result would clearly be inconsistent with the apparent intent of this Chapter. If there is any conflict or ambiguity between the text of this Chapter and any illustration, table, or figure, the text shall control. (a) Words used or defined in one tense or form shall include other tenses and derivative forms. (b) Words in the singular number shall include the plural number, and words in the plural number shall include the single number. (c) The masculine gender shall include the feminine, and vice versa. (d) The words shall, must, and will are mandatory. (e) The words may, can, and might are permissive. (f) The word person includes individuals, firms, corporations, partnerships, associations, trusts, and any other legal entity. (g) The words Village, Fontana, or Village of Fontana shall mean the Village of Fontana-on- Geneva Lake, Wisconsin. (h) The word county shall mean the County of Walworth, Wisconsin. Article 1: Introduction and Definitions 3 Draft #3: October 24, 2011

12 (i) (j) (k) The word state shall mean the State of Wisconsin. The words Plan Commission shall mean the Village of Fontana Plan Commission. The words Village Board shall refer to the Village of Fontana Board of Trustees. Section 18-12: Abbreviations The following abbreviations in this Chapter are intended to have the following meanings: Abbreviation ANSI CUP DNR or WisDNR FAR ft GSA LSR Max MBS MGD Min MLA N/A PD RPA SEWRPC sf or sq. ft. UDC Wis. Adm. Code WisDOT Wis. Stats. Meaning American National Standards Institute Conditional use permit Wisconsin Department of Natural Resources Floor area ratio Foot Gross site area Landscape surface ratio Maximum Maximum building size Maximum gross density Minimum Maximum lot area Not applicable Planned Development Resource protection area Southeast Wisconsin Regional Planning Commission Square feet State of Wisconsin Unified Dwelling Code Wisconsin Administrative Code Wisconsin Department of Transportation Wisconsin Statutes Section 18-13: Definitions The following words, terms and phrases, wherever they occur in this Chapter, shall have the meanings ascribed to them by this Section. Definitions provided by this Section include: Abutting: Having a common border with, or being separated from, such common border by an alley or easement. Access: A means of providing vehicular or non-vehicular egress from or ingress to a property, highway, or private roadway. Access, Direct: A condition of immediate physical connection resulting from a highway, alley, or private road abutting a property. Acre: 43,560 square feet. Accessory Dwelling Unit: See Section 18-64(f). Article 1: Introduction and Definitions 4 Draft #3: October 24, 2011

13 Accessory Structure or Use: A detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principle structure or use to which it is related and which is located on the same lot as that of the principle structure or use. Active Outdoor Recreation (land use): See Section 18-57(a). Addition: Any walled and roofed expansion to the perimeter and/or height of a building in which the addition is connected by a common load-bearing wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. Adult-Oriented Land Use (land use): See Section 18-56(q). Advertising Sign (Off-Premises Sign): A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is displayed. Advertising signs include billboards Agricultural Services (land use): See Section 18-63(g). Airport (land use): See Section 18-61(d). Alley: A public or private right-of-way usually of reduced width as compared to a street, primarily intended to provide a secondary means of access to the side or rear of an abutting property fronting upon another street right-of-way and not for the use of through traffic. Animal Unit: A measure which represents a common denominator for the purpose of defining a husbandry or intensive agricultural land use. The animal unit measure relates to the maximum carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. The following figure indicates the number of common farm species which comprise a single animal unit: Type of Livestock # of Animals/ Animal Unit Type of Livestock # of Animals/ Animal Unit Type of Livestock # of Animals/ Animal Unit Horse (>2 yrs) 1 Calves (<1 yr) 5 Lambs 14 Colt (<2 yrs) 2 Brood Sow or Boar 2 Chickens Egg Layers Cattle (>2 yrs) 1 Hogs (up to 220 lbs) 3 Chickens Fryers 60 Cattle (<2 yrs) 2 Sheep 10 Turkeys 50 Source: The Stockman s Handbook Apartment (land use): See Section 18-55(g). Appeal: A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this Chapter as expressly authorized by the provisions of Section Arterial Street: See street, arterial. Artisan Studio (land use): See Section 18-56(c). Artwork: A sculpture, monument, or structure erected solely for aesthetic purposes, which in no way identifies a product or business or is used for commercial purposes. Auxiliary Sign: A sign which provides special information such as price, hours of operation, or warning and which does not include brand names or information regarding product lines or services. It may contain a business logo if the logo is less than one square foot in area. Examples of such signs include no trespassing signs and signs which list prices of gasoline, up to one price listing sign per type of fuel, which must be displayed on a single structure. Average Ground Elevation: The average level of the finished surface of the ground adjacent to the exterior walls of a building or structure. Awning: A shelter projecting from and supported by the exterior wall of a building, constructed of non-rigid materials on a supporting framework. Awning Sign: A type of projecting, on-building sign consisting of a fabric or fabric-like sheathing material. A sign painted or otherwise adhered to an awning. 30 Article 1: Introduction and Definitions 5 Draft #3: October 24, 2011

14 Bed and Breakfast Establishment (land use): See Section 18-56(i). Bedroom: A room in a residence marketed, designed, or otherwise likely to function primarily for sleeping. Boarding House (land use): See Section 18-56(k). Bufferyard: Any permitted combination of distance, vegetation, fencing, and berming which results in a reduction of visual and other interaction with an adjoining property (see Article 11). Building: A structure having a roof and is intended for the shelter, housing, or enclosure of persons, animals, or chattels. Building, Accessory: A building which: (a) Is subordinate to and serves a principal structure or a principal use; (b) Is subordinate in area, extent, and purpose to the principal structure or use served; (c) Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this Chapter; and (d) Is customarily incidental to the principal structure or use. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building. Building Envelope: The space remaining on a lot within which a building may be permitted after the minimum open-space requirements (coverage, yards, parking, setbacks, etc.) have been met. Building Footprint: That portion of a lot area that is covered or proposed to be covered by the foundations, including garages, carports, of the first floor area and floor areas of the floors above the first which extend beyond first floors (cantilevered sections), of a building or structure or proposed building structure. Footprint shall be measured from the exterior faces of all walls, including all cantilevered sections. Cantilevered sections shall not encroach into setback or offset areas. Eaves shall be allowed to encroach into setback and offset areas no more than 18 inches in an effort to encourage their installation and use. Building Front: The exterior wall of a building that faces the front lot line of the lot. Building Height: The vertical distance from the average elevation of the adjoining ground level to the highest point of the cornice of a flat roof or to the average height of the tallest gable on a pitched shed or hip roof. Building, Principal: The building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located. Building Size: The total gross floor area of a building (see maximum building size). Business Sign (On-Premises Sign): A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, offered, or manufactured upon the premises where the sign is located. Bulk (of a building): The combination of building height, size, and location on a lot. Caliper: A measurement of the size of a tree equal to the diameter of its trunk measurement 6-12 feet above grade. Campground: See Section 18-57(a). Candlepower: The amount of light that will illuminate a surface one-foot distant from a light source to an intensity of one foot-candle. The maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source, or luminary. Canopy (Building): A rigid multisided structure covered with fabric, metal, or other material and supported by a building. Canopy (Freestanding): A rigid multisided structure covered with fabric, metal, or other material and supported by columns or posts embedded in the ground. Canopy Tree: Any mature, deciduous tree with branches that form a high foliage crown (canopy) which filters the sun, unifies the area, and provides a dominant feature. These trees are often referred to as shade trees. Carport: An open sided, roofed vehicle shelter usually formed by extension of the roof from the side of a building that meets the building code. Article 1: Introduction and Definitions 6 Draft #3: October 24, 2011

15 Cellar: That portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground. Clear Cutting (land use): See Section 18-63(e). Clear Cutting (activity): (See Section ). The removal or destruction of 30 percent or greater of the trees having a DBH of eight inches or more on a Village lot as determined by the Village Administrator based on historic air photos, tree inventories, SEWRPC determinations and other appropriate records. This approach shall prevent the systematic incremental removal of tree cover. Approval may be granted through approval of a conditional use permit or through planned development zoning. Climax Tree: A tree that would occupy the uppermost canopy of a forest in a natural ecological situation (e.g. hickory, oak, maple, etc). Collector Street: See street, collector. Commercial Animal Boarding (land use): See Section 18-56(m). Commercial Indoor Lodging (land use): See Section 18-56(j). Communication Tower (land use): See Section 18-59(e). Community Character: The impression which an area makes in regard to the type, intensity, density, quality, appearance, and age of development. Community Garden (land use): See Section 18-63(h). Community Information Sign: A permanent sign which may have changeable copy and that is limited to the display of information of interest to the general community regarding scheduled public events and public activities. Community Living Arrangement (land use): See Sections 18-58(e), 18-58(f), and 18-58(g). Comprehensive Plan: The Comprehensive Plan of the Village of Fontana, Wisconsin, and as subsequently amended. Company Cafeteria (land use): See Section 18-64(m). Company On-Site Recreation (land use): See Section 18-64(n). Composting (land use): See Section 18-62(b). Conditional Use: A land use which requires a conditional use permit in order to develop. Crown: The upper mass or head of a tree created by its branches and leaves. Cultivation (land use): See Section 18-63(a). DBH: The diameter at breast height, which, for the purposes of this Chapter, shall be measured at 4 ½ feet above grade on trees of 4 inches in diameter or greater. Dedication: The transfer of property interest from private to public ownership for a public purpose. The transfer may be of fee-simple interest or of a less than fee-simple interest, including an easement. Density: A term used to describe the number of dwelling units per acre. Destroy (tree): To kill or damage irreparably, which shall be deemed to include, but not be limited to, damage inflicted to the root system by machinery, storage of materials and soil compaction, change of natural grade above or below the root system or around the trunk; damage inflicted on the tree permitting fungus, pests or other infestation; excessive pruning or thinning leading to a failure to thrive; paving over the root system with any impervious materials within such proximity as to be fatally harmful to the tree; or application of any toxic substance. Developer: The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development. Directional Sign (off-premises): A sign which indicates only the name, direction, and/or distance of a governmental facility. This definition does not pertain to off-premises advertising signs. Directional Sign (on-premises): A sign which indicates only the name, logo (if under one square foot), and/or direction of a pedestrian or traffic facility, or a particular building within a complex of structures on the property on which said facility or building is located. Distribution Center (land use): See Section 18-61(b). Article 1: Introduction and Definitions 7 Draft #3: October 24, 2011

16 Drip Line: A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than eight feet from the tree trunk, whichever is greater. Duplex (land use): See Section 18-55(d). Dwelling: A building or one or more portions thereof, containing one or more dwelling units, but not including habitations provided in nonresidential uses such as lodging uses and campgrounds. Dwelling, Attached: A dwelling joined to another dwelling at one or more sides by a shared wall or walls. Dwelling, Detached: A dwelling entirely surrounded by open space on the same lot. Dwelling Unit: A room or group of rooms providing or intended to provide permanent living quarters for not more than one family. Easement: Written authorization, recorded in the Register of Deeds office, from a landowner authorizing another party to use any designated part of the land owner s property for a specified purpose. Eave: That portion of the roof line extending beyond the building wall, a canopy attachment on a wall, or the lowest horizontal line on any roof. Eaves may not extend any further than 18 inches into any setback. Essential Services: Facilities that are: (a) Owned or maintained by public utility companies or public agencies (b) Located in public ways or in easements provided for the purpose, or on a customer s premises and not requiring a private right-of-way; (c) Reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication, or similar services to adjacent customers; and (d) Not including any cross-country line on towers. Existing Residential (land use): See Section 18-55(l) Expanded Home Occupation (land use): See Section 18-64(b). Exterior Communications Device (land use): See Section 18-64(s). Exterior Lighting: An outdoor artificial illuminating device, whether permanent or portable, used for illumination or advertisement, including general lighting fixtures, searchlights, spotlights and floodlights, whether for architectural lighting, parking lot lighting, landscape lighting, signage, or other purposes. Extraction (land use): See Section 18-62(a). Extraterritorial Area: The area outside of the Village limits in which the Village of Fontana may exercise extraterritorial powers of planning, land division, and/or zoning review. Façade: The entire building front including the parapet. Family: An individual, or two or more persons, each related by blood, marriage, or adoption or guardianship, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household in which bathrooms, kitchen facilities, and living quarters are shared. Family Daycare Home (land use): See Section 18-64(c). Farm Building: Any building, other than a dwelling unit, used for storing agricultural equipment or farm produce or products, having livestock or poultry, or processing dairy products. Farm Residence (land use): See Section 18-64(g). Farmer s Market (land use): See Section 18-65(h). Floor Area Ratio (FAR): The ratio calculated by dividing the total floor area of all buildings on a site by the gross site area (see maximum floor area ratio). Foot-Candle: A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle. Franchise: A type of retail sales establishment, restaurant, tavern, bar, or take-out food establishment which is under common ownership or control or is a franchise, and is one of 14 or more other businesses or establishments worldwide maintaining three or more of the following features: (a) Standardized menu or standardized array of merchandise with 50% or more of in-stock merchandise from a single distributor bearing uniform markings. Article 1: Introduction and Definitions 8 Draft #3: October 24, 2011

17 (b) (c) (d) Trademark or service mark, defined as a word, phrase, symbol or design, or a combination or words, phrases, symbols of designs that identifies and distinguishes the source of the goods from one party from those of others, on products or as part of store design. Standardized color scheme used throughout the interior or exterior of the establishment. Standardized uniform including but not limited to aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags). Freestanding Sign: A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground. This type of sign includes monument signs. Freight Terminal (land use): See Section 18-61(c). Garage (Residential): A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers, or one truck of a rated capacity not in excess of ten thousand (10,000) pounds. Garages do not include temporary enclosures. Garage or Estate Sale (land use): See Section 18-65(g). Gate Show: An event generally held at a resort hotel (see Section 18-56(r)) wherein non-overnight guests of the resort hotel are permitted to attend. Glare: The brightness of a light source which causes eye discomfort. Grade, Established: The elevation of the finished street at the centerline or curb as fixed by the engineer or by such authority as shall be designated by law to determine such elevation. Gross Density: The result of dividing the number of dwelling units located on a site by the gross site area (see maximum gross density). Gross Floor Area (GFA): The total floor area on all levels of a building. Gross Site Area (GSA): The total area of a site available for inclusion in calculations of the maximum permitted density or intensity of development. Ground Floor: As defined by the Uniform Dwelling Code, ground floor is the level of a dwelling, below the first floor, located on a site with a sloping or multilevel grade and which has a position portion of its floor line at grade. Group Daycare Center (land use): See Section 18-56(l). Group Development: See Section Group Sign. A sign displaying the collective name of a group of uses such as the title of a shopping center, office park, or industrial park and its tenants. Heavy Industrial (land use): See Section 18-59(b). Height: See building height. Home Occupation (land use): See Section 18-64(a). Husbandry (land use): See Section 18-63(b). Identification Sign: A sign indicating the name and/or address of the project, property owner, tenant and/or manager of the property, address, name, and phone number of the property manager. Illuminated Sign: A sign that is artificially lighted internally. Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes all surfaces such as compacted sand, limerock, or clay as well as most conventionally surfaced streets, roofs, sidewalks, driveways, parking lots, or parking spaces, and other similar structures, including appurtenances and protrusions, such as, but not limited to, eaves, decks, balconies, stairways, porches, and bay windows; all either at grade level or above. Impervious Surface Ratio: A measure of the intensity of land use, determined by dividing the total of all impervious surfaces on a site by the gross site area. Incidental Indoor Sales (land use): See Section 18-64(p). Incidental Light Industrial (land use): See Section 18-64(q). Incidental Outdoor Display (land use): See Section 18-64(o). Incidental Recreational Equipment Storage (land use): See Section 18-64(w). Article 1: Introduction and Definitions 9 Draft #3: October 24, 2011

18 Indoor Entertainment (land use): See Section 18-56(f). Indoor Food Production (land use): See Section 18-59(d). Indoor Institutional (land use): See Section 18-58(a). Indoor Maintenance Service (land use): See Section 18-56(n). Indoor Sales or Service (land use): See Section 18-56(d). Indoor Storage and Wholesaling (land use): See Section 18-60(a). In-Home Suite (land use): See Section 18-64(e). Institutional Residential (land use): See Section 18-58(d). Intensive Agricultural (land use): See Section 18-63(f). Intensive Outdoor Recreation (land use): See Section 18-57(d). Intensity: A term used to describe the amount of gross floor area (GFA) or landscaped area on a lot or site compared to the gross site area (GSA) of the lot or site. Intermediate Daycare Home (land use): See Section 18-64(d). In-Vehicle Sales or Service (land use): See Section 18-56(h). Lake-Related Recreation (land use): See Section 18-57(e). Lakeshore: Those lands lying within the following distances from the ordinary high water mark of navigable waters: (a) 1,000 feet from a lake, pond, or flowage. (b) (c) 300 feet from a river, stream, or to a landward side of the floodplain, whichever distance is greater. Lakeshores shall not include those lands adjacent to farm drainage ditches where such lands are not adjacent to a navigable stream or river; those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching or had no previous stream history; and such lands are maintained in non-structural agricultural use. Landmark Tree: Any tree so designated by the park commission or the tree board for its natural beauty, majestic stature, historical significance, location, memorial designation or other qualities deemed appropriate. Landscaped Area: The area of a site which is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes, and trees. The landscaped area includes the area located within planted and continually maintained landscaped planters. Landscape Surface Area Ratio (LSR): The percentage of the gross site area or lot area which is preserved as permanently protected landscaped area. Land Use: The type of development and/or activity occurring on a piece of property. Large Development: See Section Large Solar Energy System (land use): See Section 18-59(f). Large Wind Energy System (land use): See Section 18-59(g). Light Industrial (land use): See Section 18-59(a). Lot: A parcel of contiguous land, with described boundaries and abutting a public street or other officially approved means of access but exclusive of any land lying in public or private street rights-of-way or easements, public streams, or public water bodies. Where a public right-of-way, public stream, or public water body divides a single described parcel into two or more parts, such severed parts shall be considered separate individual lots, except that such severed parcels do not individually meet the lot size regulations of this Chapter and have been described as a single lot of record in order to permit building development, they shall continue to be treated as a single lot for regulatory purposes under this Chapter. Lot Area: The area of land within the boundaries of the described lot exclusive of public streams or public water bodies or land provided for private or public streets as defined herein. 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 side. Lot Depth: The average distance between the front lot line and the rear lot line of a lot. Article 1: Introduction and Definitions 10 Draft #3: October 24, 2011

19 Lot Frontage: Lot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured, and the minimum lot width required by this Chapter shall be provided at each such line. Lot, Interior: A lot other than a corner lot. Lot Line: A lot line is the property line (including the vertical plane established by the line and the ground) bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this Chapter. Lot Line, Front: A lot line which abuts a public or private street right-of-way. In the case of a lot which has two of more street frontages, the lot line along the street from which the house is addressed shall be the front lot line. (See also lot line, street side). Lot Line, Rear: In the case of rectangular or most trapezoidal shaped lots, that lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots which have frontage on more than one road or street, the rear lot line shall be selected by the property owner. Lot Line, Side: Any boundary of a lot which is not a front lot line, a street side lot line, or a rear lot line. Lot of Record: A platted lot or lot described in a certified survey map or in a metes and bounds description which has been approved by the Village or by Walworth County, and has been recorded in the office of the Register of Deeds. Lot, Through: A lot which has a pair of opposite lot lines abutting two substantially parallel streets (one or more of which may be a portion of a cul-de-sac). Except for through lots which abut an arterial or nonresidential collector street, through lots shall be prohibited under the provisions of this Chapter. Lot Width: The maximum horizontal distance between the side lot lines of a lot, measured parallel to the front lot lines and at the rear of the required front yard (see minimum lot width). Lowest Floor: The lowest enclosed floor of a building, including the basement. Any unfinished or flood resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building s lowest floor, provided that such enclosed area is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter. Market Garden (land use): See Section 18-63(i). Marquee Sign: A type of projecting, on-building sign sheltering the entrance and/or entrance approaches of a theater, auditorium, fairground, museum or other similar use, which advertises present and scheduled events. Maximum Accessory Building Coverage: The largest permitted area of all accessory buildings on a lot. Maximum Building Size (MBS): The largest permitted total gross floor area a building may contain (see building size). Maximum Floor Area Ratio (FAR): The largest amount of floor area permitted on a lot (see floor area ratio). Maximum Gross Density (MGD): The maximum number of dwelling units permitted per acre of gross site area (see gross site area). Maximum Height: The maximum height of the highest portion of any structure (see building height). Maximum Lot Area Coverage (MLAC): The area of a lot that is covered by impervious surfaces as defined in all structures, including appurtenances and protrusions, such as, but not limited to, eaves, decks, balconies, stairways, porches, and bay windows; all either at grade level or above. Menu Board Sign: A sign with no more than two faces that are adjoined at the top and displayed at an angle, which is not permanently anchored or secured, for the purpose of promoting daily and/or temporary messages, which is only displayed during open business hours and removed daily. Usually with a chalkboard or dry erase sign face surface. Migrant Employee Housing (land use): See Section 18-64(h). Minimum Building Separation: The narrowest distance permitted between two buildings. Article 1: Introduction and Definitions 11 Draft #3: October 24, 2011

20 Minimum Floor Elevation: The lowest elevation permissible for the construction, erection, or other placement of any floor, including a basement floor. Minimum Landscape Surface Ratio (LSR): The lowest permitted landscape surface ratio (see landscape surface ratio). Minimum Lot Area: The minimum size lot permitted within the specified zoning district. Minimum Lot Width: The mean horizontal distance between the side lot lines of a lot, measured within the lot boundary. Minimum Setback: The narrowest distance permitted from a street, side, or rear property line to a structure. Minimum Street Frontage: The distance along the street from one side property line to the other. Minor Structures: Structures not requiring a building permit (e.g. swing set, clothesline, etc.). Mixed Use: Some combination of residential, commercial, industrial, office, institutional, and/or other land uses within a district or development. Mixed Use Dwelling (land use): See Section 18-55(k). Mobile Home (land use): See Section 18-55(h). Mobile Home Park (land use): See Section 18-55(j). Mobile Home Subdivision (land use): See Section 18-55(i). Mobile Sign: A sign mounted on a frame or chassis designed to be easily relocated, including vehicles and/or trailers whose principal commercial use is for signage. Monument Sign: A type of freestanding sign whose bottom edge is located within one foot of a groundmounted pedestal and whose top edge is located no more than six feet high. Multiplex (land use): See Section 18-55(f). Municipal Water Supply: The municipal water supply of the Village of Fontana. Net Developable Area (NDA): The area of a site which may be disturbed by development activity. Net developable area is the result of subtracting required resource protection area (RPA) from the gross site area (GSA). Nonconforming Building or Structure: Any building or other structure which was lawfully existing under ordinances or regulations preceding this Chapter, but which would not conform to this Chapter if the building or structure were to be erected under the provisions of this Chapter. Nonconforming Development: A lawful development approved under ordinances or regulations preceding the effective date of this Chapter, but which would not conform to this Chapter if the development were to be created under the current provisions of this Chapter. Nonconforming Use: An active and actual use of land, buildings, or structures which was lawfully existing prior to the enactment of this Chapter, which has continued as the same use to the present, and which does not comply with all the applicable regulations of this Chapter. Noxious Matter or Materials: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. Office (land use): See Section 18-56(a). Official Map: The map adopted and designated by the Village as being the Official Map pursuant to Section 66.23(6) Wis. Stats. which shows current and proposed municipal improvement sites and rights of way. Official Zoning Map: The map adopted and designated by the Village as being the Official Zoning Map. Off-Site Parking (land use): See Section 18-61(e). On-site: Located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole. On-Site Agricultural Retail (land use): See Section 18-63(c). On-Site Parking (land use): See Section 18-64(l). Article 1: Introduction and Definitions 12 Draft #3: October 24, 2011

21 Opacity: The degree to which vision is blocked by bufferyard. Opacity is the proportion of a bufferyard s vertical plane which obstructs views into an adjoining property. Open For Business Sign: A temporary sign that conveys a new business is open message. Open Sign: A sign depicting the word open which includes no other logos, pictures or words. Outdoor Entertainment (land use): See Section 18-56(g). Outdoor Display (land use): See Section 18-56(e). Outdoor Institutional (land use): See Section 18-58(b). Outdoor Maintenance Service (land use): See Section 18-56(o). Outdoor Storage and Wholesaling (land use): See Section 18-60(b). Overlay Zoning District: A zoning district which imposes uniform restrictions on all properties within its area which are in addition to the restrictions specific to the standard zoning districts. Owner: The person, persons, or entity having the right of legal title to a lot or parcel of land. Parapet: The extension of a false front or wall above the roofline. Parcel: The area within the boundary lines of a lot. Passive Outdoor Recreation (land use): See Section 18-57(b). Performance Standard: Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. Permanently Protected Green Space: An area in which site disruption and/or development is strictly limited. Personal Greeting and Congratulatory Sign: A temporary sign that is limited to a non-commercial, personal greeting or message used to announce, congratulate, or greet members of a family or work staff. Personal or Professional Service (land use): See Section 18-56(b). Personal Storage Facility (land use): See Section 18-60(c). Planned Development: A planned development is a designed grouping of varied and compatible land uses, such as housing, recreation, commercial, and industrial parks, all within one contained development or subdivision. Porch: A covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Portable Storage Container: A portable, weather-resistant storage container designed and used for the temporary storage or shipment of materials, household goods, wares, or merchandise. Principal Building: See building, principal. Principal Use: Any and all of the primary uses of a property treated as a use permitted by right or as a conditional use (rather than as an accessory use or a temporary use). Production Greenhouse (land use): See Section 18-59(c). Projecting Sign: A type of on-building sign, other than a wall sign, that is attached to and projects more than one foot, generally perpendicular from a structure or building face. Public Improvement: Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs, such as: streets, roads, alleys, or pedestrian walks or paths; storm sewers; flood control improvements; water supply and distribution facilities; sanitary sewage disposal and treatment; and public utility and energy services. Public Services and Utilities (land use): See Section 18-58(c). Pylon Sign: A type of freestanding sign whose bottom edge is located more than one foot above a groundmounted pedestal or whose top edge is located more than 6 feet high (see monument sign). Railroad right of way: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards. Recorded Lot: See lot of record. Article 1: Introduction and Definitions 13 Draft #3: October 24, 2011

22 Recycling and Waste Disposal (land use): See Section 18-62(c). Residential Garage or Shed (land use): See Section 18-64(i). Residential Recreational Facility (land use): See Section 18-64(j). Residential Kennel or Stable (land use): See Section 18-64(k). Resort Hotel (land use): See Section 18-56(r). Resource Protection Area (RPA): The area of a site which may not be disturbed by development activity and which must also be reserved as permanently protected green space. The required resource protection area is the result of subtracting the net developable area (NDA) from the gross site area (GSA). Restrictive, More (Less): A regulation imposed by this Chapter is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specifications. Salvage or Junkyard (land use): See Section 18-62(d). Selective Cutting (land use): See Section 18-63(d). Septic System (land use): See Section 18-64(t). Setback: The shortest distance between the exterior of a building or structure and the nearest point on the referenced lot line (see minimum setback). Shielded: A fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected at least 15 degrees below a horizontal plane running through the lowest point on the fixture where light is emitted. Shore Yard Setback: The minimum distance between the ordinary high water mark and the surface of the closest exterior wall for both principal and accessory structures. Sign: A sign is any object, device, display, structure, or part thereof, situated outdoors or within a window and in view of the general public, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, logos, symbols, fixtures, or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state, city, religious, fraternal, or civic organization; also merchandise and pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields. Building colors and outline lighting which do not convey a logo or message specific to the use (as determined by the Zoning Administrator) are not considered signs. Single-Family (land use): See Section 18-55(a). Site Area: See gross site area. Small Solar Energy System (land use): See Section 18-64(u). Small Wind Energy System (land use): See Section 18-64(v). Solid Fence: Any fence which cannot be seen through. Such fences include basket-weave fences, stockade fences, plank fences, and similar fences. Standard Zoning Districts: Zoning districts which primarily regulate the use of land and intensity or density of such use. Steep Slope: Steep slopes are areas which contain a gradient of 12 percent or greater. Stormwater Facilities (land use): See Section 18-64(r). Story: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. Neither a basement nor a cellar shall be counted as a story. Street: Unless specifically designated otherwise by the Village, any public or private way that is dedicated or permanently open to pedestrian and vehicular use. Street, Arterial: Street which provides primary access to and through an area. Street, Collector: Street which disperses traffic throughout an area. Street, Local: Street which provides access to individual properties. Article 1: Introduction and Definitions 14 Draft #3: October 24, 2011

23 Substandard Lot: A lot of record which lawfully existed prior to this Chapter, which would not conform to the applicable regulations if the lot were to be created under the current provisions of this Chapter. Swale: A linear depression in land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse. Temporary Construction Storage (land use): See Section 18-65(e). Temporary Farm or Product Sales (land use): See Section 18-65(a). Temporary Outdoor Assembly (land use): See Section 18-65(c). Temporary Outdoor Sales (land use): See Section 18-65(b). Temporary Relocatable Building (land use): See Section 18-65(f). Temporary Sign: A sign or advertising display (including festoons, pennants, banners, pinwheels, and similar devices) intended to be displayed for a certain period of time. Included in the definition of temporary signs are retailers signs temporarily displayed for the purpose of informing the public of a sale or special offer. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be considered as temporary. A mobile or portable sign shall not be considered a temporary sign or used for such a purpose. Temporary Storage Container (land use): See Section 18-65(d). Temporary Use: A land use which is present on a property for a limited and specified period of time. Topping: The specific reduction in the overall size of a tree and/or the cutting back of branches or limbs to such a degree so as to remove the normal canopy and disfigure the tree. Tourist Rooming House (land use): See Section 18-56(s). Townhouse (land use): See Section 18-55(e). Transit Center or Park and Ride (land use): See Section 18-61(a). Tree: Any woody plant with a main stem or multiple stems with branches protruding above the root flare. Tree Canopy: The upper and outermost points of a tree created by the tree's crown. Tree Diameter: The diameter of a tree measured at a point on the tree four feet above grade. See "DBH." Tree Island: In parking lot design, built-up structures, usually curbed, placed at the end of parking rows to be used for landscaping and also for guiding traffic, signing, and lighting. Twin House (land use): See Section 18-55(c). Two-Flat (land use): See Section 18-55(b). Use: The purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained. Variance: Permission to depart from the literal requirements of this Chapter, granted pursuant to Section Vehicle Sales (land use): See Section 18-56(p). Village Staff: The persons authorized and charged by the Village with the administration of certain sections of this Ordinance. Village staff includes the Village Administrator, Village Clerk, Director of Public Works, Building Inspector, Village Attorney, Village Engineer, and Village Planner. Wall Sign: A type of on-building sign mounted parallel to a building facade or other vertical building surface. Signs painted on, or affixed to, the exterior of a window are considered and shall count as a type of wall sign. Well Field: A piece of land used primarily for the purpose of locating wells to supply a municipal water system. Window Sign: A sign that is located on or inside a window of a building and designed to be viewed through the window. Woodland: Areas of trees whose combined canopies cover a minimum of 80 percent of an area of one acre or more, as shown on USGS 7.5 minute topographic maps for the Village of Fontana and its environs. Yard: Required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this Chapter. A yard shall extend along a lot line and Article 1: Introduction and Definitions 15 Draft #3: October 24, 2011

24 at right angles to such lot line to a depth or width specified in the setback regulations for the district in which such lot is located. Yard, Front: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the setback regulations for the district in which such lot is located. Yard, Rear: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the setback regulations for the district in which such lot is located. Yard, Shore: See Lakeshore. Yard, Side: A yard extending along the side lot line between the front and rear yards, having a width as specified in the setback regulations for the district in which such lot is located. Zero-Lot Line Structure: A structure that is built on the property line, such as a twin house, townhouse, or downtown unit. Zoning Administrator: The person authorized and charged by the Village with the administration of this Chapter. Sections through 18-19: Reserved Article 1: Introduction and Definitions 16 Draft #3: October 24, 2011

25 ARTICLE 2: ZONING DISTRICTS Section 18-20: Purpose The area located within the jurisdiction of this Chapter is hereby divided into zoning districts of such number as is necessary to achieve compatibility of land uses within each district, to implement the Village of Fontana Comprehensive Plan, and to achieve the other purposes of this Chapter. Section 18-21: Standard Zoning Districts For the purpose of this Chapter, all areas within the jurisdiction of this Chapter are hereby divided into the following standard zoning districts. Abbreviation Zoning District Agricultural Districts AH-35 Agricultural Holding (Section 18-27) Residential Districts LR-0 Lakefront Residential (Section 18-28) SR-1 Exurban Residential (Section 18-29) SR-2 Estate Residential (Section 18-30) SR-4 Neighborhood Residential (Section 18-31) SR-5 Village Residential (Section 18-32) AR-6 Attached Residential (Section 18-33) MR-8 Small Multi-Family Residential (Section 18-34) MR-12 Large Multi-Family Residential (Section 18-35) Institutional Districts IN Institutional (Section 18-36) Commercial Districts NB Neighborhood Business (Section 18-37) VC Village Center (Section 18-38) CB Community Business (Section 18-39) RB Resort Business (Section 18-40) OP Office Park (Section 18-41) Industrial Districts RP Research Park (Section 18-42) Planned Development District PD Planned Development (Section 18-43) Article 2: Zoning Districts 17 Draft #3: October 24, 2011

26 Section 18-22: Map of Standard Zoning Districts Zoning districts established by this Chapter are shown on the Official Zoning Map of the Village of Fontana, which together with all explanatory materials thereon, is hereby made part of this Chapter. Section 18-23: Interpretation of Zoning District Boundaries The following rules shall be used to determine the precise location of any zoning district boundary shown on the Official Zoning Map of the Village of Fontana: (a) Zoning district boundaries shown as following or approximately following the limits of any village, city, town, or county boundary shall be construed as following such limits. (b) Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the centerline of such streets or railroad lines. (c) Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the Village of Fontana or Walworth County tax maps shall be construed as following such lines. (d) (e) (f) (g) Zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerlines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline. Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines. Zoning district boundaries shown as separated from any of the features listed in paragraphs (a) through (e), above, shall be construed to be at such distances therefrom as are shown on the Official Zoning Map. Where any uncertainty exists as to the exact location of a zoning district boundary line as shown on the Official Zoning Map, the location of the line shall be determined by the Zoning Administrator. Section 18-24: Description and Purpose of Zoning Districts Sections through describe and specify the purpose of each standard zoning district established by this Chapter; establish principal, accessory, and temporary uses permitted by right or as conditional uses; establish bulk, density, and intensity standards; and reference other applicable regulations within the Village s Municipal Code. Land use definitions and regulations are provided in Article 3. Section includes a Table of Land Uses indicating which land uses are allowed in each zoning district, and whether they are permitted by right, by conditional use, as accessory uses, or as temporary uses. Sections to 18-26: Reserved Article 2: Zoning Districts 18 Draft #3: October 24, 2011

27 Section 18-27: Agricultural Holding (AH-35) District (a) (b) (c) Description and Purpose. The AH-35 district is intended to preserve the character of lands in agricultural or open space uses. The standards for this district permit very low density development of 1 dwelling unit for every 35 gross acres. The AH-35 district shall serve as a holding zoning which permits agriculture as an interim land use that will easily permit further development (with rezoning to another district) at the appropriate time. Principal Land Uses Permitted by Right. (1) Single-Family (35 acre lot) (see Section 18-55(a)) (2) Passive Outdoor Recreation (see Section 18-57(b)) (3) Active Outdoor Recreation (see Section 18-57(c)) (4) Public Services and Utilities (see Section 18-58(c)) (5) Community Living Arrangement (1-8 Residents) (see Section 18-58(d)) (6) Composting (see Section 18-62(d)) (7) Cultivation (see Section 18-63(a)) (8) On-Site Agricultural Retail (see Section 18-63(c)) (9) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Single-Family (40,000 sq. ft. lot) (see Section 18-55(a)) (2) Mobile Home (see Section 18-55(h)) (3) Mobile Home Subdivision (see Section 18-55(i)) (4) Mobile Home Park (see Section 18-55(j)) (5) Outdoor Entertainment (see Section 18-56(g)) (6) Bed and Breakfast Establishment (see Section 18-56(i)) (7) Commercial Animal Boarding (see Section 18-56(m)) (8) Adult-Oriented Land Use (see Section 18-56(q)) (9) Campground (see Section 18-57(a)) (10) Intensive Outdoor Recreation (see Section 18-57(d)) (11) Outdoor Institutional (see Section 18-58(b)) (12) Production Greenhouse (see Section 18-59(c)) (13) Indoor Food Production (see Section 18-59(d)) (14) Communication Tower (see Section 18-59(e)) (15) Large Solar Energy System (see Section 18-59(f)) (16) Large Wind Energy System (see Section 18-59(g)) (17) Indoor Storage and Wholesaling (see Section 18-60(a)) (18) Outdoor Storage and Wholesaling (see Section 18-60(b)) (19) Airport (see Section 18-61(d)) (20) Extraction (see Section 18-62(a)) (21) Recycling and Waste Disposal (see Section 18-62(c)) (22) Husbandry (see Section 18-63(b)) (23) Clear Cutting (see Section 18-63(e)) (24) Intensive Agricultural (see Section 18-63(f)) (25) Agricultural Services (see Section 18-63(g)) (26) Community Garden (see Section 18-63(h)) (27) Market Garden (see Section 18-63(i)) Article 2: Zoning Districts 19 Draft #3: October 24, 2011

28 (d) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) In-Home Suite (see Section 18-64(e)) (4) Accessory Dwelling Unit (see Section 18-64(f)) (5) Farm Residence (see Section 18-64(g)) (6) Residential Garage or Shed (see Section 18-64(i)) (7) Residential Recreational Facility (see Section 18-64(j)) (8) On-Site Parking (see Section 18-64(l)) (9) Stormwater Facilities (see Section 18-64(r)) (10) Exterior Communications Device (see Section 18-64(s)) (11) Incidental Recreational Equipment Storage (see Section 18-64(w)) (e) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (3) Migrant Employee Housing (see Section 18-64(h)) (4) Residential Kennel or Stable (see Section 18-64(k)) (5) Incidental Outdoor Display (see Section 18-64(o)) (6) Septic System (see Section 18-64(t)) (7) Small Solar Energy System (see Section 18-64(u)) (8) Small Wind Energy System (see Section 18-64(v)) (f) Permitted Temporary Uses. (1) Temporary Farm Product Sales (see Section 18-65(a)) (2) Temporary Outdoor Sales (see Section 18-65(b)) (3) Temporary Outdoor Assembly (see Section 18-65(c)) (4) Temporary Storage Container (see Section 18-65(d)) (5) Temporary Construction Storage (see Section 18-65(e)) (6) Temporary Relocatable Building (see Section 18-65(f)) (7) Garage or Estate Sale (Auction) (see Section 18-65(g)) (g) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. (h) Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying AH-35 district. Where AH-35 and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (j) Landscaping Regulations. Single-family and agricultural land uses are exempt from landscaping requirements. All other land uses in the AH-35 zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the AH-35 zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or by any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the AH-35 zoning district are detailed in Figure 18-27, below. Article 2: Zoning Districts 20 Draft #3: October 24, 2011

29 Figure 18-27: Density, Intensity, and Bulk Regulations in the AH-35 District Density and Intensity Requirements See Article 4 for additional requirements Minimum Lot Area Maximum Gross Density Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback 35 acres, or between 40,000 and 100,000 square feet with a conditional use permit * 1 dwelling unit per 35 acres 30 percent 50 percent 150 feet 75 feet See Article 5 for additional requirements 30 feet Minimum Shore Yard Setback 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. Minimum Interior Side Setback 15 feet Minimum Rear Setback 30 feet Minimum Pavement Setback (lot line to 5 feet pavement; excludes driveway entrances) Maximum Principal Building Height 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structures Refer to Section 18-52(b) for additional requirements 10 feet 5 feet (less than 200 square foot structure); 10 feet (more than Accessory Interior Side and Rear Setback 200 foot structure) Maximum Building Height 20 feet * For lots less than 35 acres, a conditional use permit shall require the remainder of 35 acres for each proposed dwelling unit to be deed restricted with a conservation easement prohibiting subsequent development of additional principal structures unless rezoned for higher density development. Article 2: Zoning Districts 21 Draft #3: October 24, 2011

30 Section 18-28: Lakefront Residential (LR-0) District (a) (b) (c) (d) (e) (f) (g) (h) (i) Description and Purpose. The LR-0 district is intended to preserve the character of existing, fullydeveloped lakefront neighborhoods. The standards for this district are intended to maintain the existing density while providing flexibility to homeowners for home renovations. Principal Land Uses Permitted by Right. (1) Existing Residential (see Section 18-55(l)) (2) Community Living Arrangement (1-8 Residents) (see Section 18-58(e)) (3) Cultivation (see Section 18-63(a)) (4) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Indoor Institutional (see Section 18-58(a)) (2) Outdoor Institutional (see Section 18-58(b)) (3) Public Services and Utilities (see Section 18-58(c)) (4) Clear Cutting (see Section 18-63(e)) (5) Community Living Arrangement (9-15 Residents) (see Section 18-58(f)) Accessory Land Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) In-Home Suite (see Section 18-64(e)) (4) Residential Garage or Shed (see Section 18-64(i)) (5) Residential Recreational Facility (see Section 18-64(j)) (6) On-Site Parking (see Section 18-64(l)) (7) Stormwater Facilities (see Section 18-64(r)) (8) Exterior Communications Device (see Section 18-64(s)) (9) Incidental Recreational Equipment Storage (see Section 18-64(w)) Accessory Land Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (3) Accessory Dwelling Unit (see Section 18-64(f)) (4) Residential Kennel or Stable (see Section 18-64(k)) (5) Small Solar Energy System (see Section 18-64(u)) (6) Small Wind Energy System (see Section 18-64(v)) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(d)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) Lake Access. No lot in this district shall by deed, covenant, easement, or other device or agreement provide for right of access to Geneva Lake by other than the owner or legal occupant of the lot and his guests, except in the case of a public park or way, public utility easement. Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts Article 2: Zoning Districts 22 Draft #3: October 24, 2011

31 in addition to those of the underlying LR-0 district. Where LR-0 and overlay district requirements conflict, the more restrictive requirements shall prevail. (j) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. Group and large developments (see Section ) are not permitted in the LR-0 district. (k) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the LR-0 zoning district shall comply with applicable provisions of Article 11. (l) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (m) Performance Standards. All allowed uses in the LR-0 zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (n) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the LR-0 zoning district are detailed in Figure Figure 18-28: Density, Intensity, and Bulk Regulations in the LR-0 District Density and Intensity Requirements Minimum Lot Area Maximum Gross Density Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback Minimum Shore Yard Setback Minimum Interior Side Setback Minimum Rear Setback Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) Maximum Principal Building Height See Article 4 for additional requirements Varies to allow the current lot area for each lot as of effective date of this Chapter Varies to allow the current gross density for each lot as of effective date of this Chapter (as determined by Zoning Administrator) 25 percent 40 percent Varies to allow current as of effective date of this Chapter Varies to allow current as of effective date of this Chapter See Article 5 for additional requirements 25 feet 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 20 feet 25 feet 5 feet 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet (less than 200 square foot structure); 10 feet (more than 200 foot structure) 18 feet Article 2: Zoning Districts 23 Draft #3: October 24, 2011

32 Section 18-29: Exurban Residential (SR-1) District (a) (b) (c) (d) (e) (f) (g) (h) Description and Purpose. The SR-1 district is intended to accommodate areas of low-density, singlefamily neighborhoods often served by well and septic systems, existing as of the effective date of this Chapter. Density and intensity standards for this district are designed to ensure that the existing character of areas designated SR-1 are protected and preserved. Principal Land Uses Permitted by Right. (1) Single-Family (30,000 sq. ft. lot) (see Section 18-55(a)) (2) Passive Outdoor Recreation (see Section 18-57(b)) (3) Active Outdoor Recreation (see Section 18-57(c)) (4) Public Services and Utilities (see Section 18-58(c)) (5) Community Living Arrangement (1-8 Residents) (see Section 18-58(e)) (6) Cultivation (see Section 18-63(a)) (7) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Bed and Breakfast Establishment (see Section 18-56(i)) (2) Community Living Arrangement (9-15 Residents) (see Section 18-58(f)) (3) Clear Cutting (see Section 18-63(e)) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) In-Home Suite (see Section 18-64(e)) (4) Residential Garage or Shed (see Section 18-64(i)) (5) Residential Recreational Facility (see Section 18-64(j)) (6) On-Site Parking (see Section 18-64(l)) (7) Stormwater Facilities (see Section 18-64(r)) (8) Exterior Communications Device (see Section 18-64(s)) (9) Incidental Recreational Equipment Storage (see Section 18-64(w)) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (3) Accessory Dwelling Unit (see Section 18-64(f)) (4) Residential Kennel or Stable (see Section 18-64(k)) (5) Septic System (see Section 18-64(t)) (6) Small Solar Energy System (see Section 18-64(u)) (7) Small Wind Energy System (see Section 18-64(v)) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(d)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts Article 2: Zoning Districts 24 Draft #3: October 24, 2011

33 in addition to those of the underlying SR-1 district. Where SR-1 and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (j) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the SR-1 zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the SR-1 zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the SR-1 zoning district are detailed in Figure Figure 18-29: Density, Intensity, and Bulk Regulations in the SR-1 District Density and Intensity Requirements Minimum Lot Area Maximum Gross Density Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback Minimum Shore Yard Setback Minimum Interior Side Setback Minimum Rear Setback Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) Maximum Principal Building Height See Article 4 for additional requirements 30,000 square feet 1 dwelling unit per acre 25 percent 30 percent 100 feet 50 feet See Article 5 for additional requirements 25 feet 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 20 feet 20 feet 5 feet 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet (less than 200 square foot structure); 10 feet (more than 200 foot structure) 18 feet Article 2: Zoning Districts 25 Draft #3: October 24, 2011

34 Section 18-30: Estate Residential (SR-2) District (a) (b) (c) (d) (e) (f) (g) (h) Description and Purpose. This district is intended to provide high-quality single-family residential neighborhoods at a density of about two dwellings per acre. Density and intensity standards for this district are designed to ensure that the existing character of areas designated as SR-2 shall be protected and preserved. Principal Land Uses Permitted by Right. (1) Single-Family (15,000 sq. ft.) (see Section 18-55(a)) (2) Passive Outdoor Recreation (see Section 18-57(b)) (3) Active Outdoor Recreation (see Section 18-57(c)) (4) Public Services and Utilities (see Section 18-58(c)) (5) Community Living Arrangement (1-8 Residents) (see Section 18-58(e)) (6) Cultivation (see Section 18-63(a)) (7) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Bed and Breakfast Establishment (see Section 18-56(i)) (2) Community Living Arrangement (9-15 Residents) (see Section 18-58(f)) (3) Clear Cutting (see Section 18-63(e)) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) In-Home Suite (see Section 18-64(e)) (4) Residential Garage or Shed (see Section 18-64(i)) (5) Residential Recreational Facility (see Section 18-64(j)) (6) On-Site Parking (see Section 18-64(l)) (7) Stormwater Facilities (see Section 18-64(r)) (8) Exterior Communication Device (see Section 18-64(s)) (9) Incidental Recreational Equipment Storage (see Section 18-64(w)) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (3) Accessory Dwelling Unit (see Section 18-64(f)) (4) Small Solar Energy System (see Section 18-64(u)) (5) Small Wind Energy System (see Section 18-64(v)) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(e)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying SR-2 district. Where SR-2 and overlay district requirements conflict, the more restrictive requirements shall prevail. Article 2: Zoning Districts 26 Draft #3: October 24, 2011

35 (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (j) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the SR-2 zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the SR-2 zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the SR-2 zoning district are detailed in Figure Figure 18-30: Density, Intensity, and Bulk Regulations in the SR-2 District Density and Intensity Requirements Minimum Lot Area Maximum Gross Density Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback Minimum Shore Yard Setback Minimum Interior Side Setback Minimum Rear Setback Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) Maximum Principal Building Height See Article 4 for additional requirements 15,000 square feet 2 dwelling units per acre 25 percent 40 percent 90 feet 50 feet See Article 5 for additional requirements 25 feet 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 15 feet 15 feet 5 feet 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structure Accessory Interior Side and Rear Setback Maximum Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet (less than 200 square foot structure); 10 feet (more than 200 foot structure) 18 feet Article 2: Zoning Districts 27 Draft #3: October 24, 2011

36 Section 18-31: Neighborhood Residential (SR-4) District (a) (b) (c) (d) (e) (f) (g) (h) Description and Purpose. This district is intended to permit development which has a moderate density of about four dwelling units per acre. Density and intensity standards for this district are designed to ensure that the existing unique character of areas designated as SR-4 shall be protected and preserved. Principal Land Uses Permitted by Right. (1) Single-Family (10,000 sq. ft.) (see Section 18-55(a)) (2) Passive Outdoor Recreation (see Section 18-57(b)) (3) Active Outdoor Recreation (see Section 18-57(c)) (4) Public Service and Utilities (see Section 18-58(c)) (5) Community Living Arrangement (1-8 Residents) (see Section 18-58(e)) (6) Cultivation (see Section 18-63(a)) (7) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Bed and Breakfast Establishment (see Section 18-56(i)) (2) Community Living Arrangement (9-15 Residents) (see Section 18-58(f)) (3) Clear Cutting (see Section 18-63(e)) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) In-Home Suite (see Section 18-64(e)) (4) Residential Garage or Shed (see Section 18-64(i)) (5) Residential Recreational Facility (see Section 18-64(j)) (6) On-Site Parking (see Section 18-64(l)) (7) Stormwater Facilities (see Section 18-64(r)) (8) Exterior Communications Device (see Section 18-64(s)) (9) Incidental Recreational Equipment Storage (see Section 18-64(w)) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (3) Accessory Dwelling Unit (see Section 18-64(f)) (4) Small Solar Energy System (see Section 18-64(u)) (5) Small Wind Energy System (see Section 18-64(v)) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(e)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying SR-4 district. Where SR-4 and overlay district requirements conflict, the more restrictive requirements shall prevail. Article 2: Zoning Districts 28 Draft #3: October 24, 2011

37 (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (j) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the SR-4 zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the SR-4 zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the SR-4 zoning district are detailed in Figure Figure 18-31: Density, Intensity, and Bulk Regulations in the SR-4 District Density and Intensity Requirements See Article 4 for additional requirements Minimum Lot Area 10,000 square feet Maximum Gross Density Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback Minimum Shore Yard Setback Minimum Interior Side Setback Minimum Rear Setback Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Maximum Principal Building Height 4 dwelling units per acre 30 percent 50 percent 75 feet 50 feet See Article 5 for additional requirements 25 feet 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 15 feet 15 feet 5 feet 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structure Accessory Interior Side and Rear Setback Maximum Accessory Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet (less than 200 square foot structure); 10 feet (more than 200 foot structure) 18 feet Article 2: Zoning Districts 29 Draft #3: October 24, 2011

38 Section 18-32: Village Residential (SR-5) District (a) Description and Purpose. This district is intended to permit development which has a moderate density of about five dwellings per acre. Density and intensity standards for this district are designed to ensure that the existing Village character of areas designated as SR-5 shall be protected and preserved. (b) Principal Land Uses Permitted by Right. (1) Single-Family (7,000 sq. ft.) (see Section 18-55(a)) (2) Passive Outdoor Recreation (see Section 18-57(b)) (3) Active Outdoor Recreation (see Section 18-57(c)) (4) Public Services and Utilities (see Section 18-58(c)) (5) Community Living Arrangement (1-8 Residents) (see Section 18-58(e)) (6) Cultivation (see Section 18-63(a)) (7) Selective Cutting (see Section 18-63(d)) (c) Principal Land Uses Permitted as Conditional Use. (1) Bed and Breakfast Establishment ((see Section 18-56(i)) (2) Community Living Arrangement (9-15 Residents) (see Section 18-58(f)) (3) Clear Cutting (see Section 18-63(e)) (d) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) In-Home Suite (see Section 18-63(e)) (4) Residential Garage or Shed (see Section 18-63(i)) (5) Residential Recreational Facility (see Section 18-63(j)) (6) On-Site Parking (see Section 18-63(l)) (7) Stormwater Facilities (see Section 18-63(r)) (8) Exterior Communications Device (see Section 18-63(s)) (9) Incidental Recreational Equipment Storage (see Section 18-64(w)) (e) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-63(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-63(d)) (3) Accessory Dwelling Unit (see Section 18-63(f)) (4) Small Solar Energy System (see Section 18-63(u)) (5) Small Wind Energy System (see Section 18-63(v)) (f) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(e)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) (g) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. (h) Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying SR-5 district. Where SR-5 and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. Article 2: Zoning Districts 30 Draft #3: October 24, 2011

39 (j) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the SR-5 zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the SR-5 zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the SR-5 zoning district are detailed in Figure Figure 18-32: Density, Intensity, and Bulk Regulations in the SR-5 District Density and Intensity Requirements Minimum Lot Area Maximum Gross Density Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback See Article 4 for additional requirements 7,000 square feet 5 dwelling units per acre 35 percent 50 percent 60 feet 50 feet See Article 5 for additional requirements 25 feet Minimum Shore Yard Setback 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. Minimum Interior Side Setback 10 feet Minimum Rear Setback 15 feet Minimum Pavement Setback (lot line to 5 feet pavement; excludes driveway entrances) Maximum Principal Building Height 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Accessory Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet (less than 200 square foot structure); 10 feet (more than 200 foot structure) 18 feet Article 2: Zoning Districts 31 Draft #3: October 24, 2011

40 Section 18-33: Attached Residential (AR-6) District (a) (b) (c) (d) (e) (f) (g) Description and Purpose. This district is intended to permit detached single-family and attached twofamily homes at a density of no more than six dwellings per acre. Density and intensity standards for this district are designed to ensure that the character of areas designated as AR-6 shall be protected and preserved. Principal Land Uses Permitted by Right. (1) Single-Family (5,000 sq. ft.) (see Section 18-55(a)) (2) Two-Flat (see Section 18-55(b)) (3) Twin House (see Section 18-55(c)) (4) Duplex (see Section 18-55(d)) (5) Passive Outdoor Recreation (see Section 18-57(b)) (6) Active Outdoor Recreation (see Section 18-57(c)) (7) Public Services and Utilities (see Section 18-58(c)) (8) Community Living Arrangement (1-8 Residents) ((see Section 18-58(e)) (9) Cultivation (see Section 18-63(a)) (10) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Bed and Breakfast Establishment (see Section 18-56(i)) (2) Community Living Arrangement (9-15 Residents) (see Section 18-58(f)) (3) Clear Cutting (see Section 18-63(e)) (4) Community Garden (see Section 18-63(h)) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) In-Home Suite (see Section 18-64(e)) (4) Residential Garage or Shed (see Section 18-64(i)) (5) Residential Recreational Facility (see Section 18-64(j)) (6) On-Site Parking (see Section 18-64(l)) (7) Stormwater Facilities (see Section 18-64(r)) (8) Exterior Communications Device (see Section 18-64(s)) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (3) Accessory Dwelling Unit (see Section 18-64(f)) (4) Small Solar Energy System (see Section 18-64(u)) (5) Small Wind Energy System (see Section 18-64(v)) (6) Incidental Recreational Equipment Storage (see Section 18-64(w)) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(e)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. Article 2: Zoning Districts 32 Draft #3: October 24, 2011

41 (h) Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying AR-6 district. Where AR-6 and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (j) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the AR-6 zoning district shall adhere to the applicable landscaping requirements (see Article 11). (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the AR-6 zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the AR-6 zoning district are detailed in Figure Figure 18-33: Density, Intensity, and Bulk Regulations in the AR-6 District Density and Intensity Requirements Minimum Lot Area Maximum Gross Density Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback See Article 4 for additional requirements 7,000 square feet, or 5,000 square feet for single family land uses 6 dwelling units per acre 35 percent 50 percent 75 feet 50 feet See Article 5 for additional requirements 25 feet Minimum Shore Yard Setback 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. Minimum Interior Side Setback 0 or 15 feet (0 feet for zero lot lines) Minimum Rear Setback 15 feet Minimum Pavement Setback (lot line to 5 feet pavement; excludes driveway entrances) Maximum Principal Building Height 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Accessory Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet (less than 200 square foot structure); 10 feet (more than 200 foot structure) 18 feet Article 2: Zoning Districts 33 Draft #3: October 24, 2011

42 Section 18-34: Small Multi-Family Residential (MR-8) District (a) (b) (c) (d) (e) Description and Purpose. This district provides housing variety for smaller families, single individuals, and those who do not desire private yards and want minimal maintenance responsibilities at a density of no more than 8 dwellings per acre. Density and intensity standards for this district are designed to ensure that the character of areas designated as MR-8 shall be protected and preserved. Principal Land Uses Permitted by Right. (1) Single-Family (5,000 sq. ft.) (see Section 18-55(a)) (2) Two-Flat (see Section 18-55(b)) (3) Twin House (see Section 18-55(c)) (4) Duplex (see Section 18-55(d)) (5) Townhouse (3-4 units) (see Section 18-55(e)) (6) Multiplex (3-4 units) (see Section 18-55(f)) (7) Apartment (3-4 units) (see Section 18-55(g)) (8) Passive Outdoor Recreation (see Section 18-57(b)) (9) Active Outdoor Recreation (see Section 18-57(c)) (10) Public Services and Utilities (see Section 18-58(c)) (11) Community Living Arrangement (1-8 Residents) (see Section 18-58(e)) (12) Community Living Arrangement (9-15 Residents) (see Section 18-58(f)) (13) Cultivation (see Section 18-63(a)) (14) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Townhouse (5-8 units) (see Section 18-55(c)) (2) Multiplex (5-8 units) (see Section 18-55(f)) (3) Apartment (5-8 units) (see Section 18-55(g)) (4) Bed and Breakfast Establishment (see Section 18-56(i)) (5) Boarding House (see Section 18-56(k)) (6) Community Living Arrangement (16+ Residents) (see Section 18-58(g)) (7) Group Daycare Center (9+ Children) (see Section 18-56(l)) (8) Clear Cutting (see Section 18-63(e)) (9) Community Garden (see Section 18-63(h)) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) In-Home Suite (see Section 18-64(e)) (4) Residential Garage or Shed (see Section 18-64(i)) (5) Residential Recreational Facility (see Section 18-64(j)) (6) On-Site Parking (see Section 18-64(l)) (7) Stormwater Facilities (see Section 18-64(r)) (8) Exterior Communications Device (see Section 18-64(s)) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (3) Small Solar Energy System (see Section 18-64(u)) (4) Small Wind Energy System (see Section 18-64(v)) (5) Incidental Recreational Equipment Storage (see Section 18-64(w)) Article 2: Zoning Districts 34 Draft #3: October 24, 2011

43 (f) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(e)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) (g) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. (h) Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying MR-8 district. Where MR-8 and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (j) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the MR-8 zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the MR-8 zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the MR-8 zoning district are detailed in Figure on the following page. Article 2: Zoning Districts 35 Draft #3: October 24, 2011

44 Figure 18-34: Density, Intensity, and Bulk Regulations in the MR-8 District Density and Intensity Requirements Minimum Lot Area Maximum Gross Density Minimum Gross Floor Area (Multifamily Buildings) Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback Minimum Shore Yard Setback Minimum Interior Side Setback Minimum Rear Setback Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) Maximum Principal Building Height See Article 4 for additional requirements 5,000 square feet 8 dwelling units per acre 600 square feet for 1 bedroom, plus 200 square feet for each additional bedroom 40 percent 60 percent 80 feet or varies 50 feet See Article 5 for additional requirements 25 feet 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 0/15 feet (0 feet for zero lot line) 15 feet 5 feet 35 feet Minimum Required Off-Street Parking Per land and, see Article 3 Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Accessory Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet (less than 200 square foot structure); 10 feet (more than 200 foot structure) 18 feet Article 2: Zoning Districts 36 Draft #3: October 24, 2011

45 Section 18-35: Large Multi-Family Residential (MR-12) District (a) Description and Purpose. This district is intended to permit multi-family dwellings of no more than 12 dwellings per acre. This district provides housing variety for smaller families, single individuals, and those who do not desire private yards and want minimal maintenance responsibilities. Density and intensity standards for this district are designed to ensure that the character of areas designated as MR- 12 shall be protected and preserved. (b) Principal Land Uses Permitted by Right. (1) Single-Family (5,000 sq. ft.) (see Section 18-55(a)) (2) Two-Flat (see Section 18-55(b)) (3) Twin House (see Section 18-55(c)) (4) Duplex (see Section 18-55(d)) (5) Townhouse (3-8 units) (see Section 18-55(e)) (6) Multiplex (3-8 units) (see Section 18-55(f)) (7) Apartment (3-8 units) (see Section 18-55(g)) (8) Passive Outdoor Recreation (see Section 18-57(b)) (9) Active Outdoor Recreation (see Section 18-57(c)) (10) Public Services and Utilities (see Section 18-58(c)) (11) Community Living Arrangement (1-8 Residents) (see Section 18-58(e)) (12) Community Living Arrangement (9-15 Residents) (see Section 18-58(f)) (13) Cultivation (see Section 18-63(a)) (14) Selective Cutting (see Section 18-63(d)) (c) Principal Land Uses Permitted as Conditional Use. (1) Apartment (9-16 units) (see Section 18-55(g)) (2) Bed and Breakfast Establishment (see Section 18-56(i)) (3) Boarding House (see Section 18-56(k)) (4) Group Daycare Center (9+ Children) (see Section 18-56(l)) (5) Community Living Arrangement (16+ Residents) (see Section 18-58(g)) (6) Clear Cutting (see Section 18-63(e)) (7) Community Garden (see Section 18-63(h)) (d) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) In-Home Suite (see Section 18-64(e)) (4) Residential Garage or Shed (see Section 18-64(i)) (5) Residential Recreational Facility (see Section 18-64(j)) (6) On-Site Parking (see Section 18-64(l)) (7) Stormwater Facilities (see Section 18-64(r)) (8) Exterior Communications Device (see Section 18-64(s)) (e) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (3) Small Solar Energy System (see Section 18-64(u)) (4) Small Wind Energy System (see Section 18-64(v)) (5) Incidental Recreational Equipment Storage (see Section 18-64(w)) Article 2: Zoning Districts 37 Draft #3: October 24, 2011

46 (f) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(e)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) (g) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. (h) Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying MR-12 district. Where MR-12 and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (j) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the MR-12 zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the MR-12 zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the MR-12 zoning district are detailed in Figure on the following page. Article 2: Zoning Districts 38 Draft #3: October 24, 2011

47 Figure 18-35: Density, Intensity, and Bulk Regulations in the MR-12 District Density and Intensity Requirements See Article 4 for additional requirements Minimum Lot Area Maximum Gross Density Minimum Gross Floor Area (Multifamily Buildings) Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback Minimum Shore Yard Setback Minimum Interior Side Setback Minimum Rear Setback Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) Maximum Principal Building Height 3,700 square feet, or 5,000 square feet for single family land uses 12 dwelling units per acre 600 square feet for 1 bedroom, plus 200 square feet for each additional bedroom 40 percent 50 percent 90 feet or varies 50 feet See Article 5 for additional requirements 25 feet 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 0/15 feet (0 feet for zero lot line) 15 feet 5 feet 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Accessory Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet (less than 200 square foot structure); 10 feet (more than 200 foot structure) 18 feet Article 2: Zoning Districts 39 Draft #3: October 24, 2011

48 Section 18-36: Institutional (IN) District (a) Description and Purpose. This district is intended to establish and preserve areas for certain public and institutional uses in the Village of Fontana. (b) Principal Land Uses Permitted by Right. (1) Passive Outdoor Recreation (see Section 18-57(b)) (2) Active Outdoor Recreation (see Section 18-57(c)) (3) Public Services and Utilities (see Section 18-58(c)) (4) Cultivation (see Section 18-63(a)) (5) Selective Cutting (see Section 18-63(d)) (c) Principal Land Uses Permitted as Conditional Use. (1) Group Daycare Center (9+ Children) (see Section 18-56(l)) (2) Intensive Outdoor Recreation (see Section 18-57(d)) (3) Indoor Institutional (see Section 18-58(a)) (4) Outdoor Institutional (see Section 18-58(b)) (5) Institutional Residential (see Section 18-58(d)) (6) Community Living Arrangement (1-16+ Residents) (see Section 18-58(e)) (7) Off-Site Parking (see Section 18-61(e)) (8) Composting (see Section 18-62(c)) (9) Clear Cutting (see Section 18-63(e)) (10) Community Garden (see Section 18-63(h)) (11) Market Garden (see Section 18-63(i)) (d) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Residential Garage or Shed (see Section 18-64(i)) (3) Residential Recreational Facility (see Section 18-64(j)) (4) On-Site Parking (see Section 18-64(l)) (5) Company Cafeteria (see Section 18-64(m)) (6) Company On-Site Recreation (see Section 18-64(n)) (7) Stormwater Facilities (see Section 18-64(r)) (8) Exterior Communications Device (see Section 18-64(s)) (e) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (4) Small Solar Energy System (see Section 18-64(u)) (5) Small Wind Energy System (see Section 18-64(v)) (f) Permitted Temporary Uses. (1) Temporary Farm Product Sales (see Section 18-65(a)) (2) Temporary Outdoor Sales (see Section 18-65(b)) (3) Temporary Outdoor Assembly (see Section 18-65(c)) (4) Temporary Storage Container (see Section 18-65(d)) (5) Temporary Construction Storage (see Section 18-65(e)) (6) Temporary Relocatable Building (see Section 18-65(f)) (7) Garage or Estate Sale (Auction) (see Section 18-65(g)) (8) Farmer s Market (see Section 18-65(h)) Article 2: Zoning Districts 40 Draft #3: October 24, 2011

49 (g) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. (h) Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying IN district. Where IN and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (j) Landscaping Regulations. All land uses in the IN zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the IN zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the IN zoning district are detailed in Figure Figure 18-36: Density, Intensity, and Bulk Regulations in the IN District Density and Intensity Requirements Minimum Lot Area Maximum Gross Density Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback Minimum Shore Yard Setback Minimum Interior Side Setback Minimum Rear Setback Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) Maximum Principal Building Height See Article 4 for additional requirements 20,000 square feet 8 dwelling units per acre 40 percent 50 percent 100 feet 50 feet See Article 5 for additional requirements 25 feet 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 15 feet 25 feet 5 feet 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Accessory Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet (less than 200 square foot structure); 10 feet (more than 200 foot structure) 18 feet Article 2: Zoning Districts 41 Draft #3: October 24, 2011

50 Section 18-37: Neighborhood Business (NB) District (a) (b) (c) (d) (e) Description and Purpose. This district is intended to permit small-scale commercial development which is compatible with Fontana s overall Village character and with adjacent residential development in particular. The desired development character is achieved through landscaping requirements, building size restrictions, and residential-character architectural requirements. Principal Land Uses Permitted by Right. (1) Single-Family (7,000 sq. ft. lot) (see Section 18-55(a)) (2) Mixed Use Dwelling Unit (see Section 18-55(k)) (3) Office (see Section 18-56(a)) (4) Personal or Professional Service (see Section 18-56(b)) (5) Indoor Sales or Service (see Section 18-56(d)) (6) Indoor Maintenance Service (see Section 18-56(n)) (7) Passive Outdoor Recreation (see Section 18-57(b)) (8) Active Outdoor Recreation (see Section 18-57(c)) (9) Public Services and Utilities (see Section 18-58(c)) (10) Cultivation (see Section 18-63(a)) (11) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Two-Flat (see Section 18-55(b)) (2) Twin House (see Section 18-55(c)) (3) Duplex (see Section 18-55(d)) (4) Indoor Commercial Entertainment (see Section 18-56(f)) (5) Bed and Breakfast Establishment (see Section 18-56(i)) (6) Boarding House (see Section 18-56(k)) (7) Group Daycare Center (9+ Children) (see Section 18-56(l)) (8) Tourist Rooming House (see Section 18-56(s)) (9) Indoor Institutional (see Section 18-58(a)) (10) Clear Cutting (see Section 18-63(e)) (11) Community Garden (see Section 18-63(h)) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) In-Home Suite (see Section 18-64(e)) (3) Residential Garage or Shed (see Section 18-64(i)) (4) Residential Recreational Facility (see Section 18-64(j)) (5) On-Site Parking (see Section 18-64(l)) (6) Stormwater Facilities (see Section 18-64(r)) (7) Exterior Communications Device (see Section 18-64(s)) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (3) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (4) Accessory Dwelling Unit (see Section 18-64(f)) (5) Incidental Outdoor Display (see Section 18-64(o)) (6) Incidental Indoor Sales (see Section 18-64(p)) (7) Small Solar Energy System (see Section 18-64(u)) (8) Small Wind Energy System (see Section 18-64(v)) Article 2: Zoning Districts 42 Draft #3: October 24, 2011

51 (f) Permitted Temporary Uses. (1) Temporary Farm Product Sales (see Section 18-65(a)) (2) Temporary Outdoor Sales (see Section 18-65(b)) (3) Temporary Outdoor Assembly (see Section 18-65(c)) (4) Temporary Storage Container (see Section 18-65(d)) (5) Temporary Construction Storage (see Section 18-65(e)) (6) Temporary Relocatable Building (see Section 18-65(f)) (7) Garage or Estate Sale (Auction) (see Section 18-65(g)) (8) Farmer s Market (see Section 18-65(h)) (g) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. (h) Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying NB district. Where NB and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. In addition, structures and uses within the NB district shall adhere to the following additional design requirements: (1) Areas zoned NB shall be no larger than 4 acres in size. (2) The minimum zoning district separation for areas zoned NB shall be 500 feet. (3) Residential architectural and landscaping requirements include: a. Foundation planting. b. Residential roof shapes, pitches, and materials, such as shingles or shakes. c. A minimum of 15 percent window coverage. d. Residential exterior materials, such as wood, cement board, brick, decorative block, stone, and other materials approved by the Plan Commission. e. Building color and design shall be in keeping with the Village s Nantucket-style community character (e.g. whites, grays, light blue, etc.), as approved by the Plan Commission. (4) Areas zoned NB shall provide a neighborhood-oriented amenity per Plan Commission direction (i.e. outdoor neighborhood gathering area, public art, etc.). (5) Parking shall be placed to the side or the rear of the principal building; no parking shall be permitted in the front. Parking is prohibited within required setbacks for principal buildings. (6) Business operating hours within the NB district shall be from 7:00 a.m. to 9:00 p.m. unless otherwise extended by conditional use permit. (7) In order to ensure a minimum disruption to residential development, development within this district shall take access from a collector or arterial street, if available, rather than a neighborhood street. (j) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the NB zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the NB zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the NB zoning district are detailed in Figure Article 2: Zoning Districts 43 Draft #3: October 24, 2011

52 Figure 18-37: Density, Intensity, and Bulk Regulations in the NB District Density and Intensity Requirements Minimum Lot Area Maximum Gross Density Maximum Floor Area Ratio 0.25 Maximum Building Size Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback Minimum Shore Yard Setback Minimum Interior Side Setback Minimum Rear Setback Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) Maximum Principal Building Height See Article 4 for additional requirements 7,000 square feet 4 dwelling units per acre 10,000 square feet 35 percent 50 percent 60 feet 50 feet See Article 4 for additional requirements 25 feet 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 15 feet 10 feet 5 feet from side or rear; 10 feet from street 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Accessory Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet 18 feet Article 2: Zoning Districts 44 Draft #3: October 24, 2011

53 Section 18-38: Village Center (VC) District (a) (b) (c) (d) (e) Description and Purpose. The VC district is intended to permit development that is compatible with the existing character of the Village and provide for the preservation and stabilization of Fontana s historic Village Center. The VC district is intended to implement the design recommendations of the Comprehensive Plan by preserving and enhancing the appearance, character, and property values of the community. Principal Land Uses Permitted by Right. (1) Single-Family (7,000 sq. ft. lot) (see Section 18-55(a)) (2) Office (see Section 18-56(a)) (3) Personal or Professional Service (see Section 18-5(b)) (4) Indoor Sales or Service (see Section 18-56(d)) (5) Indoor Maintenance Service (see Section 18-56(n)) (6) Passive Outdoor Recreation (see Section 18-57(b)) (7) Active Outdoor Recreation (see Section 18-57(b)) (8) Public Services and Utilities (see Section 18-58(c)) (9) Cultivation (see Section 18-63(a)) (10) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Two-Flat (see Section 18-55(b)) (2) Indoor Commercial Entertainment (see Section 18-56(f)) (3) Bed and Breakfast Establishment (see Section 18-56(i)) (4) Boarding House (see Section 18-56(k)) (5) Group Daycare Center (9+ Children) (see Section 18-56(l)) (6) Tourist Rooming House (see Section 18-56(s)) (7) Lake-Related Recreation (see Section 18-57(e)) (8) Indoor Institutional (see Section 18-58(a)) (9) Transit Center or Park and Ride (see Section 18-61(a)) (10) Off-Site Parking (see Section 18-61(e)) (11) Clear Cutting (see Section 18-63(e)) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) In-Home Suite (see Section 18-64(e)) (3) Residential Garage or Shed (see Section 18-64(i)) (4) Residential Recreational Facility (see Section 18-64(j)) (5) On-Site Parking (see Section 18-64(l)) (6) Stormwater Facilities (see Section 18-64(r)) (7) Exterior Communications Device (see Section 18-64(s)) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Family Daycare Home 4-8 Children (see Section 18-64(c)) (3) Intermediate Daycare Home 9-15 Children (see Section 18-64(d)) (4) Accessory Dwelling Unit (see Section 18-64(f)) (5) Small Solar Energy System (see Section 18-64(u)) (6) Small Wind Energy System (see Section 18-64(v)) Article 2: Zoning Districts 45 Draft #3: October 24, 2011

54 (f) Permitted Temporary Uses. (1) Temporary Farm Product Sales (see Section 18-65(a)) (2) Temporary Outdoor Sales (see Section 18-65(b)) (3) Temporary Outdoor Assembly (see Section 18-65(c)) (4) Temporary Storage Container (see Section 18-65(d)) (5) Temporary Construction Storage (see Section 18-65(e)) (6) Temporary Relocatable Building (see Section 18-65(f)) (7) Garage or Estate Sale (Auction) (see Section 18-65(g)) (8) Farmer s Market (see Section 18-65(h)) (g) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. (h) Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying VC district. Where VC and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. In addition, structures and uses within the VC district shall adhere to the following additional design requirements: (1) Overall VC Design Theme. The design theme for the VC district shall be based on the historic development pattern in the Village Center, which incorporates a mixture of residential, resort, institutional, retail and service uses. Building orientation and character focus on pedestrian-scaled design. (2) Lighting. a. Appropriate lighting shall be provided at all building entries, along all walkways, and around all parking areas subject to the exterior lighting standards in Section b. Light fixtures located along on-site walkways and public sidewalks and streets shall be pedestrian-scaled, and shall generally conform to the Village s preferred design theme for fixtures in the Village Center. Building-mounted light fixtures shall complement the building s architecture and exterior materials. (3) Pedestrian and Bicycle Site Access. a. Whenever practical, paved walkways shall be installed between public building entries, adjoining public sidewalks, any on-site parking areas, and adjoining properties. All such walkways shall be a minimum of 5 feet wide unless otherwise constrained by topography or existing site improvements. b. Protective barriers or markings shall be installed to separate walkways from vehicular circulation and parking areas. c. Bicycle parking shall be provided at the rate of one bike rack per 1,000 of gross floor area. (4) Vehicular Site Access and Parking. a. Shared driveways and the establishment of cross access easements shall be encouraged to minimize the number of access points. b. Parking shall be placed to the side or the rear of the principal building; no parking shall be permitted in the front. Parking is prohibited within required setbacks for principal buildings. c. Parking lot screening shall be required along all public streets. In lieu of landscaping, a wall may be used, subject to the following: 1. The wall shall be no shorter than 3 feet and no taller than 4 feet. 2. The entire wall and supporting structure/footer shall be located on the property. 3. The material and design of the wall shall be consistent with the building architecture. Article 2: Zoning Districts 46 Draft #3: October 24, 2011

55 4. The wall shall be finished on both sides. 5. A continuous wall face (i.e. unbroken by a driveway or building) shall be broken up with columns, jogs, and/or landscaping at least once every 25 feet. 6. In lieu of required perimeter trees, taller columns, trellises, or similar features may be used to visually extend the wall. 7. The wall shall comply with all vision triangle requirements in Section (5) Utilities, Building Mechanicals, and Dumpsters. a. All utilities; ground-mounted, wall-mounted, and rooftop mechanicals; and refuse containers (dumpsters) shall be fully screened with materials matching the principal building. b. Whenever possible, utilities shall be located at the rear or side of a building. (6) Fencing. a. Chain link and non-decorative wire fencing is prohibited. b. On-site fencing shall be pedestrian-scaled and shall generally conform to the Village s preferred design theme for the Village Center. (j) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the VC zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the VC zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the VC zoning district are detailed in Figure on the following page. Article 2: Zoning Districts 47 Draft #3: October 24, 2011

56 Figure 18-38: Density, Intensity, and Bulk Regulations in the VC District Density and Intensity Requirements See Article 4 for additional requirements Minimum Lot Area 7,000 square feet Maximum Gross Density 5 dwelling units per acre Maximum Floor Area Ratio 0.25 Minimum Number of Floors Maximum Building Size Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Maximum Front or Street Setback Minimum Shore Yard Setback Maximum Interior Side Setback Maximum Rear Setback Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) Maximum Principal Building Height 2 floors 10,000 square feet (first floor) 40 percent 60 percent 60 feet 50 feet See Article 5 for additional requirements 15 feet, or 8 feet to attached front porch 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 10 feet (0 feet for zero lots) 10 feet 5 feet 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side Setback Accessory Rear Setback Maximum Accessory Building Height Refer to Section 18-52(b) for additional requirements 10 feet 5 feet 5 feet 18 feet Article 2: Zoning Districts 48 Draft #3: October 24, 2011

57 Section 18-39: Community Business (CB) District (a) (b) (c) (d) (e) Description and Purpose. This district is intended to create opportunities for unique and small local businesses; provide goods and services to Village residents and visitors; enhance the character of the Village; and create a comprehensively designed business atmosphere. Principal Land Uses Permitted by Right. (1) Office (see Section 18-56(a)) (2) Personal or Professional Service (see Section 18-56(b)) (3) Indoor Sales or Service (see Section 18-56(d)) (4) Indoor Maintenance Service (see Section 18-56(n)) (5) Passive Outdoor Recreation (see Section 18-57(b)) (6) Active Outdoor Recreation (see Section 18-57(c)) (7) Public Services and Utilities (see Section 18-58(c)) (8) Cultivation (see Section 18-63(a)) (9) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Outdoor Display (see Section 18-56(e)) (2) Indoor Entertainment (see Section 18-56(f)) (3) In-Vehicle Sales or Service (see Section 18-56(h)) (4) Bed and Breakfast Establishment (see Section 18-56(i)) (5) Commercial Indoor Lodging (see Section 18-56(j)) (6) Group Daycare Center (9+ Children) (see Section 18-56(l)) (7) Commercial Animal Boarding (see Section 18-56(m)) (8) Outdoor Maintenance Service (see Section 18-56(o)) (9) Tourist Rooming House (see Section 18-56(s)) (10) Vehicle Sales (see Section 18-56(p)) (11) Intensive Outdoor Recreation (see Section 18-57(d)) (12) Indoor Institutional (see Section 18-58(a)) (13) Transit Center or Park and Ride (see Section 18-61(a)) (14) Off-Site Parking (see Section 18-61(e)) (15) Clear Cutting (see Section 18-63(e)) Accessory Uses Permitted by Right. (1) Home Occupation (see Section 18-64(a)) (2) Residential Garage or Shed(see Section 18-64(i)) (3) Residential Recreational Facility (see Section 18-64(j)) (4) On-Site Parking (see Section 18-64(l)) (5) Company Cafeteria (see Section 18-64(m)) (6) Company On-Site Recreation (see Section 18-64(n)) (7) Stormwater Facilities (see Section 18-64(r)) (8) Exterior Communications Device (see Section 18-64(s)) Accessory Uses Permitted as Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Accessory Dwelling Unit (see Section 18-64(f)) (3) Incidental Outdoor Display (see Section 18-64(o)) (4) Incidental Indoor Sales (see Section 18-64(p)) (5) Incidental Light Industrial (see Section 18-64(q)) (6) Small Solar Energy System (see Section 18-64(u)) (7) Small Wind Energy System (see Section 18-64(v)) Article 2: Zoning Districts 49 Draft #3: October 24, 2011

58 (f) Permitted Temporary Uses. (1) Temporary Farm Product Sales (see Section 18-65(a)) (2) Temporary Outdoor Sales (see Section 18-65(b)) (3) Temporary Outdoor Assembly (see Section 18-65(c)) (4) Temporary Storage Container (see Section 18-65(d)) (5) Temporary Construction Storage (see Section 18-65(e)) (6) Temporary Relocatable Building (see Section 18-65(f)) (7) Garage or Estate Sale (Auction) (see Section 18-65(g)) (8) Farmer s Market (see Section 18-65(h)) (g) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. (h) Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying CB district. Where CB and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (j) Landscaping Regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the CB zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the CB zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the CB zoning district are detailed in Figure on the following page. Article 2: Zoning Districts 50 Draft #3: October 24, 2011

59 Figure 18-39: Intensity, and Bulk Regulations in the CB District Density and Intensity Requirements Minimum Lot Area Maximum Floor Area Ratio 0.30 Maximum Building Size Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback Minimum Shore Yard Setback Minimum Interior Side Setback Minimum Rear Setback Maximum Front, Side, or Rear Setback Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) Maximum Principal Building Height See Article 4 for additional requirements 20,000 square feet 60,000 square feet 50 percent 70 percent 100 feet 50 feet See Article 5 for additional requirements 25 feet 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 10 feet (0 feet for in case of zero lot line) 25 feet 100 feet 5 feet 35 feet Minimum Required Off-Street Parking Per land use, see Article 3 Additional Parking Regulations Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Accessory Building Height No more than one double-loaded row of parking may be permitted between building and any street frontage Refer to Section 18-52(b) for additional requirements 10 feet 5 feet 18 feet Article 2: Zoning Districts 51 Draft #3: October 24, 2011

60 Section 18-40: Resort Business (RB) District (a) Description. This district is intended to provide for and regulate the existing and evolving large-scale resort complex and facilities originally known as The Abbey. This area, and this RB district, is divided into the following subdistricts: the Abbey Resort Subdistrict, Abbey Villas Subdistrict, Abbey Ridge Subdistrict, and Abbey Harbor Marina Subdistrict. Each subdistrict is described and regulated in the sections that follow. Each of these subdistricts are designated on the Official Zoning Map. Any new large-scale resort complex would be considered a Planned Development and would be subject to the provisions of Section (b) Purpose. The RB district is intended to establish the fully conforming status of all land uses, lots, structures, buildings and other development within the RB district as of the adoption date of this Ordinance; to maintain the existing character of the Abbey Villas, Abbey Ridge, and Abbey Harbor Marina subdistricts; and to provide for land use flexibility and modest expansion capacity for the Abbey Resort subdistrict through Village staff review, and for more substantial changes through additional Village review procedures. Resort Business Subdistricts I. The Abbey Resort Subdistrict. (a) (b) (c) Description and Purpose. The purpose of the Abbey Resort Subdistrict is to accommodate the Abbey Resort as a fully legal land use and development as existing upon the effective date of this Chapter. This subdistrict is further divided into the Central Area and Peripheral Area, which are designated on the Official Zoning Map, within which land uses and development are further regulated. All land uses and development (including structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, utilities, and other development) existing as of the effective date of this Chapter, including the inventory of existing land uses and development provided in Appendix # of this Chapter shall be permitted by right except as modified by this Section.. Land Uses Permitted by Right, Conditional Use, or as a Temporary Use Within the Central Area. (1) Principal Land Uses Permitted by Right Within the Central Area. a. See (b), above. b. Resort Hotel (see Section 18-56(r)) (2) Principal Land Uses Permitted as Conditional Use Within the Central Area. a. Land uses not included in the definition of a resort hotel per Section 18-56(r), but not inconsistent or incompatible with a resort hotel. b. Clear Cutting (see Section 18-63(e)) (3) Accessory Uses Permitted by Right Within the Central Area. a. See (b), above. b. On-Site Parking (see Section 18-64(l)) c. Company Cafeteria (see Section 18-64(m)) d. Company On-Site Recreation (see Section 18-64(n)) e. Incidental Outdoor Display (see Section 18-64(o)) f. Incidental Indoor Sales (see Section 18-64(p)) g. Stormwater Facilities (see Section 18-64(r)) h. Exterior Communications Device (see Section 18-64(s)) i. Small Solar Energy System (see Section 18-64(u)) j. Small Wind Energy System (see Section 18-64(v)) k. Incidental Recreational Equipment Storage (see Section 18-64(w)) Article 2: Zoning Districts 52 Draft #3: October 24, 2011

61 (d) (4) Accessory Uses Permitted by Conditional Use Within the Central Area. a. Accessory uses not included in the definition of a resort hotel per Section 18-56(r), but not inconsistent or incompatible with a resort hotel. (5) Permitted Temporary Uses Within the Central Area. a. Temporary Farm Product Sales (see Section 18-65(a)) b. Temporary Outdoor Sales (see Section 18-65(b)) c. Temporary Outdoor Assembly (see Section 18-65(c)) d. Temporary Storage Container (see Section 18-65(d)) e. Temporary Construction Storage (see Section 18-65(e)) f. Temporary Relocatable Building (see Section 18-65(f)) g. Garage or Estate Sale (Auction) (see Section 18-65(g)) h. Farmer s Market (see Section 18-65(h)) i. Limited Duration Special Activities and Events (see Section 18-65(i)) Land Uses Permitted by Right, Conditional Use, or as a Temporary Use Within the Peripheral Area. (1) Principal Land Uses Permitted by Right Within the Peripheral Area. a. See (b), above. b. Passive Outdoor Recreation (see Section 18-57(b)) c. Lake-Related Recreation (see Section 18-57(e)) d. Off-Site Parking (see Section 18-61(e)) e. Selective Cutting (see Section 18-63(d)) f. Existing spoil site including the approximately 1.2 acre spoil containment area, surrounding berm, and access drive as depicted on the detailed diagram of the Abbey Subdistricts on the Official Zoning Map. This facility is used for the marina lagoon, Pottawatomie Creek, and other contributing waters prior to the removal of said spoil from the site. (2) Principal Land Uses Permitted as Conditional Use Within the Peripheral Area. a. West Pavilion Tent (as an existing approved conditional use, but no longer subject to 5-year conditional use permit review and approval), but subject to the other provisions of the existing conditional use permit. b. Any use permitted within the Central Area may be reviewed as a conditional use for the Peripheral Area. c. Land uses not typically associated with a resort hotel. d. Clear Cutting (see Section 18-63(e)) e. On-Site Parking (see Section 18-64(l)) f. Expansion or relocation of new spoil dewatering facility. (3) Accessory Uses Permitted by Right Within the Peripheral Area. a. See (b), above. (4) Accessory Uses Permitted by Conditional Use Within the Peripheral Area. a. Stormwater Facilities (see Section 18-64(r)) b. Exterior Communications Device (see Section 18-64(s)) c. Small Solar Energy System (see Section 18-64(u)) d. Small Wind Energy System (see Section 18-64(v)) (5) Permitted Temporary Uses Within the Peripheral Area. a. Temporary Farm Product Sales (see Section 18-65(a)) Article 2: Zoning Districts 53 Draft #3: October 24, 2011

62 (e) (f) (g) b. Temporary Outdoor Sales (see Section 18-65(b)) c. Temporary Outdoor Assembly (see Section 18-65(c)) d. Temporary Storage Container (see Section 18-65(d)) e. Temporary Construction Storage (see Section 18-65(e)) f. Temporary Relocatable Building (see Section 18-65(f)) g. Garage or Estate Sale (Auction) (see Section 18-65(g)) h. Farmer s Market (see Section 18-65(h)) i. Limited Duration Special Activities and Events (see Section 18-65(i)) Nonconforming Situations. Any nonconforming lot, use, structure, building, and/or site feature existing as of the effective date of this Chapter shall be hereby made legal and conforming. Overlay District Requirements. All lots, uses, structures, buildings, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying Abbey Resort Subdistrict. Where Abbey Resort Subdistrict and overlay district requirements conflict, the more restrictive shall apply. Design Standards. All additional development shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. Maintenance and restoration activities shall not be considered as additional development. In addition, structures and uses within the Abbey Resort Subdistrict shall adhere to the following additional design requirements: (1) Lighting. a. Exterior lighting shall comply with the exterior lighting standards in Section b. Light fixtures located along on-site walkways and public sidewalks and streets shall be pedestrian-scaled. Building-mounted light fixtures shall complement the building s architecture and exterior materials. (2) Pedestrian and Bicycle Site Access. a. Whenever practical, paved walkways shall be installed between new public building entries, adjoining public sidewalks, any on-site parking areas, and adjoining properties. b. Protective barriers, such as curbs and/or landscaped area, or markings shall be installed to separate walkways from vehicular circulation and parking areas. (3) Parking. a. On-site parking, loading, and vehicle circulation areas existing as of the effective date of this Chapter, per the parking inventory provided with the Abbey Spa project in 2008, are hereby deemed to be sufficient to serve the Abbey Resort Hotel as it exists on the effective date of this Chapter. Furthermore, such existing facilities are also deemed sufficient to provide 30 parking spaces to accommodate the calculated parking demand associated with additional development. This inventory does not include the parking area owned by the Abbey located on the north side of Fontana Boulevard. b. For additional paved area associated with new development, parking lot screening shall be required along all public streets (per the requirements of Section (d)). In lieu of landscaping, a wall may be used, subject to the following: 1. The wall shall be no shorter than 3 feet and no taller than 4 feet. 2. The entire wall and supporting structure/footer shall be located on the property. 3. The material and design of the wall shall be consistent with the building architecture. 4. The wall shall be finished on both sides. Article 2: Zoning Districts 54 Draft #3: October 24, 2011

63 (h) (i) (j) (k) (l) 5. A continuous wall face (i.e. unbroken by a driveway or building) shall be broken up with columns, jogs, and/or landscaping at least once every 25 feet. 6. In lieu of required perimeter trees, taller columns, trellises, or similar features may be used to visually extend the wall. 7. The wall shall comply with all vision triangle requirements in Section (4) Utilities, Building Mechanicals, and Dumpsters. a. All new or additional utilities; ground-mounted, wall-mounted, and rooftop mechanicals; and refuse containers (dumpsters) shall be fully screened with materials matching the principal building or appropriate landscaping for ground mounted utilities. b. Whenever possible, utilities shall be located at the rear or side of a building. (5) Fencing. Chain link and non-decorative wire fencing is prohibited. Landscaping Regulations. All additional development in the Abbey Resort Subdistrict zoning district shall comply with applicable provisions of Article 11. Signage Regulations. The following sign regulations shall apply to the Abbey Resort Subdistrict in place of the equivalent regulations in Article 12. (1) Signs Permitted Within the Central Area. a. On-Building Signs. b. Monument Signs. c. Directional Signs. (2) Signs Permitted Within the Peripheral Area require sign approval by the Plan Commission. a. All existing signs, and replacement thereof, and their areas and locations pursuant to the sign inventory dated [INSERT DATE] and on file with the Village. b. All signs included in the proposed sign upgrade packet dated [INSERT DATE] and on file with the Village. c. Relocated signs subject to sign permit approval per Section d. New On-Building Signs shall not exceed 5 percent of the building wall and shall not exceed 200 square feet for all combined sign faces in the Peripheral Area portion of each building. e. New Monument Signs as approved through the sign permit approval process, as applicable to the VC zoning district. f. New Directional Signs for pedestrians and vehicles shall not exceed 8 feet in height and 96 square feet in area. g. Refer to the conditional use permit process in Section for all other signs not otherwise permitted by this Section. Performance Standards. All allowed uses in the Abbey Resort Subdistrict shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. Density, Intensity, and Bulk Regulations. Modifications to the existing density, intensity, and bulk of development within the Abbey Resort Subdistrict (including structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, utilities, and other development) as of the effective date of this Chapter shall adhere to the requirements and procedures described under Subsection (l), below. Approval Procedures. The purpose of this section is to provide regulations which govern the procedures for review, approval, or denial for changes in land use, temporary uses or events, and minor or major development modifications in the Abbey Resort Subdistrict. Article 2: Zoning Districts 55 Draft #3: October 24, 2011

64 Modification Requested Review Process Review and Approval Bodies Minor Development Modification 2 includes the following permanent modifications only in the Central Area: Any individual permanent structure, building, or paved area up to and including 3,000 square feet. Increase in cumulative gross floor area up to and including 10,000 square feet. 3 Increase in cumulative impervious surface area up to and including 10,000 square feet. 3 Minor Development Modification 2 includes the following permanent modifications only in the Peripheral Area: Any individual permanent structure, building, or paved area up to and including 3,000 square feet. Increase in cumulative gross floor area up to and including 10,000 square feet. 3 Increase in cumulative impervious surface area up to 10,000 square feet. 3 Major Development Modification 2 includes the following permanent modifications: Any individual permanent structure, building, or paved area exceeding 3,000 square feet anywhere on the site (i.e. within the Central Area and/or Peripheral Area). Any modification exceeding or occurring after 10,000 cumulative square feet of gross floor area or impervious surface area in the Central Area. 3 Any permanent modification in the Peripheral Area. Notes: Minor development modification review 1 Site plan review per Section Conditional use permit per Section Village Staff Village Staff, Plan Commission, Village Board Village Staff, Plan Commission, Village Board 1 Minor development modification review shall adhere to the site plan submittal requirements listed under Section except that minor development modifications shall be reviewed and approved by Village Staff instead of Plan Commission and Village Board for approval. 2 Includes conversion of temporary structures to permanent structures. 3 Village staff shall be responsible for maintaining an inventory of permanent development contributing to the 10,000 square foot cumulative limits. II. (a) (b) Abbey Villas Subdistrict. Description and Purpose. The purpose of the Abbey Villas Subdistrict is to accommodate the Abbey Villas as a fully legal land use and development as existing upon the effective date of this Chapter. All land uses and development (including structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, utilities, and other development) existing as of the effective date of this Chapter, Article 2: Zoning Districts 56 Draft #3: October 24, 2011

65 (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) including the inventory of existing land uses and development provided in Appendix # of this Chapter shall be permitted by right except as modified by this Section. Principal Land Uses Permitted by Right. (1) See (b), above. (2) Permanent dwelling units. Principal Land Uses Permitted as Conditional Use. (1) Clear Cutting (see Section 18-63(e)) Accessory Uses Permitted by Right. (1) See (b), above. (2) Home Occupation (see Section 18-64(a)) (3) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (4) In-Home Suite (see Section 18-64(e)) (5) Residential Garage or Shed (see Section 18-64(i)) (6) Residential Recreational Facility (see Section 18-64(j)) (7) On-Site Parking (see Section 18-64(l)) (8) Stormwater Facilities (see Section 18-64(r)) (9) Exterior Communications Device (see Section 18-64(s)) Accessory Uses Permitted by Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (3) Accessory Dwelling Unit (see Section 18-64(f)) (4) Small Solar Energy System (see Section 18-64(u)) (5) Small Wind Energy System (see Section 18-64(v)) (6) Incidental Recreational Equipment Storage (see Section 18-64(w)) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(e)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) Nonconforming Situations. Any nonconforming lot, use, structure, building, and/or site feature shall existing as of the effective date of this Chapter shall hereby be made legal and conforming. Overlay District Requirements. All lots, uses, structures, buildings, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying Abbey Villas Subdistrict. Where Abbey Villas Subdistrict and overlay district requirements conflict, the more restrictive requirements shall prevail. Design Standards. All additional development shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. Maintenance and restoration activities shall not be considered as additional development. Landscaping Regulations. All additional development in the Abbey Villas Subdistrict shall comply with applicable provisions of Article 11. Signage Regulations. All additional signs in the Abbey Villas Subdistrict shall comply with applicable provisions of Article 12 as applicable to the MR-12 zoning district. Article 2: Zoning Districts 57 Draft #3: October 24, 2011

66 (m) (n) Performance Standards. All allowed uses in the Abbey Villas Subdistrict zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations within the Abbey Villas Subdistrict may not exceed existing conditions except by granting of a conditional use permit per Section III. Abbey Ridge Subdistrict. (a) (b) (c) (d) (e) (f) (g) Description and Purpose. The purpose of the Abbey Ridge Subdistrict is to accommodate the Abbey Ridge as a fully legal land use and development as existing upon the effective date of this Chapter. All land uses and development (including structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, utilities, and other development) existing as of the effective date of this Chapter, including the inventory of existing land uses and development provided in Appendix # of this Chapter shall be permitted by right except as modified by this Section. Principal Land Uses Permitted by Right. (1) See (b), above. (2) Permanent dwelling units. (3) Indoor Commercial Lodging (see Section 18-56(j)) Principal Land Uses Permitted as Conditional Use. (1) Clear Cutting (see Section 18-63(e)) Accessory Uses Permitted by Right. (1) See (b), above. (2) Home Occupation (see Section 18-64(a)) (3) Family Daycare Home (4-8 Children) (see Section 18-64(c)) (4) In-Home Suite (see Section 18-64(e)) (5) Residential Garage or Shed (see Section 18-64(i)) (6) Residential Recreational Facility (see Section 18-64(j)) (7) On-Site Parking (see Section 18-64(l)) (8) Stormwater Facilities (see Section 18-64(r)) (9) Exterior Communications Device (see Section 18-64(s)) Accessory Uses Permitted by Conditional Use. (1) Expanded Home Occupation (see Section 18-64(b)) (2) Intermediate Daycare Home (9-15 Children) (see Section 18-64(d)) (3) Accessory Dwelling Unit (see Section 18-64(f)) (4) Small Solar Energy System (see Section 18-64(u)) (5) Small Wind Energy System (see Section 18-64(v)) (6) Incidental Recreational Equipment Storage (see Section 18-64(w)) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(e)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) Article 2: Zoning Districts 58 Draft #3: October 24, 2011

67 (h) (i) (j) (k) (l) (m) (n) IV. (a) (b) (c) (d) (e) (f) Nonconforming Situations. Any nonconforming lot, use, structure, building, and/or site feature existing as of the effective date of this Chapter shall hereby be made legal and conforming. Overlay District Requirements. All lots, uses, structures, buildings, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying Abbey Ridge Subdistrict. Where Abbey Ridge and overlay district requirements conflict, the more restrictive requirements shall prevail. Design Standards. All additional development shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. Maintenance and restoration activities shall not be considered as additional development. Landscaping Regulations. All additional development in the Abbey Ridge Subdistrict shall comply with applicable provisions of Article 11. Signage Regulations. All additional signs in the Abbey Ridge Subdistrict shall comply with applicable provisions of Article 12 as applicable to the MR-12 zoning district. Performance Standards. All allowed uses in the Abbey Ridge Subdistrict shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations within the Abbey Ridge Subdistrict may not exceed existing conditions except by granting of a conditional use permit per Section Abbey Harbor Marina Subdistrict. Description and Purpose. The purpose of the Abbey Harbor Marina Subdistrict is to accommodate the Abbey Harbor Marina as a fully legal land use and development as existing upon the effective date of this Chapter. All land uses and development (including structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, utilities, and other development) existing as of the effective date of this Chapter, including the inventory of existing land uses and development provided in Appendix # of this Chapter shall be permitted by right except as modified by this Section. Principal Land Uses Permitted by Right. (1) See (b), above. (2) Marina, including boat mooring, berthing and related facilities for boat launching and servicing areas; passenger, tow vehicle, and boat trailer parking; harbor house; ice skating; snowmobiling; fishing; scuba diving; excursion boats; piers and docks; and from time to time dredging to maintain the marina, intended to be operated as an adjunct to the uses listed above, provided that winter overhaul and on-land boat storage facilities shall not be permitted except by conditional use permit. Principal Land Uses Permitted as Conditional Use. (1) Outdoor boat storage and winter overhaul. (2) Maintenance, service, ice house facilities, satellite dish antennas and other uses accessory to the principal uses listed above. Accessory Uses Permitted by Right. (1) See (b), above. Accessory Uses Permitted by Conditional Use. None. Article 2: Zoning Districts 59 Draft #3: October 24, 2011

68 (g) (h) (i) (j) (k) (l) (m) (n) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Construction Storage (see Section 18-65(e)) (3) Limited Duration Special Activities and Events (see Section 18-65(i)) Nonconforming Situations. Any nonconforming lot, use, structure, building, and/or site feature existing as of the effective date of this Chapter shall hereby be made legal and conforming. Overlay District Requirements. All lots, uses, structures, buildings, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying Abbey Ridge Subdistrict. Where Abbey Harbor Marina and overlay district requirements conflict, the more restrictive requirements shall prevail. Design Standards. All additional development shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. Maintenance and restoration activities shall not be considered as additional development. Landscaping Regulations. All additional development in the Abbey Harbor Marina Subdistrict shall comply with applicable provisions of Article 11. Signage Regulations. All additional signs in the Abbey Harbor Marina Subdistrict shall comply with applicable provisions of Article 12. Performance Standards. All allowed uses in the Abbey Harbor Marina Subdistrict shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations within the Abbey Harbor Marina Subdistrict may not exceed existing conditions except by granting of a conditional use permit per Section Article 2: Zoning Districts 60 Draft #3: October 24, 2011

69 Section 18-41: Office Park (OP) District (a) (b) (c) (d) (e) (f) (g) (h) Description and Purpose. This district is intended to permit high-quality office and related land uses at an intensity that is compatible with the overall community character of the Village. Significant areas of landscaping are required in this district to ensure that this effect is achieved. Principal Land Uses Permitted by Right. (1) Office (see Section 18-56(a)) (2) Personal or Professional Service (see Section 18-56(b)) (3) Passive Outdoor Recreation (see Section 18-57(b)) (4) Active Outdoor Recreation (see Section 18-57(c)) (5) Public Services and Utilities (see Section 18-58(c)) (6) Cultivation (see Section 18-63(a)) (7) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Indoor Entertainment (see Section 18-56(f)) (2) Outdoor Entertainment (see Section 18-56(g)) (3) Commercial Indoor Lodging (see Section 18-56(j)) (4) Group Daycare Center (9+ Children) (see Section 18-56(l)) (5) Indoor Institutional (see Section 18-58(a)) (6) Transit Center or Park and Ride (see Section 18-61(a)) (7) Off-Site Parking (see Section 18-61(e)) (8) Clear Cutting (see Section 18-63(e)) Accessory Uses Permitted by Right. (1) Residential Garage or Shed (see Section 18-64(i)) (2) Residential Recreational Facility (see Section 18-64(j)) (3) Off-Site Parking (see Section 18-64(l)) (4) Company Cafeteria (see Section 18-64(m)) (5) Company On-Site Recreation (see Section 18-64(n)) (6) Stormwater Facilities (see Section 18-64(r)) (7) Exterior Communications Device (see Section 18-64(s)) Accessory Uses Permitted as Conditional Use. (1) Incidental Outdoor Display (see Section 18-64(o)) (2) Incidental Indoor Sales (see Section 18-64(p)) (3) Incidental Light Industrial (see Section 18-64(q)) (4) Small Solar Energy System (see Section 18-64(u)) (5) Small Wind Energy System (see Section 18-64(v)) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(e)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts Article 2: Zoning Districts 61 Draft #3: October 24, 2011

70 in addition to those of the underlying OP district. Where OP and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. In order to ensure a minimum of disruption to residential development, development within this district shall take access to a collector or arterial street. (j) Landscaping Regulations. All land uses in the OP zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the OP zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the OP zoning district are detailed in Figure Figure Density, Intensity, and Bulk Regulations in the OP District Density and Intensity Requirements Minimum Lot Area Maximum Floor Area Ratio 0.30 Maximum Building Size Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Bulk (Setback) Requirements Minimum Front or Street Setback Minimum Shore Yard Setback Minimum Interior Side Setback Minimum Rear Setback Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) Maximum Principal Building Height See Article 4 for additional requirements 20,000 square feet 10,000 square feet 50 percent 70 percent 100 feet 50 feet See Article 5 for additional requirements 30 feet 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. 15 feet 25 feet 5 feet 45 feet Minimum Required Off-Street Parking Per land use, see Article 3 Additional Parking Regulations Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Accessory Building Height No more than one double-loaded row of parking may be permitted between building and any street frontage Refer to Section 18-52(b) for additional requirements 10 feet 5 feet 18 feet Article 2: Zoning Districts 62 Draft #3: October 24, 2011

71 Section 18-42: Research Park (RP) District (a) (b) (c) (d) (e) Description and Purpose. This district is intended to provide for research and development activities, testing laboratories, business and professional offices, support uses typically found in an office park setting, and limited industrial uses. To maintain an attractive setting for the uses within the district, extensive landscaped areas are required. Principal Land Uses Permitted by Right. (1) Office (see Section 18-56(a)) (2) Personal or Professional Service (see Section 18-56(b)) (3) Indoor Maintenance Service (see Section 18-56(n)) (4) Passive Outdoor Recreation (see Section 18-57(b)) (5) Active Outdoor Recreation (see Section 18-57(c)) (6) Indoor Institutional (see Section 18-58(a)) (7) Public Services and Utilities (see Section 18-58(e)) (8) Light Industrial (see Section 18-59(a)) (9) Indoor Storage and Wholesaling (see Section 18-60(a)) (10) Cultivation (see Section 18-63(a)) (11) Selective Cutting (see Section 18-63(d)) Principal Land Uses Permitted as Conditional Use. (1) Artisan Studio (see Section 18-56(c)) (2) Indoor Sales or Service (see Section 18-56(d)) (3) Outdoor Display (see Section 18-56(e)) (4) Indoor Entertainment (see Section 18-56(f)) (5) Outdoor Entertainment (see Section 18-56(g)) (6) Commercial Indoor Lodging (see Section 18-56(j)) (7) Group Daycare Center (9+ Children) (see Section 18-56(l)) (8) Outdoor Maintenance Service (see Section 18-56(n)) (9) Heavy Industrial (see Section 18-59(b)) (10) Production Greenhouse (see Section 18-59(c)) (11) Indoor Food Production (see Section 18-59(d)) (12) Outdoor Storage and Wholesaling (see Section 18-60(b)) (13) Personal Storage Facility (see Section 18-60(c)) (14) Transit Center or Park and Ride (see Section 18-61(a)) (15) Distribution Center (see Section 18-61(b)) (16) Freight Terminal (see Section 18-61(c)) (17) Off-Site Parking (see Section 18-61(e)) (18) Clear Cutting (see Section 18-63(e)) Accessory Uses Permitted by Right. (1) Residential Garage or Shed (see Section 18-64(i)) (2) Residential Recreational Facility (see Section 18-64(j)) (3) On-Site Parking (see Section 18-64(l)) (4) Company Cafeteria (see Section 18-64(m)) (5) Company On-Site Recreation (see Section 18-64(n)) (6) Stormwater Facilities (see Section 18-64(r)) (7) Exterior Communications Device (see Section 18-64(s)) Accessory Uses Permitted as Conditional Use. (1) Incidental Outdoor Display (see Section 18-64(o)) Article 2: Zoning Districts 63 Draft #3: October 24, 2011

72 (2) Incidental Indoor Sales (see Section 18-64(p)) (3) Incidental Light Industrial (see Section 18-64(q)) (4) Small Solar Energy System (see Section 18-64(u)) (5) Small Wind Energy System (see Section 18-64(v)) (f) Permitted Temporary Uses. (1) Temporary Outdoor Assembly (see Section 18-65(c)) (2) Temporary Storage Container (see Section 18-65(d)) (3) Temporary Construction Storage (see Section 18-65(e)) (4) Temporary Relocatable Building (see Section 18-65(f)) (5) Garage or Estate Sale (Auction) (see Section 18-65(g)) (g) Nonconforming Situations. Any nonconforming lot, use, structure and/or site shall adhere to the provisions of Article 6. (h) Overlay District Requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see Article 7) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying RP district. Where RP and overlay district requirements conflict, the more restrictive requirements shall prevail. (i) Design Standards. All structures and uses shall comply with applicable design standards of Article 10, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. The RP district is intended to be located primarily on and near collector streets and arterial highways to provide for good accessibility to these uses. (j) Landscaping Regulations. All land uses in the RP zoning district shall comply with applicable provisions of Article 11. (k) Signage Regulations. All signs shall comply with applicable provisions of Article 12. (l) Performance Standards. All allowed uses in the RP zoning district shall comply with applicable performance standards of Article 13, except for any exemptions specifically stated in this Chapter or any other agency with jurisdiction. (m) Density, Intensity, and Bulk Regulations. Density, intensity, and bulk regulations specific to the RP zoning district are detailed in Figure on the following page. Article 2: Zoning Districts 64 Draft #3: October 24, 2011

73 Figure Density, Intensity, and Bulk Regulations in the RP District Density and Intensity Requirements See Article 4 for additional requirements Minimum Lot Area 20,000 square feet Maximum Floor Area Ratio 0.60 Maximum Building Coverage of Lot Minimum Landscape Surface Ratio Minimum Lot Width Minimum Street Frontage Principal Structure Bulk Requirements Minimum Front or Street Setback 50 percent 70 percent 100 feet 50 feet See Article 5 for additional requirements 25 feet Minimum Shore Yard Setback 50 feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. Minimum Interior Side Setback 25 feet Minimum Rear Setback 25 feet Minimum Pavement Setback (lot line to 5 feet pavement; excludes driveway entrances) Maximum Principal Building Height 45 feet Minimum Required Off-Street Parking Per land use, see Article 3 Additional Parking Regulations Accessory Structure Requirements Setback from Principal Structures Accessory Interior Side and Rear Setback Maximum Accessory Building Height No more than one double-loaded row of parking may be permitted between building and any street frontage Refer to Section 18-52(b) for additional requirements 10 feet 5 feet 18 feet Article 2: Zoning Districts 65 Draft #3: October 24, 2011

74 Section 18-43: Planned Development (PD) District (a) (b) Description and Purpose. This district is intended to promote improved design and innovative land uses in the Village in accordance with the Village Comprehensive Plan. This district allows variations from the typical zoning district requirements in developments that are conceived and implemented as cohesive, unified projects. In exchange, these unified projects must be developed in accordance with detailed site plans approved only following a careful review process. Areas that may be deemed appropriate for the Planned Development district include land use transitional areas, areas where a mix of land uses already exists, infill or redevelopment areas, and established or planned commercial areas. Flexible Development Standards. The following exemptions to the development standards of the underlying standard zoning district may be provided as part of the approval of a Planned Development: (1) Land Use Requirements. All residential, institutional, and business land uses listed in Article 3 may be allowed by right or by conditional use within a Planned Development. Uses proposed for a Planned Development are not limited to those allowed within the underlying standard zoning district. (2) Density, Intensity, and Bulk Requirements. All requirements listed in Articles 2, 4, and 5 for residential density and nonresidential intensity may be varied within a Planned Development. (3) Landscaping Requirements. All requirements listed in Article 11 may be varied within a Planned Development. (4) Parking and Loading Requirements. All requirements listed in Sections and may be varied within a Planned Development. Section 18-44: Neighborhood Specific Zoning Districts This section enables a process for neighborhoods to work with the Village to establish a neighborhoodspecific zoning district in order to maintain or create a desired neighborhood character, to protect of property values, and/or to preserve and protect natural resources or other unique neighborhood attributes. Procedures to establish a Neighborhood-Specific zoning district are detailed in Section Section through 18-49: Reserved Article 2: Zoning Districts 66 Draft #3: October 24, 2011

75 ARTICLE 3: LAND USE REGULATIONS Section 18-50: Purpose The purpose of this Article is to indicate which land uses may locate in each standard zoning district and under what requirements; and which land uses may not locate therein. Certain land uses may locate in a given district as a matter of right upon compliance with special regulations for such a land use. A further distinction is made for land uses which may locate in a given district only upon obtaining a conditional use permit or a temporary use permit. Section 18-51: Regulation of Allowable Uses The land uses permitted within each zoning district are established in Article 2 of this Chapter. Detailed descriptions and regulations for uses are found in Sections through Even if a land use may be indicated as permitted by right or requiring a conditional use in a particular district, such a land use may not necessarily be permitted or permissible on any or every property in such district. No land use is permitted or permissible on a property unless it can be located on it or implemented in full compliance with all of the applicable standards and regulations of this Chapter or unless an appropriate variance has been granted pursuant to Section (a) (b) (c) (d) (e) Principal Land Uses Permitted by Right. Principal land uses listed as permitted by right are permitted per the general land use requirements of this Article; per the density, intensity, and bulk regulations of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay districts; per all other applicable requirements of this Chapter; and per any and all other applicable village, county, state, and federal regulations. Principal Land Uses Permitted as Conditional Uses. Principal land uses allowed only with a conditional use permit may be permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (a), above, plus any additional requirements applicable to that particular land use imposed as part of the conditional use permit process established in Section Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. Accessory Land Uses. Accessory land uses are allowed subject to all the requirements and exemptions applicable to principal land uses permitted by right as listed in Subsection (a), above. Accessory land uses allowed only with a conditional use permit are subject to all the requirements and exemptions applicable to principal land uses requiring a conditional use permit as listed in Subsection (b), above. Temporary Land Uses. Temporary land uses are allowed on a temporary basis subject to permitting requirements in Section of this Chapter. Nonconforming Land Uses. Land uses which are not listed in a specific zoning district in Article 2 are not permitted in such zoning district, except as legal nonconforming uses (Section 18-91). Section 18-52: Regulations Applicable to All Land Uses All uses of land initiated within the jurisdiction of this Chapter on, or following, the effective date of this Chapter shall comply with all of the provisions of this Chapter. (a) Land Use Regulations. All uses of land shall comply with all the regulations and requirements of this Chapter, pertaining to the types of uses allowed within particular zoning districts. Such regulations and requirements address both general and specific regulations which land uses shall adhere to, and which are directly related to the protection of the health, safety, and general welfare of the residents of the Village of Fontana. (b) Accessory Uses. Accessory uses shall comply with the regulations and requirements of this Chapter as well as the following listed regulations. Article 3: Land Use Regulations 67 Draft #3: October 24, 2011

76 (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (1) No accessory structure or use shall be constructed on any lot prior to the establishment of an allowable principal use, unless otherwise stated in this Chapter. (2) Accessory uses shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard, except when there is a shore yard. In instances where there is a shore yard, shore yards shall be treated as front yards and street yards as rear yards, whereby accessory structures may be located between a principal building and a street frontage on the same lot. (3) With the exception of an in-home suite (see Section 18-64(e)), or accessory dwelling units (see Section 18-64(f)), in no instance shall an accessory structure, cellar, basement, tent, or recreational trailer be used as a residence. Density, Intensity, and Bulk Regulations. All land use and/or development of land shall comply with all applicable regulations of Articles 4 and 5 of this Chapter pertaining to the maximum permitted density, intensity, and bulk regulations. Nonconforming Lots, Uses, Structures, and Site Requirements. Land uses not in conformance with the requirements of the applicable zoning district shall be subject to the special limitations and exceptions as established in Article 6. Land uses located on substandard lots or on nonconforming lots or in nonconforming structures shall comply with all the regulations and requirements of Article 6. Overlay Zoning District Regulations. All land use and/or development of land shall comply with all the applicable regulations of this Chapter as established under any applicable Overlay Zoning Districts in Article 7 of this Chapter. Design Standards. All new, remodeled, and expanded residential and nonresidential development shall comply with design standards as required in Article 10 of this Chapter. Landscaping Regulations. All new, remodeled, and expanded development of land shall comply with all the regulations and requirements of Article 11 of this Chapter, pertaining to the preservation of woodlands and mature trees and provision of landscaping and bufferyards. Such requirements address issues such as minimum required landscaping of developed land and minimum required provision of bufferyards between adjoining zoning districts. Signage Regulations. All land use and/or development of land shall comply with all requirements of Article 12, pertaining to the type and amount of signage permitted on property. Performance Standards. All land use and/or development of land shall comply with applicable requirements established in Article 13 of this Chapter, pertaining to the provision of appropriate access, parking, loading, storage, swimming pools, antennas, communications towers, as well as defining acceptable levels of potential nuisances such as noise, vibration, odors, heat, glare, and smoke. Number of Buildings per Lot. In the AH-35, SR-1, SR-2, SR-4, SR-5, NB, VC, districts, only one principal building shall be permitted on any one lot. In all other districts, more than one principal building may be permitted on any one lot upon granting of a conditional use permit for group or large development regulations in compliance (Subsection (k)). Number of Principal Land Uses per Building. No more than one non-residential land use shall be permitted in any building unless a conditional use permit for a group development or large development (Subsection (k)) is obtained. With the exception of accessory dwelling units, home occupation, expanded home occupation, and in-home suite land uses, no building containing a non-residential land use shall contain a residential land use. Group and Large Development Requirements. All uses and/or development of land within a group or large development shall comply with the requirements of Section Planned Development Requirements. All uses and/or development of land within a planned development shall comply with all requirements of Section Procedural Regulations and Requirements. All land use and/or development of land shall comply with all requirements of Article 15 pertaining to the procedures necessary to secure review and approval of Article 3: Land Use Regulations 68 Draft #3: October 24, 2011

77 (o) land use and/or development. Such regulations and restrictions address both procedural and technical requirements. Site Plan Review Required. All uses are subject to site plan review and approval in accordance with Section of this Chapter, except for the following: (1) Single-family and two-family residential uses on individual lots in any zoning district. (2) Agricultural land uses which are permitted by right in any agriculture zoning district. (3) Uses within a precise implementation plan in a planned development in accordance with the procedures of Section , provided that the precise implementation plan provides a similar level of detail and range of plans as a typical site plan submittal required under this Chapter. Section 18-53: Detailed Land Use Descriptions and Regulations The land use categories employed by this Chapter are defined in Sections through Land use categories which are not listed in this Chapter are not necessarily excluded from locating within any given zoning district. Section empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this Chapter. Article 3: Land Use Regulations 69 Draft #3: October 24, 2011

78 Section 18-54: Table of Land Uses The Table of Land Uses on the following pages is provided as a convenience for the Zoning Administrator and the general public. Where there are conflicts between the text of this Chapter and the Table of Land Uses, the text shall prevail. Refer to Section for additional standards pertaining to group and large developments which are regulated as conditional uses. Agricultural Holding (AH-35) P C C C C Lakefront Residential (LR-0) Exurban Residential (SR-1) P Estate Residential (SR-2) P Neighborhood Residential (SR-4) P Village Residential (SR-5) Attached Residential (AR-6) Multi-Family Residential (MR-8) Multi-Family Residential (MR-12) Institutional (IN) Neighborhood Business (NB) Village Center (VC) Community Business (CB) Resort Business (RB) Office Park (OP) Research Park (RP) Land Uses Permitted: Refer to the detailed definitions and requirements listed for each land use on the following pages. P: Permitted by Right C: Permitted as a Conditional Use T: Permitted as a Temporary Use Residential Land Uses 18-55(#) (a) Single-Family 35 acre lot (a) Single-Family 40,000 sq. ft. lot (a) Single-Family 30,000 sq. ft. lot (a) Single-Family 15,000 sq. ft. lot (a) Single-Family 10,000 sq. ft. lot P P P (a) Single-Family 7,000 sq. ft. lot P P P (a) Single-Family 5,000 sq. ft. lot P P P C C (b) Two-Flat P P P C (c) Twin House P P P C (d) Duplex P P P P P P P P P P P P P P P (e) Townhouse 3-4 units C P (e) Townhouse 5-8 units P P (f) Multiplex 3-4 units C P (f) Multiplex 5-8 units P P (g) Apartment 3-4 units C P (g) Apartment 5-8 units C See Section (g) Apartment 9-16 units (h) Mobile Home (i) Mobile Home Subdivision (j) Mobile Home Park P P (k) Mixed Use Residential P P (l) Existing Residential Article 3: Land Use Regulations 70 Draft #3: October 24, 2011

79 Agricultural Holding (AH-35) Lakefront Residential (LR-0) Exurban Residential (SR-1) Estate Residential (SR-2) Neighborhood Residential (SR-4) Village Residential (SR-5) Attached Residential (AR-6) Multi-Family Residential (MR-8) Multi-Family Residential (MR-12) Institutional (IN) Neighborhood Business (NB) Village Center (VC) Community Business (CB) Resort Business (RB) Office Park (OP) Research Park (RP) P P P P P (a) Office Land Uses Permitted: Refer to the detailed definitions and requirements listed for each land use on the following pages. P: Permitted by Right C: Permitted as a Conditional Use T: Permitted as a Temporary Use Commercial Land Uses 18-56(#) P P P P P (b) Personal or Professional Service C (c) Artisan Studio P P P C (d) Indoor Sales or Service C C (e) Outdoor Display C C C C C (f) Indoor Entertainment C C C (g) Outdoor Entertainment C (h) In-Vehicle Sales or Service C C C C C C C C C C C (i) Bed and Breakfast Establishment C C C (j) Commercial Indoor Lodging C C C C (k) Boarding House C C C C C C C C (l) Group Daycare Center (9+ Children) C C (m) Commercial Animal Boarding C C P P P P (n) Indoor Maintenance Service C C C See Section C C (o) Outdoor Maintenance Service C (p) Vehicle Sales (q) Adult-Oriented Land Use (r) Resort Hotel (s) Tourist Rooming House Recreational Land Uses 18-57(#) (a) Campground P P P P P P P P P P P P P P (b) Passive Outdoor Recreation P P P P P P P P P P P P P P (c) Active Outdoor Recreation C C (d) Intensive Outdoor Recreation C See Section (e) Lake-Related Recreation Article 3: Land Use Regulations 71 Draft #3: October 24, 2011

80 Agricultural Holding (AH-35) Lakefront Residential (LR-0) Exurban Residential (SR-1) Estate Residential (SR-2) Neighborhood Residential (SR-4) Village Residential (SR-5) Attached Residential (AR-6) Multi-Family Residential (MR-8) Multi-Family Residential (MR-12) Institutional (IN) Neighborhood Business (NB) Village Center (VC) Community Business (CB) Resort Business (RB) Office Park (OP) Research Park (RP) Land Uses Permitted: Refer to the detailed definitions and requirements listed for each land use on the following pages. P: Permitted by Right C: Permitted as a Conditional Use T: Permitted as a Temporary Use Institutional Land Uses 18-58(#) C C (a) Indoor Institutional C C C (b) Outdoor Institutional P C P P P P P P P P P P P P P (c) Public Services and Utilities C (d) Institutional Residential P P P P P P P P P C (e) Community Living Argmt. 1-8 Res. C C C C C C P P C (f) Community Living Argmt Res. C C C See Section P C (g) Community Living Argmt. 16+ Res. Industrial Land Uses 18-59(#) (a) Light Industrial (b) Heavy Industrial C C (c) Production Greenhouse C C (d) Indoor Food Production C C C C See Section Sec P C C (e) Communication Tower (f) Large Solar Energy System (g) Large Wind Energy System Storage Land Uses 18-60(#) (a) Indoor Storage and Wholesaling (b) Outdoor Storage and Wholesaling (c) Personal Storage Facility Transportation Land Uses 18-61(#) C C C C (a) Transit Center or Park and Ride C C See Section C C (b) Distribution Center (c) Freight Terminal (d) Airport C C (e) Off-Site Parking Article 3: Land Use Regulations 72 Draft #3: October 24, 2011

81 Agricultural Holding (AH-35) C Lakefront Residential (LR-0) Exurban Residential (SR-1) Estate Residential (SR-2) Neighborhood Residential (SR-4) Village Residential (SR-5) Attached Residential (AR-6) Multi-Family Residential (MR-8) Multi-Family Residential (MR-12) Institutional (IN) Neighborhood Business (NB) Village Center (VC) Community Business (CB) Resort Business (RB) Office Park (OP) Research Park (RP) Land Uses Permitted: Refer to the detailed definitions and requirements listed for each land use on the following pages. P: Permitted by Right C: Permitted as a Conditional Use T: Permitted as a Temporary Use Extraction and Disposal Land Uses 18-62(#) (a) Extraction P C (b) Composting C C See Sec (c) Recycling and Waste Disposal (d) Salvage or Junkyard P P P P P P P P P P P P P P P (a) Cultivation C P Agricultural Land Uses 18-63(#) (b) Husbandry (c) On-Site Agricultural Retail P P P P P P P P P P P P P P P (d) Selective Cutting C C C C C C C C C C C C C C C (e) Clear Cutting C C (f) Intensive Agricultural (g) Agricultural Services C C C C C (h) Community Garden C C See Section (i) Market Garden Accessory Land Uses 18-64(#) P P P P P P P P P P P P P (a) Home Occupation C C C C C C C C C C C C C (b) Expanded Home Occupation P P P P P P P P P C C (c) Family Daycare Home 4-8 Children C C C C C C C C C C C (d) Interm. Daycare Home 9-15 Children P P P P P P P P P P (e) In-Home Suite P C C C C C C C C C (f) Accessory Dwelling Unit P C (g) Farm Residence (h) Migrant Employee Housing P P P P P P P P P P P P P P P (i) Residential Garage or Shed P P P P P P P P P P P P P P P (j) Residential Recreational Facility C C C See Section (k) Residential Kennel or Stable Article 3: Land Use Regulations 73 Draft #3: October 24, 2011

82 Agricultural Holding (AH-35) Lakefront Residential (LR-0) Exurban Residential (SR-1) Estate Residential (SR-2) Neighborhood Residential (SR-4) Village Residential (SR-5) Attached Residential (AR-6) Multi-Family Residential (MR-8) Multi-Family Residential (MR-12) Institutional (IN) Neighborhood Business (NB) Village Center (VC) Community Business (CB) Resort Business (RB) Office Park (OP) Research Park (RP) Land Uses Permitted: Refer to the detailed definitions and requirements listed for each land use on the following pages. P: Permitted by Right C: Permitted as a Conditional Use T: Permitted as a Temporary Use Accessory Land Uses 18-64(#) P P P P P P P P P P P P P P P (l) On-Site Parking P P P P (m) Company Cafeteria P P P P (n) Company On-Site Recreation C C C C C C (o) Incidental Outdoor Display C C C C C (p) Incidental Indoor Sales C C C (q) Incidental Light Industrial P P P P P P P P P P P P P P P (r) Stormwater Facilities P P P P P P P P P P P P P P P (s) Exterior Communications Device C C (t) Septic System C C C C C C C C C C C C C C C (u) Small Solar Energy System C C C C C C C C C C C C C C C (v) Small Wind Energy System P P P P P P C C C See Section (w) Incidental Recreational Equip. Storage Temporary Land Uses 18-65(#) T T T T T (a) Temporary Farm Product Sales T T T T T (b) Temporary Outdoor Sales T T T T T T T T T T T T T T T (c) Temporary Outdoor Assembly T T T T T T T T T T T T T T T (d) Temporary Storage Container T T T T T T T T T T T T T T T (e) Temporary Construction Storage T T T T T T T T T T T T T T T (f) Temporary Relocatable Building T T T T T T T T T T T T T T T (g) Garage or Estate Sale (Auction) T T T T T T T T T T T See Section (h) Farmer s Market (i) Limited Duration Special Activities and Events Article 3: Land Use Regulations 74 Draft #3: October 24, 2011

83 Section 18-55: Residential Land Uses (a) Single-Family: A fully detached single-family residence located on an individual lot having no roof, wall, or floor in common with any other dwelling unit. Single-family land uses shall adhere to the following listed regulations. (1) The dwelling unit must be a site built structure built in compliance with the Uniform Dwelling Code (UDC), or may be a manufactured dwelling as permitted by the UDC, or a manufactured home that has received a Federal Manufactured Housing Certificate label. (2) The dwelling must be attached to a finished, permanent foundation, such as a poured concrete slab or basement meeting UDC requirements. (3) This dwelling unit type may not be split into two or more residences, except for permitted accessory dwellings meeting the requirements of this Chapter. (4) The dwelling unit roof shall have a pitch of at least 3 feet in rise for every 12 feet in run, except by conditional use permit. (5) A minimum of two parking spaces shall be provided. (6) This following figure is intended to provide a sample graphic representation of setback and dimensional requirements for single-family land uses. Specific requirements are listed in Article 2 under the density, intensity, and bulk requirements for each zoning district. Key to Figure A B C D E F G H Minimum lot width (at building minimum setback line) Street setback (lot line to principal building or attached garage) Corner lot (street side) setback (lot line to principal building or attached garage) Side setback (lot line to principal building or attached garage) Rear setback (lot line to principal building or attached garage) Accessory building side and rear setback (lot line to accessory building) Minimum pavement setbacks (lot line to pavement excluding driveways entrances, etc.) Minimum principal building separation Article 3: Land Use Regulations 75 Draft #3: October 24, 2011

84 (b) Two-Flat: A single structure with two separate residences, each with a private individual access and no shared internal access. Two-flats are attached units within a two-story structure with one unit above the other. Two-flats shall adhere to the following listed regulations. (1) This dwelling unit type may not be split into additional residences. (2) Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit. (3) A minimum of two parking spaces per dwelling unit shall be provided. (4) This following figure is intended to provide a sample graphic representation of setback and dimensional requirements for two-flat land uses. Specific requirements are listed in Article 2 under the density, intensity, and bulk requirements for each zoning district. Key to Figure A B C D E F G H Minimum lot width (at building minimum setback line) Street setback (lot line to principal building or attached garage): Corner lot (street side) setback (lot line to principal building or attached garage) Side setback (lot line to principal building or attached garage) Rear setback (lot line to principal building or attached garage) Accessory building side and rear setback (lot line to accessory building) Minimum pavement setbacks (lot line to pavement excluding driveways entrances, etc.) Minimum principal building separation Article 3: Land Use Regulations 76 Draft #3: October 24, 2011

85 (c) Twin-House: This dwelling unit type consists of two separate residences, each having a private individual access, and no shared internal access. Similar to duplexes, twin-houses are attached side-byside units, each with a ground floor and roof. Unlike duplexes, twin-houses are located on a shared, single lot. Twin-houses shall adhere to the following listed regulations. (1) A Uniform Dwelling Code required fire rated wall must separate the two dwelling units from the lowest level to flush against the underside of the roof. (2) This dwelling unit type may not be split into additional residences. (3) Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit. (4) A minimum of two parking spaces per dwelling unit shall be provided. (5) This following figure is intended to provide a sample graphic representation of setback and dimensional requirements for twin-house land uses. Specific requirements are listed in Article 2 under the density, intensity, and bulk requirements for each zoning district. Key to Figure A B C D E F G H Minimum lot width (at building minimum setback line) Street setback (lot line to principal building or attached garage): Corner lot (street side) setback (lot line to principal building or attached garage) Side setback (lot line to principal building or attached garage) Rear setback (lot line to principal building or attached garage) Accessory building side and rear setback (lot line to accessory building) Minimum pavement setbacks (lot line to pavement excluding driveways entrances, etc.) Minimum principal building separation Article 3: Land Use Regulations 77 Draft #3: October 24, 2011

86 (d) Duplex: This dwelling unit type consists of two separate residences, each having a private individual access, and no shared internal access. Duplexes are attached side-by-side units, each with a ground floor and roof. Unlike twin-homes, duplex dwelling units are located on individual lots. Duplexes shall adhere to the following listed regulations. (1) A Wisconsin Commercial Code required fire rated wall must separate the two dwelling units from the lowest level to flush against the underside of the roof. (2) This dwelling unit type may not be split into additional residences. (3) Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit. (4) A minimum of two parking spaces per dwelling unit shall be provided. (5) This following figure is intended to provide a sample graphic representation of setback and dimensional requirements for duplex land uses. Specific requirements are listed in Article 2 under the density, intensity, and bulk requirements for each zoning district. Key to Figure A B C D E F G H Minimum lot width (at building minimum setback line) Street setback (lot line to principal building or attached garage): Corner lot (street side) setback (lot line to principal building or attached garage) Side setback (lot line to principal building or attached garage) Rear setback (lot line to principal building or attached garage) Accessory building side and rear setback (lot line to accessory building) Minimum pavement setbacks (lot line to pavement excluding driveways entrances, etc.) Minimum principal building separation Article 3: Land Use Regulations 78 Draft #3: October 24, 2011

87 (e) Townhouse: Attached, two-story residences, each having a private, individual access. This dwelling unit type may be located on its own lot or within a group development. Each dwelling unit shares at least one common wall with an adjacent dwelling unit. Townhouses shall adhere to the following listed regulations. (1) A Wisconsin Commercial Code required fire rated wall must separate the two dwelling units from the lowest level to flush against the underside of the roof. (2) This dwelling unit type may not be split into additional residences. (3) Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit. (4) No more than 6 and no less than 3 townhouse dwelling units may be attached per group. (5) All townhouse units within a development shall be located a minimum of 30 feet from the boundary of the development. (6) A minimum of two parking spaces per dwelling unit shall be provided. (7) This following figure is intended to provide a sample graphic representation of setback and dimensional requirements for townhouse land uses. Specific requirements are listed in Article 2 under the density, intensity, and bulk requirements for each zoning district. Key to Figure A B C D E F G Minimum lot width (at building minimum setback line) Street setback (lot line to principal building or attached garage): Corner lot (street side) setback (lot line to principal building or attached garage) Side setback (lot line to principal building or attached garage) Rear setback (lot line to principal building or attached garage) Accessory building side and rear setback (lot line to accessory building) Minimum pavement setbacks (lot line to pavement excluding driveways entrances, etc.) Article 3: Land Use Regulations 79 Draft #3: October 24, 2011

88 (f) Multiplex: This dwelling unit type consists with three or more individual attached dwelling units which have private, individual exterior entrances. Multiplexes shall adhere to the following listed regulations. (1) A Wisconsin Commercial Code required fire rated wall separating living areas from the lowest level through the roof is required between each dwelling unit. (2) This dwelling unit type may not be split into additional residences. (3) Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit. (4) No more than 8 and no less than 3 multiplex dwelling units may be attached per group. (5) All multiplex units within a development shall be located a minimum of 30 feet from the boundary of the development. (6) A minimum of one parking space per dwelling unit shall be provided. (7) This following figure is intended to provide a sample graphic representation of setback and dimensional requirements for multiplex land uses. Specific requirements are listed in Article 2 under the density, intensity, and bulk requirements for each zoning district. Key to Figure A B C D E F G Minimum lot width (at building minimum setback line) Street setback (lot line to principal building or attached garage): Corner lot (street side) setback (lot line to principal building or attached garage) Side setback (lot line to principal building or attached garage) Rear setback (lot line to principal building or attached garage) Accessory building side and rear setback (lot line to accessory building) Minimum pavement setbacks (lot line to pavement excluding driveways entrances, etc.) Article 3: Land Use Regulations 80 Draft #3: October 24, 2011

89 (g) Apartment: A single structure with three or more individual attached dwelling units which take access from a shared entrance or hallway. Apartments shall adhere to the following listed regulations. (1) A Uniform Dwelling Code required fire rated wall separating living areas from the lowest level to the underside of the roof is required between each dwelling unit. (2) This dwelling unit type may not be split into additional residences. (3) Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit. (4) No more than 8 and no less than 3 apartment dwelling units may be attached per group. (5) All apartment units within a development shall be located a minimum of 30 feet from the boundary of the development. (6) As part of the conditional use requirement for group developments, any development comprised of one or more buildings which contain 4 or more dwelling units shall provide additional site design features such as underground parking, architectural elements, landscaping, and/or on-site recreational facilities. (7) A minimum of one parking space per dwelling unit shall be provided. (8) This following figure is intended to provide a sample graphic representation of setback and dimensional requirements for apartment land uses. Specific requirements are listed in Article 2 under the density, intensity, and bulk requirements for each zoning district. Key to Figure A D F H I J L P Minimum lot width (at building minimum setback line) Corner lot (street side) setback (lot line to principal building or attached garage) Side setback (lot line to principal building or attached garage) Rear setback (lot line to principal building or attached garage) Accessory building side setback (lot line to accessory building) Accessory building rear setback (lot line to accessory building) Minimum pavement setbacks (lot line to pavement excluding driveways entrances, etc.) Parking area A Article 3: Land Use Regulations 81 Draft #3: October 24, 2011

90 (h) Mobile Home: A fully detached, single-family residence, which has not received a Federal Manufactured Housing Certificate. Mobile homes shall adhere to the following listed regulations. (1) No mobile home may be split into two or more residences. (2) Each mobile home site shall be serviced with public sewer, water, and electric service connections and shall be placed on a permanent slab or solid foundation with appropriate skirting on all sides. (3) A minimum of one parking space shall be provided by mobile home. (4) This following figure is intended to provide a sample graphic representation of setback and dimensional requirements for mobile home land uses. Specific requirements are listed in Article 2 under the density, intensity, and bulk requirements for each zoning district. Key to Figure A B C D E F G H Minimum lot width (at building minimum setback line) Street setback (lot line to principal building or attached garage) Corner lot (street side) setback (lot line to principal building or attached garage) Side setback (lot line to principal building or attached garage) Rear setback (lot line to principal building or attached garage) Accessory building side and rear setback (lot line to accessory building) Minimum pavement setbacks (lot line to pavement excluding driveways entrances, etc.) Minimum principal building separation Article 3: Land Use Regulations 82 Draft #3: October 24, 2011

91 (i) (j) (k) (l) Mobile Home Subdivision: This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Mobile home subdivisions shall adhere to the following listed regulations. (1) Each lot and mobile home unit must meet the requirements for mobile homes listed in Subsection (h), above. (2) Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible. (3) All electric, telephone, or cable television service within a mobile home park shall be underground. Mobile Home Park: This land use is a form of residential development which is exclusively reserved for individually sold or rented air right pads containing mobile home units. Mobile home parks shall adhere to the following listed regulations. (1) Each air pad and mobile home unit must meet the requirements for mobile homes listed in Subsection (h), above. (2) Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible. (3) All electric, telephone, or cable television service within a mobile home park shall be underground. Mixed Use Residential: Two or more residential dwellings within a mixed use structure, which is defined as a single building containing more than one type of land use. Typically these are 2 or more stories tall with non-residential uses on the ground floor. Both residential and non-residential uses have a clear principal use presence. A single residential unit within a mixed use situation shall be treated as an accessory dwelling unit. Mixed use residential uses shall adhere to the following listed regulations. (1) Evidence that covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, are required. (2) A minimum of one parking space per 300 square feet of gross floor area shall be provided for non-residential units. (3) A minimum of one parking space shall be provided for each dwelling unit. Existing Residential: All existing residential land uses as of the effective date of this ordinance. Section 18-56: Commercial Land Uses (a) (b) (c) Office: Exclusively indoor land uses whose primary functions are the handling of information or administrative services. Such land uses do not typically provide services directly to customers on a walk-in or on-appointment basis. Office land uses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (2) A minimum of one parking space per every 300 square feet of gross floor area shall be provided. Personal or Professional Service: Exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or appointment basis. Examples of personal or professional services include, but are not limited to, insurance or financial services, realty offices, hospitals, medical offices and clinics, veterinary clinics, barber shops, beauty shops, and related land uses. Personal or professional service land uses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (2) A minimum of one parking space per every 300 square feet of gross floor area shall be provided. Artisan Studio: A building or portion thereof used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and Article 3: Land Use Regulations 83 Draft #3: October 24, 2011

92 (d) (e) (f) related items, as either a principal use or accessory use. A studio is used by no more than 3 artists or artisans. An artisan production shop is an artisan studio used by more than 3 artists or artisans. Artisan land uses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (2) A minimum of one parking space per every 300 square feet of gross floor area shall be provided. Indoor Sales or Service: Land uses which conduct sales or display merchandise or equipment, or provide non-personal or non-professional services entirely within an enclosed building. Indoor sales or services land uses may include, but are not limited to, self-services facilities such as coin-operated laundromats. Display of products outside of an enclosed building shall instead be considered an incidental outdoor display accessory use or, if outdoor sales exceed 15 percent of the total sales area of the building(s) on the property, an outdoor display principal land use. Indoor sales or service land uses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (2) A minimum of one parking space per 300 square feet of gross floor area shall be provided. Outdoor Display: Land uses which conduct sales and display merchandise or equipment outside of an enclosed building. Outdoor display land uses may include, but are not limited to, garden centers, recreation equipment sales, monument sales, and manufactured and mobile housing sales. Such land uses do not include vehicle rental or sales (see Section 18-56(p)) or the storage or display of inoperable equipment, or other materials typically associated with a junkyard or salvage yard (see Subsection 18-62(d)). If a land use displays for sale or rent only a limited amount of product outside of an enclosed building, such use may instead be considered incidental indoor sales under Section 18-64(p). Outdoor display land uses shall adhere to the following listed regulations. (1) The area of outdoor sales shall be calculated as the area which would be enclosed by a required physical separation installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. (2) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (3) The display of items shall not be permitted in required setback areas, landscape areas, bufferyards, or permanently protected green space areas. (4) Display areas shall be separated from any circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area. (5) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts. (6) Outdoor display shall be permitted during the entire calendar year, however, if goods are removed from the display area all support fixtures used to display the goods shall be removed within 10 calendar days of the goods removal. (7) A minimum of one parking space per every 300 square feet of gross floor area shall be provided. In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below what is required by this section. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present. Indoor Entertainment: Land uses where entertainment services are provided entirely within an enclosed building. Such activities often have operating hours that extend beyond most other commercial land uses. Indoor entertainment land uses may include, but are not limited to, restaurants, taverns, theaters, health or fitness centers, indoor commercial swimming pools, all forms of training Article 3: Land Use Regulations 84 Draft #3: October 24, 2011

93 (g) (h) studios (dance, art, yoga, martial arts, etc.), bowling alleys, arcades, roller rinks, and pool halls. Indoor entertainment land uses shall adhere to the following listed regulations. (1) No customer entrance of any kind shall be permitted within 150 feet of a residentially zoned property. (2) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (3) A minimum of one parking space per every 3 patron seats or lockers, or one space per 3 persons at the maximum capacity of the establishment, whichever is greater, shall be provided. Outdoor Entertainment: Land uses where entertainment services are provided partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Outdoor entertainment land uses may include, but are not limited to, outdoor eating and drinking areas, outdoor assembly areas, outdoor swimming pools serving as accessory to a lodging facility, go car tracks, and paintball. Note that highattendance facilities oriented to non-resident users or attendees and intensively lit tournament oriented outdoor facilities are considered intensive outdoor activity land uses (see Section 18-57(d)). Outdoor entertainment land uses shall adhere to the following listed regulations. (1) Activity areas shall not be located closer than 300 feet to a residentially zoned property. (2) A bufferyard with a minimum opacity of 0.80 shall be provided along all property abutting residentially zoned property. (3) Activity areas shall not be visible from any residentially-zoned property. (4) Outdoor commercial entertainment activities proposed in a public right-of-way or on Village owned property must receive Village Board approval for such use, in addition to any required conditional use permit. (5) A minimum of one parking space for every 3 persons at the maximum capacity of the establishment shall be provided. In-Vehicle Sales or Service: Land uses where sales and/or services are provided to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity (except vehicle repair and maintenance services). Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. In-vehicle sales or service land uses may include, but are not limited to, drive-in, drive-up, and drive-through facilities, vehicular fuel stations, and all forms of car washes. If performed in conjunction with a principal land use (e.g., a convenience store, restaurant, or bank), in-vehicle sales and service land uses shall be considered an accessory use. (1) A bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property shall be provided. (2) Except where approved by conditional use permit, each drive-up lane shall have a minimum stacking length of 100 feet behind the pass through window and 40 feet beyond the pass through window. (3) The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts. (4) Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s). (5) In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this Section. (6) The setback of any overhead canopy or similar structure shall be a minimum of 10 feet from all street rights-of-way lines, a minimum of 20 feet from all residentially-zoned property lines, and shall be a minimum of 5 feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed 20 feet per the measurement of roof height. Article 3: Land Use Regulations 85 Draft #3: October 24, 2011

94 (i) (7) All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum 4 ton axle load. (8) Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports, and landscaped islands. Said curbs shall be a minimum of 6 inches high and shall be of a non-mountable design. No curb protecting an exterior fixture shall be located closer than 25 feet to all property lines. (9) Any text or logo larger than one square foot per side on an overhead canopy or other accessory structure shall be considered a freestanding sign subject to regulation under Article 12 of this Chapter. (10) Refer to the parking requirements of the other land use activities on the site, such as indoor sales and service land uses for a gas station/convenience store, or office land uses for a bank. Bed and Breakfast Establishment: Bed and breakfast establishments are indoor lodging facilities which provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities for the exclusive use of their customers. Bed and breakfast establishments shall adhere to the following listed regulations. (1) The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator/owner and said operator/owner shall live on the premises when the bed and breakfast establishment is active. (2) No premises shall be utilized for a bed and breakfast establishment unless there are at least two exits to the outdoors from such premises. (3) Rooms utilized for sleeping shall have a minimum size of 100 square feet for every 2 occupants with an additional 30 square feet for each additional occupant to a maximum of 4 occupants per room. (4) All habitable areas or rooms shall have code compliant smoke detectors/alarms and carbon dioxide detectors/alarms. (5) One lavatory and bathing facility shall be required for every 10 occupants, in addition to the owner/occupant personal facilities. (6) A bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property shall be provided. (7) If alcoholic beverages of any kind are to be served on the premises, the owner of the establishment shall first obtain the appropriate license in accordance with Village of Fontana and state regulations. (8) Each such establishment shall be inspected annually by the Building Inspector to verify that the land use continues to meet all applicable regulations. A fee for such annual inspection shall be imposed by the Village. (9) One sign, with a maximum area of 20 square feet, shall be permitted on the property. (10) Each operator shall keep a list of names of all persons staying at the bed and breakfast establishment. This list shall be kept on file for a period of one year. Such list shall be available for inspection by Village officials at any time. (11) The maximum stay for occupants of bed and breakfast operations shall be 14 consecutive days. (12) A minimum of one parking space per each bedroom in addition to requirements for principal residents shall be provided. (13) Additional Requirements. a. Application Requirements. Applicants for a license to operate a bed and breakfast shall submit a floor plan of the single-family dwelling unit illustrating that the proposed operation will comply with the requirements of this Chapter, state building codes, and other applicable Village codes and ordinances. Article 3: Land Use Regulations 86 Draft #3: October 24, 2011

95 (j) (k) (l) b. Consideration of Issuance. After the application has been filed with the Village Clerk, the Plan Commission shall review and provide a recommendation to the Village Board for a conditional use permit. The Plan Commission shall hold a public hearing and determine whether any further license shall be issued based upon the public convenience and necessity of the people in the Village. In the Village s determination of the number of bed and breakfast operations required to provide for such public convenience and necessity, the Village Board shall consider the effect upon residential neighborhoods, conditions of existing holders of licenses, and the necessity of issuance of additional licenses for public service. c. Public Nuisance Violations. Bed and breakfast operations shall not be permitted whenever the operation endangers, offends, or interferes with the safety or rights of others so as to constitute a nuisance. d. Suspension, Revocation, and Renewal. Any license issued under the provisions of this Chapter may be revoked by the Village Board for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation the compliance or non-compliance with the state law and local ordinances, the conduct of the licensee in regard to the public, and other consideration shall be weighed in determination of such issue. Commercial Indoor Lodging: Facilities which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, lounge, fitness centers, and other on-site facilities available to non-lodgers are considered accessory uses and therefore require review as a separate land use. Commercial indoor lodging land uses shall adhere to the following listed regulations. (1) No customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property. (2) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (3) Each and every room must take primary access via an individual interior door, and may not be accessed via an external balcony, porch or deck, except for emergency purposes. (4) A minimum of one parking space per bedroom, plus one space for each employee on the largest work shift, shall be provided. Boarding House: Any residential use renting rooms which do not contain private kitchen and/or bathroom facilities. Boarding houses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (2) Shall only be located in an area of transition from residential land uses to non-residential land uses, as determined by the Zoning Administrator. (3) A minimum of one parking space per each bedroom for rent, in addition to requirements for principle residents shall be provided. Group Daycare Center (9+ Children): Centers where qualified persons provide childcare services for 9 or more children. Examples include daycare centers and nursery schools. Such land uses may be operated on a for-profit or a not-for-profit basis and may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group daycare centers are considered as accessory uses and therefore require review as a separate land use. Group daycare centers shall adhere to the following listed regulations. (1) Group daycare centers shall not be located within a residential building. (2) A bufferyard with a minimum opacity of 0.50 shall be provided along all property abutting residentially zoned property. Article 3: Land Use Regulations 87 Draft #3: October 24, 2011

96 (m) (n) (o) (p) (3) A minimum of one parking space per five students, plus one space for each employee on the largest work shift shall be provided. Commercial Animal Boarding: Facilities where short-term and/or long-term animal boarding is provided, such as non-residential kennels and stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to and do not require separate consideration. Commercial animal boarding facilities shall adhere to the following listed regulations. (1) Each animal shall be provided with an indoor containment area. (2) The minimum permitted size of horse or similar riding animal stall shall be 100 square feet. (3) Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured. (4) A minimum of one parking space per employee on the largest shift, plus one additional space per every 10 stalls. Indoor Maintenance Service: Land uses which perform maintenance services, including repair, and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered an outdoor maintenance service land use (see Subsection (o)). Indoor maintenance land uses shall adhere to the following listed regulation. (1) A minimum of one parking space per 300 square feet of gross floor area shall be provided. Outdoor Maintenance Service: Land uses which perform maintenance services, including repair, and have all, or any portion, of their operations located outside of an enclosed building. Such land uses do not include the storage or display of inoperable equipment, or other materials typically associated with a junkyard or salvage yard (see Subsection 18-62(d)). Outdoor maintenance services shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (2) All outdoor activity areas shall be completely enclosed by a minimum 6 feet high fence. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and shall be screened by required bufferyard. (3) A minimum of one parking space per 300 square feet of gross floor area, or one space per each employee on the largest shift, whichever is less, shall be provided. Vehicle Sales: The outdoor display of vehicles for sale or rent and associated sales building. Such land uses also include a repair shop associated with the vehicle display lot. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a salvage or junkyard (see Subsection 18-62(d)). Vehicles sales land uses shall adhere to the following regulations. (1) The outdoor display and sales area shall be calculated as the area that would be enclosed by a required physical separation installed and continually maintained in the most efficient manner which completely encloses all vehicles displayed outdoors. (2) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (3) The display of vehicles shall not be permitted in permanently protected green space areas, required landscaped areas, or required bufferyards. (4) The display of vehicles shall not be permitted within required setback areas for the principal structure. (5) Display areas shall be separated from any circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area. Article 3: Land Use Regulations 88 Draft #3: October 24, 2011

97 (q) (6) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts. (7) Vehicle sales shall be permitted during the entire calendar year, however, if vehicles are removed from the display area, all support fixtures used to display the vehicles shall be removed within 10 calendar days of vehicles removal. (8) A minimum of one parking space per every 300 square feet of gross floor area shall be provided. In no event shall the display of vehicles reduce or inhibit the use or number of parking stalls provided on the property below what is required by this section. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present. Adult-Oriented Land Uses: Adult-oriented land uses. (1) Note: The incorporation of this land use into this Chapter is designed to reflect the Village Board s official finding that adult-oriented land uses have a predominant tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other similar jurisdictions. Specifically, the Village Board is concerned with the potential for such uses to limit the attractiveness of nearby locations for new development, the ability to attract and/or retain customers, and the ability to market and sell nearby properties at a level consistent with similar properties not located near such facilities. It is explicitly not the intent to suppress free expression by unreasonably limiting alternative avenues of communication but rather to balance the need to protect free expression opportunities with the need to implement the Village s Comprehensive Plan and protect the character and integrity of its commercial and residential neighborhoods.) (2) Definitions. As used in this subsection, the following terms shall have the meanings indicated: a. Adult-oriented land uses or adult oriented establishments: Includes, but is not limited to, adult bookstores, adult motion-picture theaters, adult mini motion-picture establishments or adult cabarets. Includes any premises to which public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. b. Adult bookstore: An establishment having as a substantial or significant portion of its stockin-trade, for sale, rent, lease, inspection or viewing, books, films, videocassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or related to specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale, rent, or display of such material. c. Adult motion-picture theater: An enclosed building with a capacity of 50 or more persons used for presenting materials distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein. d. Adult mini motion-picture theater: An enclosed building with a capacity of 50 or fewer persons used for presenting materials distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein. e. Adult cabaret: A cabaret which features topless dancers, strippers, male or female impersonators, or similar entertainers. f. Adult entertainment: Any exhibition of any motion pictures, live performances, display or dance of any type which has as its dominant theme or is distinguished or characterized by an Article 3: Land Use Regulations 89 Draft #3: October 24, 2011

98 (r) emphasis on an actual or simulated specified sexual activities or specified anatomical areas, as defined below. g. Specified sexual activities (simulated or actual): 1. Showing of human genitals in a state of sexual stimulation or arousal; 2. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus; and/or 3. Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts. h. Specified anatomical areas: Less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below the point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if opaquely covered. (3) Location of adult-oriented establishments. a. Adult-oriented establishments shall only be allowed as a conditional use, provided that such establishments are not located within 500 feet of any residential zone, any public or private school, church, religious institution, or any public park, and shall not be located within 500 feet of any other adult-oriented establishment. b. Adult-oriented establishments, as defined above, are prohibited in all zoning except the AH- 35 districts. (4) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property. (5) Exterior building appearance and signage shall be designed to ensure that the use does not detract from the ability of businesses in the vicinity to attract customers nor affect the marketability of properties in the vicinity for sale at their assessed values. (6) The distances provided in this section shall be measured in a straight line without regard to intervening structures or objects from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the adult-oriented establishment to the nearest point of the parcel or property or land use district boundary relined from which the proposed land use is to be separated. (7) In all zones where adult-oriented establishments are permitted, all regulations and requirements of this chapter must be met. Additionally, all provisions of the zoning district in which the establishment is located must be met. (8) The sections of this subsection are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specified section or portion thereof directly specified in the decision and not affect the validity of all other provisions, sections or portions thereof of the subsection, which shall remain in full force and effect. (9) A minimum of one parking space per 300 square feet of gross floor area or one space per person at the maximum capacity of the establishment (whichever is greater) shall be provided. Resort Hotel: Facilities which provide transient overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Resort hotel facilities may include, but are not limited to, the following additional uses or activities: commercial indoor lodging, indoor entertainment, outdoor entertainment, gate shows, indoor sales or service, personal or professional service, artisan studio, office, group daycare center, commercial animal boarding, passive outdoor recreation, active outdoor recreation, intensive outdoor recreation, lake-related recreation, off-site parking, and limited duration special activities and events. Resort hotels may include, but are not limited to, the following facilities: meeting rooms, game rooms, restaurants, indoor and outdoor swimming pools, salons, health spas, studios, auditoriums, night clubs, lounges, convention and exhibition halls, bowling alleys, cinemas, theaters, gift shops, travel and ticket agencies, and other similar facilities designed primarily as adjuncts to and principally serving the occupants and guests of the resort. Resort hotels shall adhere to the following listed regulations. Article 3: Land Use Regulations 90 Draft #3: October 24, 2011

99 (s) (1) Resort hotels shall not be used as primary or secondary residences. (2) Resort hotels shall adhere to the regulations of the See the Resort Business District for regulations (see Section 18-40). Tourist Rooming House: A dwelling unit available to a single party for overnight, weekend, or weekly stays by paying guests which may or may not be owner occupied for part of the year. These uses are often referred to as vacation rental homes and include timeshare units. Tourist rooming houses shall adhere to the following listed regulations. (1) Occupancy shall be limited to two persons per bedroom, plus an additional two persons. At no time may the number of guests exceed eight regardless of the number of bedrooms in the dwelling unit. (2) The maximum stay for any party other than the owner of the premises shall be 30 consecutive days. (3) The number of guest vehicles allowed on site is limited to the number of bedrooms in the unit. On street parking is prohibited. No recreational vehicle or tent may be used for living or sleeping purposes. (4) The appearance of the dwelling shall not be altered in a manner that would cause the premise to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, odors, dust, or vibrations the can carry beyond the premises. (5) The availability of the tourist rooming house to the public shall not be advertised on site. (6) The tourist rooming house must be licensed by the State of Wisconsin. (7) A minimum of one parking space shall be provided for each bedroom. Section 18-57: Recreational Land Uses (a) (b) (c) Campground: Facilities designed for overnight accommodation of persons in tents, travel trailers, recreational vehicles, or other mobile or portable shelters. Campgrounds shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.70 shall be provided along all property abutting residentially zoned property. (2) A minimum of 1 ½ one parking spaces shall be provided per campsite. Passive Outdoor Recreation: Recreational land uses, located on public or private property, where passive recreational activities are provided. Passive outdoor recreation land uses may include, but are not limited to, arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails, picnic areas, picnic shelters, botanical gardens, fishing areas, and similar land uses. (1) A minimum of one parking space per four expected patrons at maximum capacity shall be required. Active Outdoor Recreation: Recreational land uses, located on public or private property, where lowimpact, active recreational activities are provided. Active outdoor recreation land uses may include, but are not limited to, play courts (e.g., tennis and basketball courts), playfields (e.g. ball diamonds, football fields, and soccer fields), neighborhood parks, tot lots, swimming beach areas, fitness courses, golf courses, and incidental land uses such as concession stands, public restrooms, and beach shower facilitiessimilar land uses. Note that high-attendance facilities oriented to non-resident users or attendees and intensively lit tournament-oriented outdoor facilities are considered intensive outdoor activity land uses (see Section 18-57(d)). Active outdoor public recreation land uses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.60 shall be provided along all property abutting residentially zoned property and for any facility requiring night lighting. (2) All structures and active recreational areas shall be located a minimum of 50 feet from any residentially zoned property. Article 3: Land Use Regulations 91 Draft #3: October 24, 2011

100 (d) (e) (3) Facilities serving a regional or community-wide function shall provide an off-street passenger loading area if the majority of the users will be children. (4) A minimum of one parking space per every 4 expected patrons at maximum capacity shall be provided; however, the following specific parking requirements may apply. a. Tennis court: Two spaces per court. b. Golf course: 36 spaces per 9 holes, plus one space per employee on the largest work shift, plus 50 percent of spaces otherwise required for any accessory uses (e.g., bars, restaurant). Intensive Outdoor Activity: Land uses, located on public or private property, that require intensive lighting and generate regional traffic and noise beyond property lines. Intensive outdoor activity land uses may include, but are not limited to, amusement parks, water parks, fairgrounds, outdoor stadiums, race tracks, ski hills, drive-in theaters, miniature golf, driving ranges, and tournament-oriented athletic facilities. Intensive outdoor public recreation land uses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 1.0 shall be provided along all property abutting residentially zoned property and for any facility requiring night lighting. (2) Facilities serving a regional or community-wide function shall provide an off-street passenger loading area if the majority of the users will be children. (3) A minimum setback of 100 feet shall be required to any activity area other than parking. (4) A minimum of one space per 4 expected patrons at maximum capacity shall be provided. Lake-Related Recreation: Lake-related recreational facilities such as marinas and yacht clubs, bait shops, boat launching ramps, boat slips, boat storage, docking facilities, liveries, and boat repair and maintenance facilities, including gasoline pumps for marine use. Lake-related recreation land uses shall adhere to the following listed regulations. (1) Outdoor lighting installations shall be so located and shielded that no objectionable glare or excessive illumination is cast upon adjoining property. (2) A minimum of one parking space per every 4 expected patrons at maximum capacity shall be provided. Section 18-58: Institutional Land Uses (a) Indoor Institutional: Indoor public and not for profit recreational facilities (such as gyms, indoor swimming pools, libraries, museums, and community centers), schools, churches, nonprofit clubs, nonprofit fraternal organizations, convention centers, jails, prisons, and similar land uses. Indoor institutional land uses shall adhere to the following listed regulations. (1) An off-street passenger loading area shall be provided if the majority of the users will be children (as in the case of a school, church, library, or similar land use). (2) All structures shall be located a minimum of 50 feet from any residentially zoned property. (3) Generally, a minimum of one space per 3 expected patrons at maximum capacity shall be provided; however, the following specific requirements may apply. a. Church: One space per 5 seats at the maximum capacity. b. Community or recreation center: One space per 300 square feet of gross floor area, or one space per 4 patrons to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift. c. Funeral home: One space per 3 patron seats at the maximum capacity, plus one space per employee on the largest work shift. d. Library or museum: One space per 300 square feet of gross floor area or one space per 4 seats to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift. e. Elementary and junior high: One space per 2 employees. f. Senior high: One space per 2 employees, plus 30 percent of maximum capacity. Article 3: Land Use Regulations 92 Draft #3: October 24, 2011

101 (b) (c) (d) (e) g. College or trade school: One space per staff member on the largest work shift, plus one space per 2 students of the largest class attendance period. Outdoor Institutional: Privately held permanently protected green space areas, cemeteries, and open grassed areas not associated with any particular recreational. Outdoor institutional land uses shall adhere to the following listed regulations. (1) All structures shall be located a minimum of 50 feet from any residentially zoned property. (2) No parking is required for outdoor open space institutional land uses; however, for uses accessory to cemeteries (e.g., cemeteries or mausoleums), parking may be required per the recommendation of the Plan Commission or Zoning Administrator. Public Service and Utilities: All village, county, state, and federally owned facilities (except those otherwise treated in this Chapter), emergency service facilities (e.g. fire departments and rescue operations), wastewater treatment plants, public and/or private utility substations, water towers, utility and public service related distribution facilities, public parking lots, and similar land uses. Public service and utility land uses shall adhere to the following listed regulations. (1) All structures shall be located a minimum of 20 feet from any residentially zoned property. (2) Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property. (3) The exterior of all buildings shall be compatible with the exteriors of surrounding buildings. (4) All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of (5) A minimum of one parking space per employee on the largest work shift shall be provided, plus one space per company vehicle normally stored or parked on the premises. Institutional Residential: A form of residential development designed to accommodate residential uses such as senior housing, retirement homes, assisted living facilities, nursing homes, hospices, group homes, convents, monasteries, dormitories, nursing homes, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements (see Section 18-58(e), (f), (g)). Institutional residential land uses shall adhere to the following listed regulations. (1) No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. (2) Project shall provide an off-street passenger loading area at a minimum of one location within the development. (3) A minimum of 30 percent of the development s gross site area shall be held as permanently protected green space. (4) The following parking requirements shall apply. a. Senior housing or retirement housing: One half space per dwelling unit. b. Assisted living or limited care facility: One space per 2 dwelling units. c. Monastery, convent, or dormitory: One space per 6 residents, plus one space per employee on the largest work shift, plus one space per 5 chapel seats if the public may attend. d. Nursing home or hospice: One space per 4 patient beds, plus one space per 2 employees on the largest work shift, plus one space per doctor. Community Living Arrangement (1-8 Residents): Facilities provided for in 46.03(22), Wis. Stats., including child welfare agencies, group homes for children, foster homes, treatment foster homes, adult family homes, and community-based residential facilities. Community living arrangements do not include group daycare centers, nursing homes, hospitals, prisons, or jails (see Section 18-58(d)). Community living arrangement facilities are regulated depending upon their capacity as provided for in 62.23(7)(i), Wis. Stats., provided any such regulations do not violate federal or state housing or anti- Article 3: Land Use Regulations 93 Draft #3: October 24, 2011

102 (f) (g) discrimination laws. Community living arrangements housing up to 8 residents shall adhere to the following listed regulations. (1) No community living arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity unless the Plan Commission and Village Board agree to a reduction in spacing. (2) The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the Village shall not exceed one percent of the Village s population (unless specifically authorized by the Village Board following a public hearing). (3) Foster homes housing 4 or fewer children and licensed under 48.62, Wis. Stats., shall not be subject to (1), above, and shall not be subject to or count toward the total arrived at in (2), above. (4) A minimum of 3 parking spaces shall be provided. Community Living Arrangement (9-15 Residents): See description under Subsection (e), above. Community living arrangements housing 9 to 15 residents shall adhere to the following listed regulations. (1) No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity unless the Plan Commission and Village Board agree to a reduction in spacing. (2) The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the Village shall not exceed one percent of the Village s population (unless specifically authorized by the Village Board following a public hearing). (3) A minimum of 3 parking spaces shall be provided, plus one space for every 3 residents over 8 residents. Community Living Arrangement (16+ Residents): See description under Subsection (e), above. Community living arrangements housing 16 or more residents shall adhere to the following listed regulations. (1) No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity unless the Plan Commission and Village Board agree to a reduction in spacing. (2) The total capacity of all community living arrangements (of all capacities) in the Village shall not exceed one percent of the Village s population (unless specifically authorized by the Village Board following a public hearing). (3) A minimum of 3 parking spaces shall be provided, plus one space for every 3 residents over 8 residents. Section 18-59: Industrial Land Uses (a) Light Industrial: Industrial land uses where all operations (with the exception of loading operations) are conducted entirely within an enclosed building. Light industrial uses do not emit odor, noise, heat, vibration, and radiation which are detectable at the property line; do not pose a significant safety hazard (such as danger of explosion); and comply with applicable performance standards in Article 10. Light industrial land uses may conduct indoor sales as an accessory use provided that the requirements of Subsection 18-64(p) are complied with. Light industrial land uses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.80 shall be provided along all property abutting residentially zoned property. (2) All activities, except loading and unloading, shall be conducted entirely within the confines of a building. (3) In no instance shall loading and unloading areas be located within a required setback or bufferyard. Article 3: Land Use Regulations 94 Draft #3: October 24, 2011

103 (b) (c) (d) (4) A minimum of one parking space per each employee on the largest work shift shall be provided. Heavy Industrial: Industrial land uses where operations may be wholly or partially located outside of an enclosed building. Heavy industrial uses have the potential to create certain nuisances which are detectable at the property line and may involve materials which pose a significant safety hazard. Examples of heavy industrial land uses include production of meat, paper, pulp, paperboard, chemicals, allied products (except drug producers), fertilizers, petroleum, coal, asphalt, concrete, cement, stone, clay, glass, primary metal, heavy machinery, electrical distribution equipment, electrical industrial apparatus, or transportation vehicles. Heavy industries may also include, but are not limited to, tanneries, commercial sanitary sewage treatment plants, railroad switching yards, recycling facilities not involving the on-site storage of salvage materials, and large-scale alcoholic beverage producers exceeding the production limits in Chapter 125, Wis. Stats. Heavy industrial land uses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 1.0 shall be provided along all borders of the property abutting property that is not zoned RP, with the exception of adjacent land held in permanent open space. (2) All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned property. (3) No equipment or materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements. (4) In no instance shall a heavy industrial land use exceed performance standards listed in Article 13. (5) A minimum of one space per each employee on the largest work shift shall be provided. Production Greenhouse: Any business whose principal activity is the growing and wholesaling of plants or plant byproducts (not including fruits and vegetables) that are either grown or stored within an enclosed building or structure constructed chiefly of glass or glasslike material, cloth, or other transparent material. Such uses also often involve the seasonal display of plants and related products outdoors. Production greenhouses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.60 shall be provided along all borders of outdoor display areas abutting residentially zoned property. (2) The outdoor display of items shall not be permitted in required setbacks, bufferyards, or landscaped areas. (3) Storage and/or outdoor display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area. (4) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts. (5) A minimum of one parking space per every 300 square feet of gross floor area shall be provided. In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below what is required by this section. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present. Indoor Food Production: Any business whose principal activity is the production and wholesaling of fruits and vegetables that are grown on-site within an enclosed building or structure. Such uses also often involve the seasonal display of plants and related products outdoors. Indoor food production also includes, but is not limited to, the farming of aquatic organisms (plants and animals) under controlled conditions, and which is located entirely within an enclosed building and utilizes recirculating (closed) system technology. Such operations may also incorporate aquaponics, which is the symbiotic cultivation of plants and aquatic organisms in a reticulating system. Indoor food production land uses shall adhere to the following listed regulations. Article 3: Land Use Regulations 95 Draft #3: October 24, 2011

104 (e) (1) All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls and fencing shall be a minimum of 8 feet in height and shall be designed to completely screen all stored materials or products from view of non-industrialized areas at an elevation of 5 feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of (2) Storage and/or outdoor display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area. (3) All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property. (4) Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts. (5) Indoor aquaculture operations shall be connected to the municipal water and sanitary sewer system and all wastewater shall be discharged to the municipal sanitary sewer system. (6) Prior to the issuance of a conditional use permit, applicants wishing to establish indoor aquaculture operations shall prepare a report outlining the estimated average daily water usage and quantity of wastewater discharge. Such report shall be reviewed and approved by the Public Works Director. (7) On-site processing of seafood is permitted provided the activity is conducted entirely within an enclosed building and no odors are detectable from the property line. (8) The on-site retail sale of seafood or vegetables shall be considered incidental indoor sales subject to the provisions of Section 18-64(p), provided the area devoted to sales does not exceed 25 percent of the total area of the building(s) within which the operation is located. Retail areas that exceed 25 percent of the total area of the building(s) within which the operation is located shall be considered an indoor sales and service principal land use. (9) On-site composting shall be permitted, provided compost areas are fully screened on all 4 sides, and composting facility complies with all county, state, and federal rules, regulations, and permitting requirements. (10) The following specific parking requirements shall apply. In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below what is required by this section. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present. a. Indoor aquaculture: One space for each 500 square feet of principal building area. b. Wholesale greenhouses: One space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift. Communication Tower: All free-standing broadcasting, receiving, or relay structures, and similar principal land uses; and any office, studio, or other land uses directly related to the function of the communications device. Communication towers shall adhere to the following standards. (1) Communication towers shall be erected and installed in accordance with the state electrical code adopted by reference in Section et seq., National Electrical Safety Code, Federal Communications Commission, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. (2) Communication towers shall adhere to performance standards and requirements included in Section (3) A minimum of one parking space per employee on the largest work shift shall be provided. Article 3: Land Use Regulations 96 Draft #3: October 24, 2011

105 (f) (g) Large Solar Energy System: A large energy system that converts solar energy to usable thermal, mechanical, chemical, or electrical energy, where such solar energy system is typically a principal use of the land and designed primarily to generate energy for commercial sale off-site. (1) Rooftop, ground-mounted, and building-mounted large solar energy systems shall comply with the height limits and minimum required yards for principal structures. (2) Large solar system structures shall be finished in a rust-resistant, non-obtrusive finish and color that is non-reflective. (3) All electrical connections shall be located underground or within a building. (4) No large solar energy system shall be lighted unless required by the Federal Aviation Administration. (5) Clearing of natural vegetation for the purposes of installing a large solar energy system shall be limited to that which is necessary for the construction, operation and maintenance of the large solar energy system and as otherwise prescribed by applicable laws, regulations, and ordinances. (6) All access doors or access ways and electrical equipment shall be lockable. (7) A large solar energy system shall require a building permit before installation. Building permit applications shall include the following information in addition to that required by the Building Code: a. A site plan drawn to scale showing the location of the proposed large solar energy system and per the requirements of Section b. Elevations of the site drawn to scale showing the height, design, and configuration of the large solar energy system and the heights of all existing structures, buildings and electrical lines in relation to property lines and their distance from the small solar energy system. c. A standard foundation design along with specifications for the soil conditions at the site. d. Specific information on the type, size, rated power output, performance, and safety characteristics of the system, including the name and address of the manufacturer, model, and serial number. e. A description of emergency and normal shutdown procedures. f. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes and this subsection. g. Evidence that the provider of electrical service to the property has been notified of the intent to install an interconnected electricity generator, except in cases where the system will not be connected to the electricity grid. h. Evidence of compliance with Federal Aviation Administration requirements. (8) The requirements of Wisconsin Statutes, including but not limited to Sections and , shall apply to all large solar energy systems. Large Wind Energy System: A large wind energy system is one or more turbine which will be used primarily to generate power for off-site consumption, or any turbine with a rating in excess of 60 kwh. Large wind energy systems shall adhere to the following listed standards. (1) No large wind energy system shall be erected on any parcel less than 10 acres in size. (2) The total height of a large wind turbine shall not exceed 175 feet. (3) Turbines shall be set back from the nearest property line and public road right-of-way not less than 1.1 times the its total height. (4) No turbine shall be located within 1,000 feet of a property line of a platted subdivision, park, church, or school. (5) A minimum of one space shall be provided for each employee on the largest work shift plus vehicle needed for ongoing maintenance. (6) Design Standards. Article 3: Land Use Regulations 97 Draft #3: October 24, 2011

106 a. The design of the tower supporting each turbine shall be of a monopole or freestanding design without guy wires. b. The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 30 feet above the maximum permitted height of a principal structure within 100 feet from the tower. c. No tower shall have a climbing apparatus within 12 feet of the ground. All access doors or access ways to towers and electrical equipment shall be lockable. d. No turbine shall exceed 70 dba as measured at the property line or 50 dba as measured at the nearest adjacent residentially zoned property or neighboring inhabitable building. e. Each turbine shall be finished in a rust-resistant, non-obtrusive finish and color that is nonreflective. f. Turbines shall not be lighted unless required by the FAA. g. Signs of any kind or nature whatsoever are not permitted on any turbine. h. All electrical connections shall be underground and comply with all applicable codes; public utility requirements; PSC 119 Rules for Interconnecting Distributed Generation Facilities; PSC Forms 6027 and 6028 Standard Distributed Generation Application Form; and PSC Forms 6029 and 6030, Distributed Generation Interconnection Agreement. i. Each turbine shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant impact on neighboring or adjacent uses either through siting or mitigation. j. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind energy system and its various components, and as otherwise prescribed by applicable laws, regulations, and ordinances. (7) Conditional Use Permit Application Requirements. Conditional use applications for a large wind energy system shall include the following information in addition to that required under Section a. Site plan to scale showing the location of the proposed wind energy system and the locations of all existing buildings, structures, public right-of-ways and property lines along with distances. b. Elevations of the site to scale showing the height, design and configuration of the wind energy system and the height and distance to all existing structures, buildings and electrical lines in relation to property lines. c. Standard drawings and an engineering analysis of the systems tower including weight capacity. d. A standard foundation design along with soil conditions and specifications for the soil conditions at the site. e. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system including the name and address of the manufacturer, model and serial number. f. Emergency and normal shutdown procedures. g. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes. h. Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator unless the system will not be connected to the electricity grid. i. Sound level analysis prepared by the wind turbine manufacturer or qualified engineer. j. Estimated cost to physically remove the turbine to comply with surety standards. k. Evidence of compliance with Federal Aviation Administration requirements. l. Liability insurance coverage in the amount of $1,000,000 of which the Village of Fontana shall be the certificate holder. Article 3: Land Use Regulations 98 Draft #3: October 24, 2011

107 m. Discontinuance of Operation and Abandonment. 1. At such time that a large wind energy system is scheduled to be discontinued, the applicant shall notify the Zoning Administrator by certified U.S. mail of the proposed date of discontinuance of operation. 2. The owner shall physically remove turbine(s) within 120 days of discontinuance of operation. This period may be extended at the request of the owner and the discretion of the Village Board. Physically remove shall mean removal of the wind turbines, towers, and related above grade structures and restoration of the location of the wind energy system to its natural condition, except that any landscaping, grading or below grade foundation may remain in the after conditions. 3. In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out of service for a continuous period of 120 days. After the 120 days of inoperability, the Zoning Administrator may issue a Notice of Abandonment to the owner of the wind energy system. The owner shall have the right to respond to the Notice of Abandonment within 30 days from notice receipt date. The Zoning Administrator shall withdraw such notice if the owner provides information that demonstrates the wind energy system has not been abandoned. 4. If the owner fails to respond to the Notice of Abandonment or if after review by the Zoning Administrator it is determined that the wind energy system has been abandoned or discontinued, the owner of the wind energy system shall remove the wind turbine, tower and related above grade structures at the owner s expense within 90 days of receipt of the Notice of Abandonment. If the owner fails to physically remove the wind energy system after the Notice of Abandonment procedure, the Village or their designee shall have the authority to enter the subject property and physically remove the wind energy system. 5. The Village shall have the authority to require the applicant to provide a form of surety (i.e., post a bond, letter of credit or establish an escrow account or by other means) at the time of construction to cover costs associated with the removal in the event the Village must remove the large wind energy system. The applicant shall submit a fully inclusive estimate of the costs associated with the removal, prepared by a qualified engineer. The amount shall include a mechanism to accommodate the rate of inflation over 15 years. Section 18-60: Storage Land Uses (a) (b) Indoor Storage and Wholesaling: Land uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Indoor storage and wholesaling land uses may include, but are not limited to, conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per Subsection 18-64(p). Indoor storage and wholesaling uses shall adhere to the following standard. (1) A minimum of one parking space per every 2,000 square feet of gross floor area shall be provided. Outdoor Storage and Wholesaling: Land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Outdoor storage and wholesaling land uses may include, but are not limited to, contractors storage yards, equipment yards, lumber yards, coal yards, landscaping material yards, construction material yards, and shipping material yards. Such land uses do not include the storage of inoperable vehicles or equipment, or other materials typically associated with a junkyard or salvage yard Article 3: Land Use Regulations 99 Draft #3: October 24, 2011

108 (c) (see Section 18-62(d)). Outdoor storage and wholesaling land uses shall adhere to the following listed regulations. (1) All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and fencing. Such walls and fencing shall be a minimum of 8 feet in height and shall be designed to completely screen all stored materials from view from nonindustrialized areas at an elevation of 5 feet above the grade of all adjacent properties and rightsof-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of (2) The storage of items shall not be permitted in required frontage landscaping areas, bufferyard areas, or permanently protected green space areas. (3) Storage areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area. (4) Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts. (5) A minimum of one parking space for every 10,000 square feet of gross storage area shall be provided, plus one space per each employee on the largest work shift. In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below what is required by this section. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present. Personal Storage Facility: Land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned storage area (also known as miniwarehouses ). Such storage areas may be available on either a condominium or rental basis. Personal storage facilities shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 0.80 shall be provided along all property borders abutting residentially zoned property. (2) The facility shall be designed so as to minimize adverse visual impacts on nearby developments. The color, exterior materials, and orientation of proposed buildings and structures shall complement surrounding development. (3) No electrical power shall be run to the storage facilities, except for exterior lighting. (4) A minimum of one parking space for each employee on the largest work shift shall be provided. Section 18-61: Transportation Land Uses (a) Transit Center or Park and Ride: A building, structure, and/or area designed and used for the purpose of loading, unloading, or transferring passengers or accommodating the movement of passengers from one mode of transportation to another. Examples include, but are not limited to, bus stations, train stations, and park and ride stations. Transit centers or park and ride facilities shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 1.0 shall be provided along all property borders abutting residentially zoned property. (2) All buildings, structures, outdoor storage and any other activity areas, except employee and passenger parking, shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property. (b) (3) Sufficient parking shall be provided to accommodate parking needs. Distribution Center: Facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets Article 3: Land Use Regulations 100 Draft #3: October 24, 2011

109 (c) (d) (e) associated with this use shall be considered accessory uses per Subsection 18-64(p). Distribution centers shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 1.00 shall be provided along all property borders abutting residentially zoned property. (2) All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property. (3) In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas. (4) A minimum of one parking space per each employee on the largest work shift shall be provided. Freight Terminal: Land and buildings representing either end of one or more truck carrier line(s) which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities, principally serving several or many businesses requiring trans-shipment. Freight terminals shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 1.00 shall be provided along all property borders abutting residentially zoned property. (2) All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property. (3) In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas. (4) A minimum of one parking space per each employee on the largest work shift shall be provided. Airport: Transportation facilities providing takeoff, landing, servicing, storage, and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this Chapter shall occur only in conjunction with an approved airport. Airports shall adhere to the following listed regulations. (1) All buildings, structures, outdoor airplane or helicopter storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines. (2) A bufferyard with a minimum opacity of 1.00 shall be provided along all borders of the property not otherwise completely screened from activity areas by buildings or structures. (3) All airports shall adhere to applicable regulations of the Bureau of Aeronautics. (4) A minimum of one parking space per each employee on the largest work shift, plus one space per every 5 passengers based on average daily ridership. Off-Site Parking: Areas used for the temporary parking of vehicles which are fully registered, licensed, and operable. Off-site parking may also include a structure for the control and regulation of the parking facility. Off-site parking facilities shall adhere to the following regulations. (1) A bufferyard with a minimum opacity of 0.80 shall be provided along all property borders abutting residentially zoned property. (2) Access and vehicular circulation shall be designed so as to discourage cut-through traffic. Section 18-62: Extraction and Disposal Land Uses (a) Extraction: Land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities. Extraction land uses shall adhere to the following listed regulations. (1) Extraction operations shall receive approval from the county prior to action by the Village of Fontana, and shall comply with all county, state, and federal regulations. Article 3: Land Use Regulations 101 Draft #3: October 24, 2011

110 (b) (c) (d) (2) A bufferyard with a minimum opacity of 1.00 shall be provided along all borders of the property other than permanent open space. (3) All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines. (4) Site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110 percent of the costs determined to be associated with said restoration (as determined by a third party selected by the Village), shall be filed with the Village by the petitioner (subject to approval by the Zoning Administrator), and shall be held by the Village for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for publicly-owned waste disposal facilities). (5) A minimum of one parking space per each employee on the largest work shift shall be provided. Composting: Land uses devoted to the collection, storage, processing, and/or disposal of vegetation. Composting land uses do not include individual residential composting systems. Composing land uses shall adhere to the following listed regulations. (1) Composting facilities shall comply with all county, state, and federal regulations. (2) A bufferyard with a minimum opacity of 1.00 shall be provided along all borders of the property occupied by non-agricultural land uses. (3) All buildings, structures, and activity areas shall be located a minimum of 100 feet from all lot lines. (4) No food scraps or other vermin-attracting materials shall be processed, stored, or disposed of on-site. (5) Operations shall not involve the on-site holding, storage, or disposal of hazardous wastes as defined by State Statutes in any manner. (6) A minimum of one parking space for each employee on the largest work shift shall be provided. Recycling and Waste Disposal: Recycling facilities are those land uses devoted to the collection and distribution of recyclable materials. Recycling does not include the on-site storage of salvage materials. Waste disposal includes any facility and/or areas used for the disposal of solid wastes including those defined by Wisconsin Statutes (33), but not including composting operations (see Section 18-62(b), above). Recycling and waste disposal facilities shall county, state, and federal regulations and adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 1.00 shall be provided along all borders of the property. (2) All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines. (3) Operations shall not involve the on-site holding, storage, or disposal of hazardous materials as defined by State Statutes in any manner. (4) Site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110 percent of the costs determined to be associated with said restoration (as determined by a third party selected by the Village), shall be filed with the Village by the petitioner (subject to approval by the Village Administrator), and shall be held by the Village for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for recycling and waste disposal facilities owned by public agencies). (5) A minimum of one parking space for each employee on the largest work shift shall be provided. Salvage or Junkyard: Any land or structure used for a salvaging operation including, but not limited to, the above ground, outdoor storage and/or sale of waste paper, rags, scrap metal, and any other Article 3: Land Use Regulations 102 Draft #3: October 24, 2011

111 discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperable vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use. Salvage or junkyard land uses shall adhere to the following listed regulations. (1) A bufferyard with a minimum opacity of 1.00 shall be provided along all property borders abutting residentially zoned property. (2) In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas. (3) All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 50 feet from all roads and 100 feet from all lot lines. (4) Facility shall not involve the storage, handling, or collection of hazardous materials as defined by State Statutes. (5) A minimum of one parking space for every 20,000 square feet of gross storage area shall be provided, plus one space for each employee on the largest work shift. Section 18-63: Agricultural Land Uses (a) Cultivation: Operations primarily oriented to the on-site, outdoor raising of plants for commercial purposes. This land use includes the raising of trees as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals which are located offsite. Cultivation land uses shall adhere to the following listed regulations. (1) On buildable lots, cultivation areas shall not exceed 20 percent of the lot s area. (2) Cultivation areas shall not be located within the required front yard or street yard of any buildable or developed lot. (3) Re-establishment or new establishment of cultivation shall be subject to the following additional requirements: a. Cultivation may only be re-established within the AH-35 district. b. Once discontinued for a period of 12 months, cultivation shall not be re-established except with the granting of a conditional use permit, and shall be limited to hay crops. c. The applicant shall provide a site plan that clearly depicts the area proposed for cultivation and all structures and land uses on all adjoining properties. A current air photo may be used as a base map for this site plan. All distances from the area to be cultivated to all property lines and structures on adjoining properties shall be measured and labeled on said site plan. d. The applicant shall provide a written plan of operation describing the proposed general timing and frequency of any and all farming activities involving mechanized equipment. The plan of operation shall list the times of operation of mechanized equipment, including earliest and latest times during the day and likely months of mechanized activity. Said plan of operation shall also list any and all chemicals to be used. (4) A minimum of one parking space per employee on the largest work shift shall be provided. (Note: customer parking shall be provided based on land use; agricultural land uses are hereby (b) made exempt from the surfacing requirements of Section ). Husbandry: Operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (defined in Section 18-13) per acre. This includes, but is not limited to, horses, cattle, sheep, goats, llamas (and related species), deer, antelope, swine, foul (including chickens, turkeys, ducks, geese, peacocks, guinea hens, game birds), aquatic species (including fish, shellfish, crustaceans, echinoderms, plants, and algae), and any animals typically hunted or trapped. This excludes animals typically kept as pets and commonly available at commercial pet stores (e.g., domestic dogs and cats, fish, small rodents, reptiles, amphibians, tropical/exotic birds). Apiaries are also considered husbandry land uses. Husbandry land uses shall adhere to the following listed regulations. Article 3: Land Use Regulations 103 Draft #3: October 24, 2011

112 (c) (d) (e) (1) Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property, and 100 feet from all other lot lines. (2) All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 10 feet from any residentially zoned property. (3) Husbandry uses, once discontinued for a period of 12 months, shall not be re-established or except with the granting of a conditional use permit, and shall only be permitted in the AH-35 district. (4) A minimum of one parking space per employee on the largest work shift shall be provided. (Note: agricultural land uses are hereby made exempt from the surfacing requirements of Section ). On-Site Agricultural Retail: On-site agricultural retail includes the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off-site shall not be permitted within on-site agricultural retail operations; such activity constitutes indoor sales (see Section 18-56(d)). Packaging and equipment used to store, display, package, or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off-site. On-site agricultural retail land uses shall adhere to the following listed regulations. (1) No structure or group of structures shall exceed 500 square feet in gross floor area. (2) No structure shall exceed 12 feet in height. (3) All structures shall meet all required setbacks for non-residential land uses. (4) Said structure and fencing shall be located a minimum of 300 feet from any residentially zoned property. (5) Signage shall be limited to one on-site sign which shall not exceed 30 square feet in area. (6) Such land use shall be served by no more than one driveway. (7) The sale of products which are grown or otherwise produced on non-adjacent property under the same ownership, or on property under different ownership, shall be prohibited. (8) On-site agricultural retail uses, once discontinued for a period of 12 months, shall not be reestablished except with the granting of a conditional use permit, and shall only be permitted in the AH-35 district. (9) A minimum of one parking space shall be provided for every 200 square feet of product display area. (Note: agricultural land uses are hereby made exempt from the surfacing requirements of Section ). Selective Cutting: Any operation associated with the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30 percent of the woodlands on the property (or up to 100 percent for developments approved prior to the effective date of this Chapter). Selective cutting shall be limited to areas which are designated for such on recorded plats or certified survey maps. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear cutting, (see Subsection (e), below). Clear Cutting: The one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 30 percent of the woodlands on a property (or up to 100 percent for developments approved prior to the effective date of this Chapter). Clear cutting shall adhere to the following listed regulations. (1) Clear cutting is permitted only as a conditional use. Any owner of property who intentionally clear cuts any area of his or her property or who intentionally solicits or causes another to intentionally clear cut any area of his or her property without first having secured a conditional use permit for such activity shall be subject to a forfeiture for such wrongful conduct and shall be required to implement the mitigation standards required for the destruction of woodlands Article 3: Land Use Regulations 104 Draft #3: October 24, 2011

113 (f) (g) solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas having been clear cut unintentionally as a result of fire shall not subject the owner of the property to forfeiture for such non-approved clear cutting activity, but shall require the satisfaction of mitigation requirements at the owner s expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements. (2) The applicant shall demonstrate that clear cutting will improve the level of environmental protection on the subject property. (3) Areas of the subject property which are clear cut beyond the limitations established above shall be replanted per the requirements of Section (Referenced section requires the replanting of trees in other portions of the subject property; thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant). (4) Clear cutting shall not be permitted within a required bufferyard or landscaped area or within an area designated as permanently protected green space (see Article 11). Intensive Agriculture: Operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in Section 18-13) per acre and/or agricultural activities requiring large investments in structures. Intensive agricultural land uses may include, but are not limited to, feed lots, hog farms, poultry operations, aquaculture, and certain other operations meeting this criterion. Intensive agricultural land uses shall adhere to the following listed regulations. (1) Intensive agricultural uses shall not be located in or adjacent to an existing or platted residential subdivision. (2) A bufferyard with a minimum opacity of 1.00 shall be provided along all sides of the subject property. (3) All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 300 feet from all residentially zoned property and 100 feet from all other lot lines. (4) Intensive agricultural uses shall be located in an area which is planned to remain commercially viable for agricultural land uses. (5) Once discontinued for a period of 12 months, intensive agriculture uses shall not be reestablished except with the granting of a conditional use permit, and shall only be permitted in the AH-35 district. (6) A minimum of one parking space per employee on the largest work shift shall be provided. (Notes: customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of Section ). Agricultural Service: Operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used or produced by agricultural operations. Agricultural service land uses may include, but are not limited to, agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except composting uses, see Section 18-62(c)). Agricultural service land uses shall adhere to the following listed regulations. (1) Agricultural service uses shall not be located in, or adjacent to, an existing or platted residential subdivision. (2) All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 100 feet from all lot lines. Article 3: Land Use Regulations 105 Draft #3: October 24, 2011

114 (h) (i) (3) If within the AH-35 district, agricultural service uses shall be located in an area which is planned to remain commercially viable for agricultural land uses. (4) Once discontinued for a period of 12 months, agricultural service uses shall not be re-established except with the granting of a conditional use permit, and shall only be permitted in the AH-35 or RP districts. (5) A minimum of one parking space per employee on the largest work shift shall be provided. (Notes: customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of Section ). Community Garden: Garden areas divided into one or more plots to be cultivated by more than one operator or member. These areas may be on public or private lands. Community gardens shall adhere to the following listed regulations. (1) The on-site sales of plants grown the on-site is prohibited. (2) All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district. (3) A site plan shall be submitted to the Zoning Administrator for approval. Said site plan shall list the property owner, established sponsoring organization and garden manager, and demonstrate consideration for and indicate locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking. (4) The following structures are permitted in community gardens: tool sheds, shade pavilions, barns, rest-room facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children s play areas. (5) Signs shall be limited to identification, information, and directional signs, including sponsorship information which is clearly secondary to other permitted information on any particular sign and shall not exceed a total aggregate area of 48 square feet. Market Garden: An area for cultivation divided into one or more plots to be cultivated by more than one operator or member where the on-site sales of crops grown on-site permitted. These areas may be on public or private lands. Market gardens shall adhere to the following listed regulations. (1) All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district. (2) A site plan shall be submitted to the Zoning Administrator for approval. Said site plan shall list the property owner, established sponsoring organization, and garden manager, and demonstrate consideration for and indicate locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking. (3) The following structures are permitted within market gardens: tool sheds, shade pavilions, barns, rest-room facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children s play areas. (4) Seasonal farm stands shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use. (5) Signs shall be limited to identification, information and directional signs, including sponsorship information which is clearly secondary to other permitted information on any particular sign and shall not exceed a total aggregate area of 48 square feet. Article 3: Land Use Regulations 106 Draft #3: October 24, 2011

115 Section 18-64: Accessory Land Uses (a) Home Occupation: Economic activities performed within a single-family detached residence, such as personal and professional services and handicrafts. Home occupations are intended to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a business district. Home occupations are limited to service-oriented businesses and businesses that do not generate customer visits. Home occupations shall adhere to the following listed regulations. (1) Home occupations shall adhere to the accessory land use requirements in Section 18-52(f). (2) The home occupation must be clearly incidental and secondary to the principal use as a residence. (3) The home occupation may not constitute more than 25 percent of the floor area of the principal building. (4) The home occupation shall be conducted only within the enclosed area of the dwelling unit or attached garage. (5) Any and all employees shall be a resident of the dwelling unit. (6) The residential character of the building and premises shall be maintained so that with the exception of permitted signage, there is no outdoor evidence of any home occupation activities. (7) The applicant shall obtain the property owner s written permission to establish a home occupation. (8) Such use shall not include the operation of any machinery, tools, or other appliances in a manner which would create noise or other nuisance factors in excess of those typical to residential uses. (9) Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall not exceed 3 square feet. (10) No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises. (11) Home occupations shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises. (12) Automated production and/or mass manufacturing of products on the premises is prohibited. Hand-crafted and/or assembled custom products, such as jewelry, ceramics, furniture, clothing and accessories, and fishing lures are permitted. (13) Any off-street parking area shall be limited to that which is compatible with the residential character of the neighborhood and shall conform to the standards set forth in section Section (b) Expanded Home Occupation: Expanded home occupations are intended to provide greater flexibility than home occupations in terms of number of employees, customer visits, and allowable occupations. For example, retail trade may be conducted in an expanded home occupation, whereas home occupations are limited to service-oriented businesses and businesses that do not generate customer visits. Expanded home occupations shall adhere to the following listed regulations. (1) Expanded home occupations shall adhere to the accessory land use requirements in Section 18-52(f). (2) Expanded home occupations shall adhere to all regulations listed under Section 18-64(a) except Subsection 18-64(a)(5). (c) Family Daycare Home (4-8 Children): Occupied residences in which a qualified person or persons provide childcare for 4 to 8 children. The care of less than 4 children is not subject to the regulations of this Chapter. State Law Reference: (1)(a), Wis. Stats. Family daycare homes shall adhere to the accessory land use requirements in Section 18-52(f). Article 3: Land Use Regulations 107 Draft #3: October 24, 2011

116 (d) (e) (f) Intermediate Daycare Home (9-15 Children): Occupied residences in which a qualified person or persons provide childcare for 9 to 15 children. State Law Reference: 48.65, Wis. Stat. Intermediate daycare homes shall adhere to the accessory land use requirements in Section 18-52(f). In-Home Suite: The area within a dwelling unit that may contain separate kitchen, dining, bathroom, laundry, living, sleeping, and recreation areas, including exterior porches, patios, and decks. In addition to the required internal physical connection, separate outdoor access or separate access to the garage may be provided. In-home suites shall adhere to the following listed regulations. (1) In-home suites shall adhere to the accessory land use requirements in Section 18-52(f). (2) In-home suites may not be occupied by a non-family member. (3) In-home suites should be considered and regulated as part of a single-family dwelling unit. (4) External stairs serving as the primary access to the in-home suite are prohibited. (5) The principal dwelling unit and the in-home suite shall together appear as a single-family dwelling. (6) A separate walled garage area or driveway is not permitted. (7) A separate address for the in-home suite is not permitted. (8) A separate utility connection or meters are not permitted. (9) A physical all-weather connection between the main living area and the in-home suite must be present. This required connection may not occur through an attic, basement, garage, porch, or other non-living area. A door may be used to separate the in-home suite from the principal dwelling, but may not be locking, except that a locking door may be used for the bedroom and bathroom doors of the in-home suite. (10) When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as, an in-home suite, the building plan shall be marked as not a separate dwelling unit or apartment, and a signed letter from the applicant stating agreement with this condition shall be filed. Accessory Dwelling Unit: A dwelling unit established in conjunction with and clearly subordinate to the principle dwelling unit. Accessory dwellings may be located on the same lot as a single-family dwelling unit, either in the same building as the single-family dwelling unit or in a detached accessory building. Accessory dwelling units may also be permitted on the ground floor of a building used for an office, commercial, or institutional land use, but may not be within the first 24 feet of the ground floor measured from the front of the building. More than one dwelling unit within a mixed use structure shall be treated as a mixed use residential land use. Accessory dwelling units shall adhere to the following listed regulations. (1) Accessory dwelling units shall adhere to the accessory land use requirements in Section 18-52(f). (2) The principal building must be owner-occupied. (3) The accessory dwelling unit shall not be sold separately from the principal dwelling. (4) The accessory dwelling unit may not be occupied by a family or non-family members. (5) Accessory dwellings shall not exceed 50 percent of the principal dwelling s floor area, up to a maximum size of 1,500 square feet, whichever is smaller in size. (6) Additional entrances shall not be added to the front elevation of an existing building, but may be added to side or rear or streetside elevations. (7) Entryways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway. On corner lots, primary entrances to accessory dwelling units shall be placed on the façade parallel to the side street. (8) The appearance or character of the principal building must not be significantly altered so that its appearance is no longer that of a single-family dwelling; however, a distinct address and/or distinct utility meter is permitted. Article 3: Land Use Regulations 108 Draft #3: October 24, 2011

117 (g) (h) (i) (j) (k) Farm Residence: A single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed under Section Farm residences shall adhere to the accessory land use requirements in Section 18-52(f). Migrant Employee Housing: Any facility subject to the regulation of (3)(a), Wis. Stats. Migrant employee housing shall adhere to the following listed regulations. (1) Migrant employee housing shall adhere to the accessory land use requirements in Section 18-52(f). (2) A bufferyard with a minimum opacity of 0.60 shall be provided along all property lines adjacent to all properties not zoned AH-35. (3) Migrant employee housing shall be an accessory use to an active principal land use and under the same ownership. Residential Garage or Shed: Structures primarily used to shelter parked passenger vehicles. A residential shed is a structure used primarily to store residential maintenance equipment of the subject property. Residential garages and sheds shall adhere to the following listed regulations. (1) Residential garages and sheds shall adhere to the accessory land use requirements in Section 18-52(f). (2) One attached or detached garage and up to one shed per residential shall be permitted by right, except condominium lots, where up to one shed or garage may be permitted for each dwelling unit. (3) The total of all detached garages and sheds shall not exceed a combined total floor area greater than 60 percent of the floor area of the principal building on the lot. Residential Recreational Facility: All active outdoor recreational facilities located on a private residential lot which are not otherwise addressed in this Article. Common examples include swing sets, basketball courts, tennis courts, swimming pools, and recreation-type equipment. Residential recreational facilities shall adhere to the following listed regulations. (1) Residential recreational facility shall adhere to the accessory land use requirements in Section 18-52(f). (2) All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures. (3) Materials and lighting at said property line are to be equal to or less than 0.5 footcandles. (4) Swimming pools shall be regulated by the performance standards provided in Section (5) Tree houses and similar platforms shall not exceed a platform height of 8 feet and shall be setback twice their elevation from any property line. Residential Kennel or Stable: A residential kennel is the housing of any combination of more than three dogs and/or cats over 6 months of age within a residential dwelling unit. A residential stable is an accessory structure that is designed for the keeping of equines for the private use of the occupants of the principal dwelling and their guests, but in no event for hire. Residential kennels and stables shall adhere to the following listed regulations. (1) Residential kennels and stables shall adhere to the accessory land use requirements in Section 18-52(f). (2) Outdoor containments for animals shall be located a minimum of 25 feet from any residentially zoned property. (3) A minimum lot area of 175,000 square feet (approx. 4 acres) is required for a private residential stable. (4) A maximum of one horse per 2 acres of fully enclosed (by fencing and/or structures) area is permitted. (5) The minimum permitted size of horse or similar animal stall shall be 100 square feet. Article 3: Land Use Regulations 109 Draft #3: October 24, 2011

118 (l) (m) (n) (o) (p) (q) On-Site Parking: On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed, and operable. On-site parking areas shall adhere to the following listed regulations. (1) On-site parking areas shall adhere to the accessory land use requirements in Section 18-52(f). (2) Access and vehicular circulation shall be designed to discourage cut-through traffic. Company Cafeteria: A food service operation which provides food only to company employees and their guests. Company cafeteria shall adhere to the following listed regulations. (1) Company cafeterias shall adhere to the accessory land use requirements in Section 18-52(f). (2) Company cafeterias shall meet state food service requirements. (3) Company cafeterias shall be located on the same property as a principal land use engaged in an operation other than food service. Company On-Site Recreation: Any active or passive recreational facility located on the same site as a principal land use, and which is reserved solely for the use of company employees and their guests. Company on-site recreational facilities shall adhere to the following listed regulations. (1) Company on-site recreation areas shall adhere to the accessory land use requirements in Section 18-52(f). (2) All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property. (3) A bufferyard with a minimum opacity of 0.60 shall be provided for any outdoor recreation facilities using night lighting and/or adjoining a residentially zoned property. (4) Facilities using night lighting shall require a conditional use permit. Incidental Outdoor Display: The sales and display of merchandise or equipment outside of an enclosed building and is incidental to a principal commercial or industrial land use. Incidental outdoor display land uses shall adhere to the following listed regulations. (1) Incidental outdoor display land uses shall adhere to the accessory land use requirements in Section 18-52(f). (2) Incidental outdoor display land uses shall comply with all regulations of Section 18-56(e). (3) The display area shall not exceed 25 percent of gross floor area of principal building on the site. Incidental Indoor Sales: Any retail sales activity conducted exclusively indoors which is incidental to a principal land use such as warehousing, wholesaling, or any light industrial land use on the same site. Incidental indoor sales shall adhere to the following listed regulations. (1) Incidental indoor sales shall adhere to the accessory land use requirements in Section 18-52(f). (2) The total area devoted to sales activity shall not exceed 25 percent of the total area of the buildings on the property. Areas devoted to artisan studio uses such as custom ceramics, glass, wood, paper, fabric, and similar crafts may exceed 5,000 square feet with the granting of a conditional use permit for such use. (3) Shall provide restroom facilities directly accessible from retail sales area. (4) The retail sales area shall by physically separated by a wall from all other activity areas. (5) Adequate parking shall be provided for customers in addition to that required for the principal land use. Incidental Light Industrial: Any light industrial activity conducted exclusively indoors which is incidental to a principal land use, such as indoor sales or service, on the same site. Incidental light industrial shall adhere to the following listed regulations. (1) Incidental light industrial uses shall adhere to the accessory land use requirements in Section 18-52(f). Article 3: Land Use Regulations 110 Draft #3: October 24, 2011

119 (r) (s) (t) (2) The total area devoted to light industrial activity shall not exceed 15 percent of the total area of the buildings on the property, or 5,000 square feet, whichever is less. (3) The production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by Section for all adjacent properties. (4) Adequate parking shall be provided for customers in addition to that required for the principal land use. Stormwater Facilities: These include all improvements including, but not limited to, swales, ditches, culverts, drains, tiles, gutters, levees, basins, detention or retention facilities, impoundments, and dams intended to effect the direction, rate and/or volume of stormwater runoff, snow melt, and/or channelized flows across, within, and/or away from a site. Stormwater facilities shall adhere to the following listed regulations. (1) Stormwater facilities shall adhere to the accessory land use requirements in Section 18-52(f). (2) Stormwater facilities shall adhere to applicable state regulations and regulations in the Village of Fontana Municipal Code. Exterior Communications Device: This land use includes any towers and antennas used for communication reception including those use for reception by an amateur radio operator licensed by the Federal Communications Commission (FCC). Exterior communications devices shall adhere to the following listed regulations. (1) Exterior communications devices shall adhere to the accessory land use requirements in Section 18-52(f). (2) Regulations specific to ham radio/shore wave antennas and towers. a. The regulations under this subject apply only to antennas used for communication reception by an amateur radio operator licensed by the FCC. b. Installations may not be located in a front or street side yard. c. Installations of 45 feet or less in height shall meet the setback requirements for any accessory structure. d. Installations with heights between 45 feet and 75 feet shall meet the setback requirements for a principal structure and will require a prior written notice to the abutting property owners. e. Installations of 75 feet or higher shall have a setback of at least 1/3 of the total height of the structure. f. Installations of 75 feet or higher or those that do not meet all of the requirements for installations less than 75 feet shall require a conditional use permit. g. With the exception of the requirements listed above, all installations of ham/short wave antennas and towers shall comply with the performance standards of this Chapter. h. All installations shall require the proper building permits. (3) Regulations pertaining to all other exterior communications devices. a. Except for television antennas, ham radio antennas, and satellite dishes 18 inches or smaller, exterior communication devices shall not be visible from a public street. b. Devices must be sited an equal or greater number of feet from any property lines as their maximum height and shall not be located in a required setback. c. The applicant must demonstrate that all reasonable mechanism have been used to mitigate safety hazards and visual inputs of the device. Septic Systems: Any state-enabled, county-approved septic disposal system. Septic systems shall comply with the applicable state regulations and regulations in the Village of Fontana Municipal Code related to the protection of natural resources. Septic systems shall adhere to the following listed regulations. (1) Septic systems shall adhere to the accessory land use requirements in Section 18-52(f). Article 3: Land Use Regulations 111 Draft #3: October 24, 2011

120 (u) (v) (2) The minimum lot size for installation of a septic system is ½ acre (21,780 square feet). Small Solar Energy System: An energy system that converts solar energy to usable thermal, mechanical, chemical, or electrical energy, where such solar energy system is accessory to the principal use of the land (e.g., solar panels providing energy for a dwelling on the same lot), and does not exceed a rated capacity of 60 kilowatts. Small solar energy systems are permitted uses in all zoning districts. Note that solar energy systems exceeding 60 kilowatts are listed under large solar energy systems. Small solar energy systems shall adhere to the following listed regulations. (1) Small solar energy systems shall adhere to the accessory land use requirements in Section 18-52(f). (2) Rooftop, ground-mounted, and building-mounted solar energy systems shall comply with the height limits and minimum required yards for principal structures. (3) The requirements and , Wis. Stats., shall apply to all solar energy systems. Small Wind Energy System: An energy system that converts wind energy to usable thermal, mechanical, chemical, or electrical energy, where such wind energy system is accessory to the principal use of the lot (such as a wind turbine system providing energy for a dwelling on the same lot), primarily supplies energy to such principal use, and does not exceed a rated capacity of 60 kilowatts. Note that wind energy systems exceeding 60 kilowatts are listed under large wind energy systems (see Section 18-59(g). Small wind energy systems shall adhere to the following listed regulations. (1) Small wind energy systems shall adhere to the accessory land use requirements in Section 18-52(f). (2) Small wind energy systems shall meet all detached accessory building setbacks in the applicable zoning district. Except by conditional use permit, no small wind energy system shall be located in any front yard or side yard having frontage on a public street and shall be set back from the nearest property line, public road right-of-way, nearest inhabited building other than the principal inhabitable structure served by the small wind energy system and any public communication and electrical line by a distance of not less than 1.1 times the total height of the small wind energy system. (3) No small wind energy system shall be sited or operated in a manner that causes permanent or material interference with television or other communication signals. (4) The total height of all rooftop, ground-mounted, and building-mounted small wind energy systems located on lots up to 2 acres in area shall not exceed 80 feet. For small wind energy systems located on lots over 2 acres in area, the total height shall not exceed 170 feet. The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 30 feet above the maximum allowable height of any structure or obstacle within 100 feet of the small wind energy system, whichever is greater. (5) Sound emanating from a small wind energy system shall not exceed 75 dba as measured at the property line, or 50 dba as measured at the nearest neighboring dwelling, not including the principal building(s) served by the small wind energy system. (6) Small wind energy system structures shall be finished in a rust-resistant, non-obtrusive finish and color that is non-reflective. The freestanding small wind energy system shall be designed without use of guy wires. All electrical connections shall be located underground or within a building. No small wind or system shall be lighted unless required by the Federal Aviation Administration. Clearing of natural vegetation for the purposes of installing a small wind system shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations, and ordinances. No signs of any kind or nature whatsoever shall be permitted on any small wind energy system, except that the manufacturer s identification and appropriate warning signs are allowed. Article 3: Land Use Regulations 112 Draft #3: October 24, 2011

121 (w) (7) All access doors or access ways to any required towers and electrical equipment shall be lockable. Every small wind energy system shall be equipped with both manual and automatic overspeed controls. (8) A small wind energy system shall require a building permit before installation, which may be included with the general building permit for the principal structure. Building permit applications shall include the following information in addition to that required by the Building Code: a. A site plan drawn to scale showing the location of the proposed small wind energy system and the locations of all existing buildings, structures, public rights-of-way, and property lines. All distances shall be measured and labeled on the site plan. b. Elevations of the site drawn to scale showing the height, design, and configuration of the small solar or wind energy system and the heights of all existing structures, buildings and electrical lines in relation to property lines and their distance from the small wind or solar energy system. c. Standard drawings and an engineering analysis of any wind energy system tower, including load-bearing and wind-bearing capacity. d. A standard foundation design along with specifications for the soil conditions at the site. e. Specific information on the type, size, rotor material, rated power output, performance, safety, and noise characteristics of the system including the name and address of the manufacturer, model, and serial number. f. A description of emergency and normal shutdown procedures. g. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes and this subsection. h. Evidence that the provider of electrical service to the property has been notified of the intent to install an interconnected electricity generator, except in cases where the system will not be connected to the electricity grid. i. A sound level analysis prepared by the wind turbine manufacturer or other qualified engineer. j. Evidence of compliance with or non-applicability with Federal Aviation Administration requirements. Incidental Recreational Equipment Storage. This accessory land use includes the outdoor storage of recreational vehicles or equipment, including boats, boats with trailers, motor homes, pop-up campers, fifth wheel trailers, large utility trailers, race cars, canoes, and kayaks. Incidental recreational equipment storage uses shall adhere to the following listed regulations. (1) Incidental recreational equipment storage shall adhere to the accessory land use requirements in Section 18-52(f). (2) No more than 2 recreational vehicles may be stored outside of a fully enclosed structure. (3) No recreational vehicle may be parked or stored in a front or side yard on a regular basis, except upon non-required parking spaces on a pad or expanded driveway. (4) A recreational vehicle shall be located not closer than 5 feet to a side or rear lot line, except with the granting of a conditional use permit. (5) The recreational vehicle shall be maintained and in good condition and safe for effective performance for the function in which it was intended. The exterior of the vehicle shall be intact. (6) Recreational vehicles shall be roadworthy. Vehicles that require a license shall be properly licensed. (7) No recreational vehicle shall be parked or stored in any open space outside of a building unless such equipment is wholly owned by the property owner, who shall be in residence at the property in question. If the property is rented, such storage shall be permitted to the tenant only provided that such equipment is owned by the tenant. Article 3: Land Use Regulations 113 Draft #3: October 24, 2011

122 (8) All equipment shall be parked, stored, or screened by fencing and/or vegetation as inconspicuously as possible on the property. The area around the equipment or vehicle must be kept weed and dust free and free of accumulation of other storage material. Section 18-65: Temporary Land Uses (a) Temporary Farm Product Sales: The temporary outdoor display and sales of farm products, typically from a roadside stand. Temporary farm product sales shall adhere to the following listed regulations. (1) Shall comply with Section , standards and procedures applicable to all temporary uses. (2) Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances. (3) If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours. (b) (c) (d) (4) Adequate parking shall be provided. Temporary Outdoor Sales: The display of any items outside the confines of a building which is not otherwise permitted as a permitted or conditional use, or, a special event otherwise regulated by the Municipal Code. Examples of this land use include, but are not limited to, sidewalk sales, seasonal garden shops, tent sales, Christmas tree sales, mobile food stands, and more than three garage sales per year. Temporary outdoor sales shall adhere to the following listed regulations. (1) Shall comply with Section , standards and procedures applicable to all temporary uses. (2) The user shall provide a layout of the activities to the Zoning Administrator for approval prior to any event or sales activity. Temporary Outdoor Assembly: Any organized outdoor assembly of more than 100 persons. Examples include, but are not limited to, an outdoor wedding or tent meetings. Temporary outdoor assembly shall adhere to the following regulations. (1) Shall comply with Section , standards and procedures applicable to all temporary uses. (2) Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances. (3) If subject property is located adjacent to a residential area, activities shall be limited to daylight hours. (4) Adequate provisions for crowd control shall be made, and shall be described within the temporary use application. (5) Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the temporary use application. Temporary Storage Container: These containers are portable storage containers designed and used primarily for the temporary storage of household goods and other such materials for use on a limited basis on residential property. Temporary storage containers shall adhere to the following listed regulations. (1) Shall comply with Section , standards and procedures applicable to all temporary uses. (2) The container shall not exceed outside dimensions of sixteen 16 feet in length, 8 feet in width, and 9 feet in height. (3) The container shall be permitted on the property for up to 14 days associated with each change of occupancy as defined by a recorded change in property ownership or valid lease. (4) The container cannot encroach on the public right-of-way, neighboring property, sidewalk, or be placed in the street. (5) The container must be placed on asphalt, concrete, gravel, or other hard-paved surface. (6) For all multi-family uses, including multiplex, apartments, and townhouses, use of temporary portable storage containers shall require review and approval by the Zoning Administrator. The Article 3: Land Use Regulations 114 Draft #3: October 24, 2011

123 (e) (f) (g) (h) (i) applicant shall provide written permission from the land owner to place the temporary portable storage container on the property in accordance with the regulations listed in this Section. Temporary Construction Storage: Any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project. Temporary construction storage shall adhere to the following listed regulations. (1) The structure shall comply with Section , standards and procedures applicable to all temporary uses. (2) The structure shall be removed within 10 days of issuance of occupancy permit. (3) Projects requiring the structure to be in place for more than 365 days shall require a conditional use permit. Said time limit may be extended with Village Board approval. (4) The structure shall be limited to a maximum area not exceeding 10 percent of the property s gross site area. Temporary Relocatable Building: Any manufactured building which serves as a temporary building for less than 6 months. Temporary relocatable buildings shall adhere to the following listed regulations. (1) The structure shall comply with Section , standards and procedures applicable to all temporary uses. (2) Facilities serving for more than 6 months shall be considered conditional uses and are subject to the general standards and procedures presented in Section (3) The unit must be places on asphalt, concrete, gravel, or other hard-paved surface. (4) The structure shall be limited to a maximum area not exceeding 10 percent of the property s gross site area. Garage or Estate Sale (Auction). The sale or offering for sale of miscellaneous used items commonly associated with residential use. Temporary garage or estate sales shall adhere to the following listed regulations. (1) Permits are not required for garage or estate sales. (2) Sales shall be limited to a maximum of 3 per calendar year; each sale shall be limited to a period of no more than 3 consecutive days. (3) Sales shall occur only during daylight hours. Farmer s Market. The temporary or occasional outdoor retail sales of farm produce, plants and flowers, bakery goods, and/or crafts from vehicles or temporary stands located within a parking lot or public right-of-way. Farmer s markets shall adhere to the following listed regulations. (1) Facility shall have vehicular access to a collector or higher classification street. (2) A minimum of one parking space shall be provided per vendor, plus adequate parking to accommodate customer traffic. Limited Duration Special Activities and Events. Any use of a structure or land for an indoor and/or outdoor event for a limited period of time not otherwise addressed in Subsections 18-65(a)-(h), above, where the site is not to be permanently altered by grading or construction. Events include, but are not limited to, art shows, outdoor festivals and concerts, antique boat show, hot air balloon launch, or benefit event. Limited duration special activities and events shall adhere to the following listed regulations. (1) Duration. a. Temporary activities or events shall be limited to a period of no more than consecutive days in the AH-35, LR-0, SR-1, SR-2, SR-4, SR-5, AR-6, MR-8, MR-12, OP, RP districts and the Abbey Villas and Abbey Ridge subdistricts. A temporary use permit is not required for these events or activities. b. Temporary activities or events shall be limited to a period of no more than 9 14 consecutive days in the IN, NB, VC, CB districts and the Abbey Resort and Abbey Harbor Marina Article 3: Land Use Regulations 115 Draft #3: October 24, 2011

124 Subdistricts of the RB district. A temporary use permit is not required for these events or activities., or 4 successive weekends per year. c. Temporary activities or events of a duration exceeding 14 consecutive days shall require site plan review and approval per Section and shall secure a temporary use permit per Section Shall comply with Section , standards and procedures applicable to all temporary uses. (2) Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances. (3) If subject activity area is located within 100 feet of a property with residential zoning, activities shall be limited to daylight hours except as enabled through the granting of a conditional use permit. (4) Adequate provisions for crowd control shall be made, and shall be described within the temporary use application. (5) Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the temporary use application. Section through 18-69: Reserved Article 3: Land Use Regulations 116 Draft #3: October 24, 2011

125 ARTICLE 4: DENSITY AND INTENSITY STANDARDS Section 18-70: Purpose This Article regulates the development potential of all property within the jurisdiction of this Chapter in order to protect and enhance the desired community character of the Village of Fontana. The purpose of this Article is to indicate the maximum permitted density (for residential projects) and maximum permitted intensity (for nonresidential projects) of development on any given site within the jurisdiction of this Chapter. Section 18-71: Intent This Article is intended to implement the goals and objectives in the Village of Fontana Comprehensive Plan. Many of the Village s goals are difficult to address using conventional zoning techniques, particularly those that rely on minimum lot area requirements to establish maximum permitted residential densities to establish the character of nonresidential developments. Such approaches provide for minimum flexibility and/or the needless destruction of sensitive natural resources. Section 18-72: Approach The approach to regulating density and intensity that is employed by this Article addresses both the development potential of a given lot as well as the goal of preserving sensitive natural resources located on the site. The following methods are applied to ensure a high degree of site design flexibility and the protection of community character and natural resources: (a) Maximum gross densities (MGD). (b) Minimum green space ratios (GSR). (c) Minimum landscape surface ratios (LSR). The development potential of any site is determined by a variety of factors, including but not limited to: (a) Area of the site. (b) Proportion of the site not containing sensitive natural resources. (c) Zoning district(s) in which the site is located. (d) Development option(s) for the site. (e) Use(s) being considered for development. Section 18-73: Natural Resources Site Evaluation (a) (b) Purpose: An important goal of the Village of Fontana is to protect natural resources that are sensitive to disruption caused by development and/or other land use activities. These resources include floodways, floodplain areas, floodfringe, shorelands, wetlands, lakeshores, steep slopes, and woodlands. These resources serve important functions that may be lost in the absence of correct mitigation approaches when these areas are subject to development and/or other land use activities. In many instances, these functions cannot be provided as well by other natural or man-made features. Specific broad categories of such functions include the protection and enhancement of air, surface water, ground water, and soil quality; habitat provisions and diversification; aesthetic diversification; and buffering effects. Natural Resources Site Evaluation Worksheet: This worksheet is intended to determine which areas of a site may be considered natural areas requiring protection and preservation, and which areas are most suited for development. Article 4: Density and Intensity Standards 117 Draft #3: October 24, 2011

126 Figure 18-73: Natural Resources Site Evaluation Worksheet Step 1: Determine the Gross Site Area (GSA) of the Site A. Total site area as determined by site survey. acres B. Sum up areas located within proposed street rights-of-way and within the proposed boundaries of public facilities designated in the Village s Comprehensive Plan and/or required for dedication per subdivision regulations. C. Sum up land that, although part of the same parcel, is not contiguous to or is not accessible from the road network proposed to serve the project acres acres D. Sum up land that is proposed for a different development option or a different zoning district acres E. Sum up areas covered by navigable waters (lakes & streams) acres F. Add up Rows B through E acres G. Subtract Row F from Row A (Row F Row A) = Gross Site Area (GSA) acres Step 2: Determine the Required Resource Protection Area (RPA) of the Site: H. Portion of gross site area containing floodways acres I. Portion of gross site area containing floodplain areas acres J. Portion of gross site area containing floodfringes acres K. Portion of gross site area containing wetlands acres L. Portion of gross site area containing lakeshores acres M. Portion of gross site area containing woodlands N. Portion of gross site area containing steep slopes O. Add up Rows H through N = Required Resource Protection Area (RPA) Step 3: Determine the Net Developable Area (NDA) of the Site: P. Subtract Row O from Row G (Row G [GSA] Row O [RPA]) = Net Developable Area (NDA) Q. Multiply Row P by the Maximum Gross Intensity or Density allowable in the zoning district to calculate maximum development potential for the site. acres acres acres acres acres Article 4: Density and Intensity Standards 118 Draft #3: October 24, 2011

127 Section 18-74: Instructions for Determining Density and Intensity This Section, in conjunction with the density and intensity regulations included in Article 2, contains the standards that determine the maximum amount of development permitted on any given site. There are inherent differences between residential and nonresidential land uses. Therefore residential and nonresidential development is regulated differently in this Section. (a) The following instructions apply to both residential and nonresidential development. (1) Consult the Village s Comprehensive Plan for policies applicable to the subject property, particularly the Future Land Use and Transportation maps. (2) Consult the Village s Official Map for planned capital facilities and dedication requirements that may affect the subject property, including parks, stormwater management facilities, and street improvements. (3) The amount and type of development any given site may contain is directly related to the zoning district in which the site is located. The current zoning designation as depicted on the Village s Official Zoning Map should be compared with the description of that district provided in Article 2. (4) The effect of protected natural resources on the development potential of the subject property should be evaluated. A Natural Resources Site Evaluation worksheet (see Figure above) should be completed for the site. All resources listed should be identified on the subject property, and the total area of the property (in acres) covered by those resources, (resource protection areas (RPA)) should be determined, as should the gross site area (GSA) and the net developable area (NDA) of the subject property. (b) The following instructions apply only to residential development. (1) Determine the types of dwelling units allowed on the subject property by checking the zoning district in Article 2. Section provides detailed descriptions and regulations for each dwelling unit (land use) type. (2) Determine the maximum gross density allowed on the site. The maximum gross density, per the zoning district of the subject property (see Article 2), should be noted and used in step (4), below. (3) Determine the maximum number of units allowed on the site. The maximum gross density, identified in step (3), above, multiplied by the gross site area calculated in step (2), above, equals the maximum number of dwelling units permitted on the subject property under the selected development option within the zoning district of the subject property. The ability to actually develop this number of dwelling units on the subject property is not guaranteed by the provisions of this Section. Inefficient site design, poor property configuration, and other factors may result in a lower number of units actually fitting on the site. (4) Check the minimum lot area (MLA) requirement of the subject property (refer to Article 2). The MLA must be greater than or equal to than the lot size requirement for the type of dwelling unit proposed for the project in step (1), above. If the proposed MLA is smaller than the lot size requirement given in step (1) then a larger lot size must be proposed or a different dwelling unit type with a smaller lot size requirement must be selected (in which case, it may be advantageous to repeat steps (1) through (5) using a different dwelling unit type). (c) The following instructions apply only to nonresidential development. (1) Determine the types of land uses permitted on the subject property by checking the zoning district in Article 2. Article 3 provides detailed descriptions and regulations for each land use type. (2) Check the minimum lot area requirement against the gross site area present on the subject property as determined under the natural resources site evaluation in Section 18-73, above. If the Article 4: Density and Intensity Standards 119 Draft #3: October 24, 2011

128 GSA is less than the MLA required by the zoning district, then additional property must be acquired. In other words, the GSA must be greater than or equal to the MLA. (3) Check the minimum landscape surface ratio (LSR) requirement (refer to Article 2) against the required resource protection area (RPA) present on the subject property. The LSR should be multiplied by the GSA used in step (2), above. The resulting product is the area of the site that must be permanently protected as green space. This area should be compared with the required RPA on the subject property as determined under the natural resource site evaluation in Section 18-73, above. If the area of the site containing sensitive natural resources exceeds the area of permanently protected landscape surface required, then more floors could be added to the proposed building in order to approach maximum development potential on the site. In other words, if the RPA is greater than the LSR, the use of more floors may permit the development of more floor area on the subject property. (4) Check the maximum building size (MBS) requirement (if applicable) indicated in Article 2. If the MBS given is smaller than the proposed building size calculated in step (5) above then a smaller building must be proposed, or the use of additional buildings may be considered. Sections through 18-79: Reserved Article 4: Density and Intensity Standards 120 Draft #3: October 24, 2011

129 ARTICLE 5: BULK STANDARDS Section 18-80: Purpose The purpose of this Article is to indicate the requirements for building location and bulk in both residential and non-residential developments. The provisions of this Article interact closely with the provisions of Article 4. Section 18-81: Residential Bulk Standards The following Figure is provided as a convenience for the Zoning Administrator and the general public. Where there are conflicts between Figure and the bulk regulations in Article 2 or any other text in this Chapter, the text shall prevail. Figure 18-81: Residential Bulk Standards AH-35 LR- 0 Min. Lot Area 35 acres 3 30,000 sf. Max. Gross. Density 1 du/per 35 acres SR-1 SR-2 SR-4 SR-5 AR-6 MR-8 MR-12 15,000 sf. 10,000 sf. 7,000 sf. 7,000 sf. 5,000 sf. 3,700 sf. 1 du/ac 2 du/ac 4 du/ac 5 du/ac 6 du/ac 8 du/ac 12 du/ac Max. Bldg. Cov. 30% 25% 25% 30% 35% 35% 40% 40% Min. LSR 50% 30% 40% 50% 50% 50% 60% 50% Min. Lot Width 150 ft. 100 ft. 90 ft. 75 ft. 60 ft. 75 ft. 80 ft. or varies 90 ft. or varies Min. St. Frontage 75 ft. 50 ft. 50 ft. 50 ft. 50 ft. 50 ft. 50 ft. 50 ft. Min. Front/ Street Setback 30 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. Min. Shore Yard Setback Min. Interior Side Setback Min. Rear Yard Setback Min. Pavement Setback Max. Principal Bldg. Height Access. Setback Prin. Bldg. Accessory Side/Rear Setback 50 ft/75 ft. 4 As existing on the effective date of this Chapter 50 ft/75 ft ft/75 ft ft/75 ft ft/75 ft ft/75 ft ft/75 ft ft/75 ft ft. 20 ft. 15 ft. 15 ft. 10 ft. 0/15 ft. 2 0/15 ft. 2 0/15 ft ft. 20ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 5/10 ft. 1 5/10 ft. 1 5/10 ft. 1 5/10 ft. 1 5/10 ft. 1 5/10 ft. 1 5/10 ft. 1 5/10 ft. 1 Max. Accessory 20 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. Height Notes: 1 A minimum of 5 feet (less than 200 square foot structure; 10 feet (more than 200 foot structure). 2 Zero feet in the case of a zero lot line (e.g. duplexes and town homes). 3 MLA between 40,000 and 100,000 square feet permitted with a conditional use permit feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. Article 5: Bulk Standards 121 Draft #3: October 24, 2011

130 Section 18-82: Non-Residential Bulk Standards The following Figure is provided as a convenience for the Zoning Administrator and the general public. Where there are conflicts between Figure and the bulk regulations in Article 2 or any other text in this Chapter, the text shall prevail. Figure 18-82: Non-Residential Bulk Standards AH-35 IN NB VC CB RB OP RP PD Min. Lot Area 35 acres 1 20,000 sf. 7,000 sf. 7,000 sf. 20,000 sf. 20,000 sf. 20,000 sf. Max. Gross Density 1 du/per 35 acres 8 du/ac 4 du/ac 5 du/ac N/A N/A N/A Max. FAR N/A N/A Min. Stories N/A N/A N/A 2 N/A N/A N/A Max. Bldg. Cov. 30% 40% 35% 40% 50% 50% 50% Min. LSR 50% 50% 50% 60% 70% 70% 70% Max. Building Size N/A N/A 10,000 sf. 10,000 sf. 60,000 sf. N/A N/A Min. Lot Width 150 ft. 100 ft. 60 ft. 60 ft. 100 ft. 100 ft. 100 ft. Min. St. Frontage 75 ft. 50 ft. 50 ft. 50 ft. 50 ft. 50 ft. 50 ft. Min. Front/ Street Setback 30 ft. 25 ft. 25 ft. 25 ft. 25 ft. 30 ft. 25 ft. Max. Front Setback N/A N/A N/A 8/15 ft feet N/A N/A Max. Rear Setback N/A N/A N/A 25 ft. 100 feet N/A N/A Min. Shore Yard Setback Min. Interior Side Setback 50/75 ft. 6 50/75 ft. 6 50/75 ft. 6 50/75 ft. 6 50/75 ft. 6 50/75 ft. 6 50/75 ft ft. 15 ft. 15 ft. 0/10 ft 4 0/10 ft 4 15 ft. 25 ft. Min. Rear Setback 30 ft. 25 ft. 10 ft. 1 ft. 25 ft. 25 ft. 25 ft. Maximum Front/ Side/Rear Setback Minimum Pavement Setback Access. Setback Prin. Bldg. Max. Principal Building Height Access. Side/ Rear Setback N/A N/A N/A N/A 100 ft. N/A N/A 5 ft. 5 ft. 5/ ft. 5 ft. 5 ft. 5 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 45 ft. 45 ft. 5/10 ft. 2 5/10 ft. 2 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Max. Accessory 20 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. Structure Height Notes: 1 MLA between 40,000 and 100,000 square feet with a conditional use permit. 2 A minimum of 5 feet (less than 200 square foot structure; 10 feet (more than 200 square foot structure). 3 A minimum of 15 feet, or 8 feet to attached front porch. 4 Zero feet in the case of a zero lot line (e.g. duplexes, town homes, multi-tenant commercial buildings). 5 Five feet from rear or side; 10 feet from street feet for structures existing as of the effective date of this ordinance, and all additions to such structures; 75 feet for new structures placed on lots which were vacant as of the effective date of this ordinance, and all additions to such structures. As existing on the effective date of this Chapter Varies per each PD zoning district. Article 5: Bulk Standards 122 Draft #3: October 24, 2011

131 Section 18-83: Yard Setback Adjustments (a) Front/Street Setbacks. No building shall hereafter be erected, structurally altered, reconstructed, or relocated so that any roofed or enclosed portion thereof is closer to the shore of Geneva Lake or to a street right-of-way line than the setback distance specified by the regulations for the district in which it is located, with the following exceptions. (1) Where the nearest existing building on one side of said building is within 200 feet and has less than the required setback, the average between such existing setback and the required setback for the district shall apply, but in no case shall be located closer than 15 feet from a road right of way or front property line. (2) Where the nearest existing buildings on both sides of said building are within 200 feet of said building but not closer than 100 feet to each other and have less than the required setback for the district, the average of such existing setbacks and the required setback shall apply, but in no case shall be located closer than 15 feet from a road right of way or front property line. (3) Where the nearest existing buildings on both sides of said building are within 100 feet of each other and have less than the required setback, the average between such existing setbacks shall apply, but in no case shall be located closer than 15 feet from a road right-of-way or front property line. (b) Rear and Side Setbacks. No building shall hereafter be erected, structurally altered, reconstructed, or relocated so that any roofed or enclosed portion thereof is closer to any lot line other than a street right-of-way line than the rear or side setback distance specified by the regulations for the district in which it is located, except as follows: (1) Where a lot abuts a district boundary line, the rear or side setback from such line in the district of less restrictive use shall not be less than that required for the district of more restrictive use. (2) Two or more buildings on adjoining lots may be erected with common or directly adjoining walls provided the requirements of the state industrial ordinance relative to such construction are complied with and provided that the buildings are in compliance with the applicable rear or side setback requirements for the exposed facades of such attached buildings. (3) The required rear or side setback may be reduced on one side of a building provided the rear or side setback on the other side is increased by an equivalent amount and provided the owners of any property adjoining the area of reduced setback shall file with the Village a copy of a recorded deed restriction stipulating that no building shall be erected on said property so as to reduce the combined setback in such case to a distance less than that resulting from the normal application of the minimum rear or side setback requirements to both properties, except as permitted under (2), above. Section 18-84: Intrusions into Required Setbacks The minimum setback requirements of each zoning district establish the minimum required yards for all uses, except those exempted by the provisions of this Section. (a) No yard shall be reduced in area or dimension so as to make such yard less than the minimum required by this Chapter. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this Section. (b) (c) (d) No required yard or lot area allocated to satisfy the minimum yard or lot area requirements for one building or structure shall be used to satisfy the minimum yard or lot area requirement for another building or structure. Essential services such as utilities, electric power, and communication transmission lines are exempt from the setback requirements of this Chapter. Piers and docks shall be exempt from the setback requirements of this Chapter, but shall be in full compliance with the requirements of Chapter 54, Article III of the Village of Fontana Municipal Code. Article 5: Bulk Standards 123 Draft #3: October 24, 2011

132 (e) (f) (g) In instances where the required bufferyard width (per Article 11) exceeds the minimum required setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required bufferyard. Permitted Intrusions Into Required Setbacks. (1) Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters for residential buildings; provided they do not extend more than two and one-half feet into the required yard. (2) Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of Section and provided they do not locate closer than 5 feet from the front or street property line. (3) Fire escapes (on residential buildings) that do not extend more than 3 feet into the required yard. (4) Air conditioning condensers, heat exchangers and emergency generators, provided they do not extend more than 5 feet into the required yard. (5) Satellite dish antennas. Accessory Structures. (1) Any permanent accessory structure classified as a building (per Section 18-13) shall adhere to the location and height requirements of the district in which it is located except as otherwise allowed by this Chapter. (2) The following accessory structures may project into any required setback, but not to exceed 10 feet, and in no case shall the following accessory structures be closer than 5 feet to any lot line: uncovered stairs, landings, terraces, patios, uncovered porches, balconies, decks, fire escapes, pools, fountains, playground equipment, and play courts. The following may project into any required setback, but in no case shall the following accessory structures be closer than 3 feet to any property line which creates a side or rear yard: driveways, and parking areas. Section 18-85: Exceptions to Maximum Height Regulations The maximum height regulations listed for residential and nonresidential uses and accessory structures in each zoning district in Article 2 are the maximum allowable heights for all buildings and structures, except those exempted by this Section. (a) (b) (c) (d) The following are permitted to exceed the maximum height regulations within any district where allowed: church spires, belfries, parapet walls, cupolas, domes that do not contain useable space, public monuments, water towers, fire and hose towers, flag poles, flues, chimneys, smoke stacks, grain elevators, elevator penthouses, radio and television receiving antennas, satellite dish antennas when mounted on the roof of a principal structure, manufacturing equipment and necessary mechanical appurtenances, cooling towers, substations, utilities, and electric power and communication transmission lines. Communication structures such as radio and television transmission and relay towers, aerials, and observation towers, shall not exceed in height three times their distance from the nearest lot line. If building mounted, height shall include the height of the building to which the structure is mounted. Agricultural structures such as barns and silos shall not exceed in height twice their distance from the nearest lot line. Any building or structure not otherwise accounted for by paragraph (a), above, may exceed maximum height regulations with the granting of a conditional use permit that specifically states the maximum permitted height of the proposed building or structure. Section through 18-89: Reserved Article 5: Bulk Standards 124 Draft #3: October 24, 2011

133 ARTICLE 6: NONCONFORMING SITUATIONS Section 18-90: Purpose The purpose of this Article is to establish regulations for the following nonconforming situations: nonconforming uses, substandard lots, nonconforming structures, and nonconforming sites created legally prior to the effective date of this Chapter (INSERT DATE). Nonconforming signs are addressed further in Article 12. Section 18-91: Nonconforming Uses (a) (b) (c) (d) (e) (f) Definition. A nonconforming use is any active and actual use of land, buildings, or structures which lawfully existed prior to the enactment of this Chapter, which has continued as the same use to the present, and which does not comply with all the applicable regulations of this Chapter. Continuance of a Nonconforming Use. (1) Any nonconforming use lawfully existing upon the effective date of this Chapter, or any amendment to it, may be continued at the size and in a manner of operation existing upon such date, except as specified in this Section. (2) A use now regulated as a conditional use which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this Chapter, shall be considered a legal, conforming land use so long as any previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and Village consideration under the requirements of Section (3) Any prior legal use made nonconforming by this Chapter, or by an amendment to it, may be granted legal conforming status and allowed to be extended, enlarged, reconstructed, or substituted by the issuance of a conditional use permit, subject to the standards and procedures prescribed by Section Any prior legal use made nonconforming by a modification to the Official Zoning Map after the effective date of this Chapter may be granted legal conforming use status by changing the zoning district of the affected property to an appropriate district through an amendment to the Official Zoning Map. Such requested amendment shall be subject to the standards and procedures prescribed by Section Modification of a Nonconforming Use. (1) Except as permitted in (3), below, a nonconforming use shall not be expanded, enlarged, extended, or reconstructed, unless the use is changed to a use permitted in the district in which the use is located. (2) Substitution of new equipment may be permitted by the Plan Commission. (3) A nonconforming nonresidential use not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if either or both facilities are not available within 1,000 feet of the subject property and a conditional use permit is granted for such expansion. Discontinuance of a Nonconforming Use. When any nonconforming use of any structure or land is discontinued for a period of 12 consecutive months, or is changed into a conforming use, any future use of said structure or land shall be in complete conformity with the provisions of this Chapter. Nonconforming Uses within Floodlands or Shoreland-Wetland Areas. For nonconforming use provisions applicable within the floodplain overlay districts, see Article 8. For nonconforming use provisions applicable within the Shoreland-Wetland overlay district, see Article 9. Alterations to Conforming Buildings Containing Legal, Nonconforming Residential Units. Structural alterations may be made to a building containing lawful nonconforming residential units, provided such alterations do not increase the number of dwelling units or the bulk of the building. Notwithstanding the foregoing, a conforming garage may be added if none previously existed. Article 6: Nonconforming Situations 125 Draft #3: October 24, 2011

134 However, after the effective date of this Chapter, such buildings shall not be enlarged, expanded, or extended without bringing the enlargement, expansion, or extension into compliance with the provisions of the Chapter unless a variance is granted under Section and except as permitted under this Section. Section 18-92: Nonconforming Structures (a) (b) (c) (d) (e) Definition. A nonconforming structure is any building or other structure which lawfully existed under ordinances or regulations preceding this Chapter, but which does not conform to all the bulk and intensity requirements of this Chapter. Blanket Conforming Status. Blanket conforming status for any and all requirements of this Chapter is hereby granted to any principal structure lawfully existing upon the effective date of this Chapter. However, after the effective date of this Chapter, such structures may not be enlarged, expanded, or extended without bringing the enlargement, expansion, or extension into compliance with the provisions of this Chapter, or unless a variance is granted by the Zoning Board of Appeals under Section (1) This Subsection is intended to eliminate nonconforming principal structures subject to the requirements of this Chapter. This provision addresses two different situations. a. Many principal structures in the community were erected prior to the adoption of this zoning district and do not meet some or all of the density, building coverage, or bulk requirements of this Chapter. b. In some instances, this Chapter establishes new density, building coverage, and bulk requirements that existing legal structures under the previous zoning ordinance do not meet. (2) This section therefore ensures that owners of such structures legally established prior to the adoption of this Chapter do not encounter difficulty because the structures would otherwise be considered nonconforming. (3) Blanket conforming status is not applicable to accessory structures. Unsafe Structures. Nothing in this Chapter shall preclude the Building Inspector or any other Village official from initiating remedial or enforcement actions when a lawful nonconforming structure is declared unsafe or presents a danger the public health, safety, or welfare. Ordinary Maintenance. Ordinary maintenance repairs, including repairs reasonably necessary to prevent the deterioration of a structure and remodeling of a legal, nonconforming structure are permitted, as well as necessary repairs and alterations that do not extend, enlarge, or intensify the nonconforming structure. Ordinary maintenance repairs and remodeling include internal and external painting, decorating, paneling, the addition of acoustical ceilings, the installation of heating, electricity, plumbing (including fixtures) or insulation, and the replacement of doors, windows, and other nonstructural components. Future Modification. Existing nonconforming structures outside of a floodplain district may be expanded, enlarged, or altered, provided that conformance with the established zoning requirements can be met. The following shall also apply: (1) The proposed building addition or enlargement shall conform with all zoning requirements of the zoning district the lot is located in, which shall include, but are not limited to, setbacks, height, lot coverage, and parking. (2) The proposed building addition or enlargement shall also be restricted as follows: a. Said expansion, enlargement, or alteration shall not create a greater degree of nonconformity than existed prior to the time of such expansion, enlargement, or alteration (see also Section 18-94(c)). b. The total square footage of existing nonconformance of a structure (those portions of the existing structure currently and proposed to remain in the required setback areas, including all floor areas) shall be deducted from the conforming building envelope and remain Article 6: Nonconforming Situations 126 Draft #3: October 24, 2011

135 (f) (g) undeveloped. For example, 300 square feet of a first floor and 100 square feet of a second floor existing and remaining in the required setback area shall require a total of 400 square feet within the building envelope to remain undeveloped by any proposed addition or enlargement. c. Within the conforming building envelope, the height of the expansion, enlargement, or alteration may be measured to the maximum permitted height allowed within the zoning district the lot is located in. d. In no case may said expansion, enlargement, or alteration result in a greater height to the nonconforming areas of a structure, or to the nonconforming areas of the building envelope, than existed prior to the time of said expansion, enlargement, or alteration. e. An increase in height, addition or enlargement of any kind shall not be approved in those areas which do not meet zoning requirements, or are proposed to be located outside the conforming building envelope, within setback and offset areas. Restoration of Structures Following a Calamity. A damaged or destroyed nonconforming structure may be restored to the size, configuration, and location (including density, building footprint, and floor area) that it had immediately before the damage or destruction occurred without any limits on the costs of the repair, reconstruction, or improvement if all of the following apply: (1) The nonconforming structure was damaged or destroyed on or after the effective date of this Chapter. (2) The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation. Reconstruction of an Existing Nonconforming Structure Following Razing. Existing nonconforming structures outside of floodplain district which have been razed as a result of property owner request or village order, may be reconstructed per the following. Reconstruction in the Lakefront Residential district may be reconstructed per Subsection (3). (1) The proposed reconstruction shall conform with all zoning requirements of the zoning district the lot is located in, which shall include, but is not limited to, setbacks, height, lot coverage, and parking. The required setback of a principal building may be reduced by no more than four inches for every foot of deficiency in the lot width. (2) If it is not possible to meet all zoning requirements, the proposed building reconstruction shall be restricted as follows: a. Insofar as is practicable, a building reconstruction shall be resituated on the lot to encourage improving existing nonconformities, such as increasing setbacks, building separation, green space and parking. b. In no case shall the reconstructed building be located as to encroach on property lines, easements, or road rights-of-way. c. In no case shall the reconstructed building create a greater degree of nonconformity than existed prior to the time of such reconstruction. d. In no case shall the nonconforming setbacks of the reconstructed structure be less than the nonconforming setbacks of the existing structure. e. The building footprint of the original structure may be manipulated; however, it shall not be enlarged or increased in overall size. The square footage of the building footprint of the reconstructed structure, as measured to the outside of the exterior walls shall be equal to or less than the square footage of building footprint of the existing structure. In no case shall the total reconstructed building footprint exceed the original building footprint. When determining the total size of building footprint, those areas considered habitable of all existing floors shall be computed separately from those areas considered non-habitable. f. The total existing habitable areas of an existing structure shall not be increased in the reconstructed structure. When computing the overall total of existing habitable space, nonhabitable spaces such as carports, garages, roofed porches, and screened porches shall not be Article 6: Nonconforming Situations 127 Draft #3: October 24, 2011

136 (h) (i) (j) included in computations. For example, an existing structure consisting of 800 square feet of habitable space on a first floor, 300 square feet of habitable space on a second floor, 150 square feet of a garage, and 80 square feet of a screened porch shall only be rebuilt to a maximum of 1,100 square feet of habitable space. g. The total non-habitable areas of an existing structure shall not be increased in the reconstructed structure. For example, an existing structure consisting of 150 square feet of a garage and 80 square feet of a screened porch, shall only be rebuilt to a maximum 230 square feet of non-habitable space. h. A building reconstruction shall not result in a greater building height than existed prior to the time of said reconstruction. i. The existing second- and third-floor areas shall not be increased in the reconstructed structure. For example, if the maximum second story floor area of the existing structure is 300 square feet, the reconstructed structure shall not exceed 300 square feet of floor area on the second floor. j. A building reconstruction shall not include the result of habitable space being created from those existing non-habitable spaces (i.e. carports, garages, roofed porches, screened porches). k. Carports and garages may be reconstructed only if the reconstructed carport and garage is located completely within property lines, and all parking requirements have been met. l. A carport may be reconstructed and converted to an enclosed garage only when conforming to all required setbacks, lot coverage and parking requirements. (3) Within in the Lakefront Residential district, in addition to (1) and (2), above, the replacement structure may be no closer to the lake than the established foundation line; or as an alternative to (1) and (2), above, all portions of the replacement structure shall be the greater of the ordinary high water mark or the established foundation line. Timing of Building Permit. (1) Any structure for which a building permit has been lawfully granted prior to the effective date of this Chapter, or an amendment to it, that will become nonconforming under the provisions of this Chapter or that amendment thereto, may be completed in accordance with the approved plans, provided construction is started within 365 calendar days after issuance of the permit and construction is completed within 730 calendar days (2 years) after the start of construction. If all such conditions are met, the structure shall thereafter be a legal nonconforming structure. (2) Any residential building reconstruction (i.e. tear-down and replacement) may be built to the shore yard setback line of the existing residential structure if the new structure meets all other setback requirements of the district in which it is located and it is constructed within one year of the tear-down. Nonconforming Uses within Floodlands or Shoreland-Wetland Areas. For nonconforming structure provisions applicable within a floodplain overlay district, see Article 8. For nonconforming structure provisions applicable within the Shoreland-Wetland overlay district, see Article 9. For regulations regarding alterations to conforming buildings containing legal, nonconforming residential units, see Section above. Section 18-93: Nonconforming and Substandard Lots (a) (b) Definition. A nonconforming or substandard lot is a lot that lawfully existed prior to the effective date of this Chapter, but that does not meet the dimensional (e.g., minimum lot size, width, setbacks, etc.) requirements of the zoning district in which it is located. Blanket Conforming Status. Blanket conforming status for any and all requirements of this Chapter is hereby automatically granted to all nonconforming or substandard lots in their configuration existing or as finally approved as of the effective date of this Chapter. However, after the effective date of this Chapter, no lot shall be created that does not meet the dimensional requirements of the zoning district in which the proposed lot would be created. If two or more such nonconforming lots with contiguous Article 6: Nonconforming Situations 128 Draft #3: October 24, 2011

137 (c) frontage have the same ownership as of the effective date of this Chapter and at least one is vacant, they shall be considered a single parcel. This Section ensures that lots approved and created prior to the effective date of this Chapter do not encounter difficulty because the lots would otherwise be considered nonconforming or substandard. Minimum Residential Lot Size. No building intended in whole or part for residential use shall be erected or relocated on a lot of less area or less minimum average width than hereinafter specified by the regulations of the district in which such building is located. (1) Land in the EC overlay zoning district may be included as part of a lot in computing the required minimum lot size, provided there is sufficient land not in the EC overlay district to provide adequately for the location of the house and normal related accessory areas thereto. (2) Measurement of Lot Areas. For the purpose of this Chapter, lot areas shall be measured from the street right-of-way line and shall be exclusive of any area of lot description within the street right-of-way. (3) Minimum Average Width. The establishment of a minimum average width is intended to ensure that any lot will have an adequate width at reasonable potential building location to allow for the placement of the building with adequate setbacks. In most cases of basically rectangular lots, this width is roughly parallel to the street at a midpoint of the depth of the lot. However, in order to allow for greater flexibility in lot shape and site design, the determination of minimum average width shall be made by a line perpendicular to the line establishing the average depth of the lot, at any point where at least one-half the required minimum lot area would fall on each side of such line. The line establishing the average depth of the lot shall be a line extending from the midpoint of the street frontage to the rear of the lot and bisecting the lot into two equal halves. In no case, however, shall any lot have less than 50 feet of frontage along the front street line, nor shall any lot have less than 100 feet of frontage along the shore of Geneva Lake as measured at the ordinary high water mark. (4) Minimum Requirements. No existing lot area shall be reduced so as to create a lot of less than the required size or so that the existing setbacks, lot area, or minimum width would be reduced below that required by the regulations for the district in which such lot is located. (5) Existing Nonconforming Residential Lots. Where an existing vacant lot located within the municipal boundaries of the Village of Fontana does not meet the lot size requirements of the district in which it is located, it may be used as a single-family building site provided: a. In the SR-1 district, the lot is at least 24,000 square feet in area and has a minimum average width of at least 70 feet. b. In the SR-2 district, the lot is at least 12,000 square feet in area and has a minimum average width of at least 70 feet. c. In the SR-4 district the lot is at least 8,000 square feet in area and has a minimum average width of at least 50 feet. d. In the SR-5 district, the lot is at least 5,600 square feet in area and has a minimum average width of at least 50 feet. e. In the AH-35 district, a lot less than 35 acres in area that has no existing dwelling units (neither farm residence nor single-family residence) may be utilized, or one detached singlefamily dwelling unit may be constructed, provided the measurements of such lot area and dimensions are equal to or greater than 80 percent of the minimum requirements of the AH- 35 district, and adequate access to a public right-of-way is provided. f. The setback requirements in Article 2 shall apply, except that the required side yard setback for a principal building may be reduced by four inches for every foot of deficiency in lot width. Said reduction in the side yard setback shall only be applied at those lot lines Article 6: Nonconforming Situations 129 Draft #3: October 24, 2011

138 (d) (e) intersecting a line perpendicular to the line establishing the average lot depth as defined by a., below. In no case shall the reduction in setback be applied at the rear of the lot. In no case shall the reduction in setback be reduced below one-half the required setback. The reduction in required setback as allowed by this Section shall be divided in half, with each half applied equally to the setback line on each side of the line establishing the average depth of the lot as defined in subsection (c)(3), herein. g. Nothing in this section shall contravene the requirements for provision of adequate sanitation and water supply or of required setbacks. (6) Where public sanitary sewer is not provided, the width and area of any lot shall be sufficient to permit the use of on-site sewage disposal system in compliance with Wis. Admin. Code, ch. Comm 83. Any development occurring on substandard lots shall be required to meet the setback and other bulk requirements of this Chapter, unless a variance is granted per Section On lots where the site configuration and undeveloped area can sufficiently enable compliance with nonconformities in site design, no enlargement, expansion, or extension of a structure or paving shall be permitted if it makes compliance with site regulations of the Chapter impossible, even if said enlargement, expansion, or extension of the use or structure would otherwise be permissible. Section 18-94: Nonconforming Sites and Building Design (a) (b) (c) Definition. Nonconforming site and building design includes any development in which a principal use has been established prior to the effective date of this Chapter and in which one or more site or building design standards such as landscaped surface ratios, minimum landscape area (such as width of foundation planting, paved area islands, and street frontage landscaped areas), bufferyards, minimum parking, and lighting have not been met or cannot be met. Blanket Conforming Status. Blanket conforming status for any and all requirements of this Chapter is hereby automatically granted to the site and building design components of all developments in their configuration existing or as finally approved as of the effective date of this Chapter. However, after the effective date of this Chapter, such developments shall not be permitted to modify, enlarge, expand, or extend without bringing the development into compliance with the site and/or building design provisions of this Chapter, or to the extent practical without removal of lawful structures in accordance with the following Sections (c) through (e), below. (1) This Section is intended to prevent the creation of certain nonconforming sites related to building and site design subject to the requirements of this Chapter. These building and site design components may include one or more of the following: a. Build-to design requirements (e.g., minimum number of floors, maximum setbacks). See Article 2. b. Exterior building materials requirements. See Section c. Exterior building design requirements. See Section d. Parking, loading, access drive and other paved area design requirements. See Sections and e. Landscaping design requirements. See Article 11. f. Bufferyard design requirements. See Article 11. g. Fencing design requirements. See Section h. Lighting design requirements. See Section (2) This Section ensures that sites approved prior to the adoption of this Chapter do not encounter difficulty because they would otherwise be considered nonconforming. Enlargements, expansions, or extensions of buildings, structures, or paved areas that would result in creation of one or more nonconformities, render a nonconforming site incapable of being brought Article 6: Nonconforming Situations 130 Draft #3: October 24, 2011

139 (d) into full or greater compliance with nonconforming site requirements, or increase the degree of existing nonconformities with the site development standards of this Chapter, shall not be permitted, unless a variance is granted by the Zoning Board of Appeals under Section On lots with adequate configuration and area to bring the site into full or greater compliance with site design standards, said compliance shall be required at the time of any property improvement, modification, enlargement, or expansion requiring site plan review by the Plan Commission. The degree to which the property shall be made to comply with site design standards shall be proportional to the degree of property improvement per the following: (1) Total additions or expansions to structures on nonconforming sites shall require correction of existing nonconformities associated with on-site improvements in accordance with the following: a. Renovations that result in expansions to the total gross square footage of the existing structure(s), paved areas, and/or outdoor storage areas of less than 50 percent of the existing structural, paved area, and/or outdoor storage area shall require a corresponding percentage increase in compliance with the site improvements required by this Chapter until the site achieves 100 percent compliance. (Example: A property with a permitted, expandable use currently has only 50 percent of the required landscaping. An addition to the structure equaling 20 percent of the combined area of the existing structures on the site is proposed. Therefore, as a condition of approval, an additional 20 percent of landscaping required for the whole site must be added. In this instance, 70 percent of the landscaping requirement would be met upon completion of the improvements). b. Complete replacement of existing structures or expansions of the existing structures that result in a total of 50 percent or greater increase of total gross square footage to meet all of the site improvement requirements of this Chapter. The same requirements also apply to increased or new paved areas and outdoor areas used for outdoor operations/storage. (2) On lots where the configuration and undeveloped area of the nonconforming site provides insufficient space to bring the site into full compliance with all site requirements but nevertheless provides space to reduce the degree of one or more nonconformities, the Plan Commission shall make a determination as to the manner and degree to which each site nonconformities shall be brought into conformance. Section through 18-99: Reserved Article 6: Nonconforming Situations 131 Draft #3: October 24, 2011

140 Article 7: Overlay Zoning Districts 132 Draft #3: October 24, 2011

141 ARTICLE 7: OVERLAY ZONING DISTRICTS Section : Purpose The purpose of this Article is to establish overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth in Article 2 of this Chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying zoning district. Special requirements include mandatory protections against natural hazards and mandatory protections of valued natural resources and habitats. Each overlay district is intended to implement one or more aspects of the Comprehensive Plan and to ensure compliance with federal and state requirements. Section : How to Use This Article A given property may lie within one or more overlay zoning district based on its geographic location. The provisions of this Article are intended to be consulted before issuance of any building permit, site plan approval, conditional use permit, zoning permit, zoning change, or land division to ensure the intended use meets all of the requirements of any applicable overlay district, in addition to the underlying standard zoning district (see Article 2). For each overlay district established in this Article, a definition of the resource or geographic area is provided, followed by the specific purposes of the protective regulations governing the resource or geographic location, the method of delineating the boundaries of the overlay district, and the mandatory development regulations. Section : Overlay Zoning Districts For the purpose of this Chapter, the following overlay zoning districts are hereby established. FW Floodway District (Section ) FF Floodfringe District (Section ) GFP General Floodplain District (Section ) SW Shoreland-Wetland District (Section ) EC Environmental Corridor Overlay District (Section ) WP Wellhead Protection Overlay District (Section ) LS Lakeshore Overlay District (Section ) Section : Map of Overlay Zoning Districts Except where otherwise indicated in this Article, the overlay zoning districts are represented on the Official Overlay Zoning Map, adopted and from time to time amended by the Village of Fontana. Section : Floodway (FW) Overlay Zoning District Refer to Article 8 for regulations applicable to the Floodway District. Section : Floodfringe (FF) Overlay Zoning District Refer to Article 8 for regulations applicable to the Floodfringe District. Section : General Floodplain (GFP) Overlay Zoning District Refer to Article 8 for regulations applicable to the General Floodplain District. Section : Shoreland-Wetland (SW) Overlay Zoning District Refer to Article 9 for regulations applicable to the Shoreland-Wetland District. Article 7: Overlay Zoning Districts 133 Draft #3: October 24, 2011

142 Section : Environmental Corridor (EC) Overlay District (a) (b) (c) (d) (e) (f) Purpose. This district is intended to preserve, protect, and enhance lakes, ponds, wetlands, woodlands, wildlife habitat areas, areas of rough topography, and related scenic areas. The preservation, protection, and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; prevent flood damage; protect wildlife habitat; protect native plant communities; avoid location of structures on soils which are generally not suitable for such use; control erosion and sedimentation; and maintain the natural beauty of the Village of Fontana. District Boundary. The EC district encompasses those areas delineated as Primary and Secondary Corridors and Isolated Natural Features by SEWRPC, as amended form time to time. The boundaries are depicted on the Official Zoning Map. Components of Environmental Corridors. Environmental Corridor lands contain the following natural resource components: (1) 100-year floodplains. (2) Wetlands. (3) Shorelands. (4) Drainageways. (5) Steep Slopes (greater than 12 percent). (6) Woodlands. (7) Archaeological and historic sites. (8) Wildlife habitat. Permitted Uses. The following uses are permitted in the EC district: (1) Construction and maintenance of fences, piers, docks, walkways, including those built on pilings. (2) Hiking, fishing, trapping, hunting, swimming, and boating, unless prohibited by other laws or ordinances. (3) Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, syrup, tree fruits and tree seeds in a manner that is not injurious to the natural reproduction of such crops and that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating. (4) Silviculture, including the planting, thinning, and harvesting of timber, provided that no filing, flooding, draining, dredging, ditching, tiling, or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected. (5) Existing agricultural uses, provided that they do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided that they do not substantially disturb or impair the natural fauna, flora, topography, or water regimen. (6) Ditching, tilling, dredging, excavating, or filling done to maintain or repair an existing agricultural drainage system, only to the extent necessary to maintain the level of drainage required to continue the agricultural use. (7) Maintenance, repair, replacement, and reconstruction of existing streets, roads, and bridges. (8) Forest and game management. (9) Park and recreational activities and recreational trails. (10) Preservation of scenic, historic, natural areas and critical species habitat sites. Conditional Uses. The following uses are permitted as conditional uses within the EC district. (1) Passive recreational uses. (2) Public services and utilities. (3) Development activity meeting the requirements of this Section. Development Regulations within the EC District. Development may be accommodated in upland portions of the EC district as a conditional use. The following provisions shall apply: Article 7: Overlay Zoning Districts 134 Draft #3: October 24, 2011

143 (g) (h) (i) (j) (1) All development shall comply with all of the requirements of the underlying standard zoning district and the requirements of this Section specific to the EC district. (2) All land disturbing activities shall comply with Village Land Division Regulations and the Construction and Erosion Control Ordinance. (3) Development does not result in significant adverse water quality impacts or erosion potential as determined by the Village Engineer. (4) Development of the remaining corridor lands is prohibited by a conservation easement or deed restriction in a manner approved by the Village Attorney. (5) The development shall not threaten the environmental integrity or function of the remaining corridor. (6) Development is compact rather than scatted in nature. (7) No structures shall be erected within the protected open space areas as designated by the Village. (8) No lands shall be disturbed within the protected open space areas as designated by the Village. (9) No vegetation shall be removed from the protected open space area, except for invasive, nonnative, dead or diseased vegetation. All development shall meet the separation distance requirements in (g), below. Separation Distance Requirements. (1) The disturbed or developed area shall be located a minimum of 10 feet from woodlands. (2) The disturbed or developed area shall be located a minimum of 20 feet from steep slopes. (3) The disturbed or developed area shall be located a minimum of 30 feet from all wetlands, floodplains, and drainageways. Pre-Existing Lots. Single-family development on existing lots of record is permitted in accordance with the requirements of the underlying standard zoning district. Tree Cutting and Shrubbery Clearing Limited. Except as permitted under a conditional use permit, lands lying within the EC district shall not be clear cut of trees, shrubbery, or underbrush. No more than 10 percent of the natural vegetation shall be removed from a parcel. Areas not occupied by structures or driveways shall be replanted with other vegetation that is equally effective in retarding runoff, preventing erosion, and preserving natural beauty. Normal pruning, trimming, and shearing of vegetation; removal of dead, diseased, insect-infested vegetation; and silvicultural thinning conducted under the recommendation of a forester shall be exempt from this restriction. Enforcement. (1) Penalty. Any person who violates, neglects, or refuses to comply with any of the provisions of this Section shall be subject to a penalty as provided by the Village of Fontana Municipal Code. (2) Injunction. The Village may, in addition to any other remedy, seek an injunction or restraining order against the party alleged to have violated the provisions of this Section. (3) Restoration Costs. The person in violation of this Section shall perform mitigation measures, such as reforestation per Section , wetland enhancements, erosion mitigation, or slope stabilization as determined appropriate by the Village. As a substitute for, or in addition to any other action, the Village may commence legal action against the person in violation of this Section. Section : Wellhead Protection (WP) Overlay Zoning District (a) Purpose. Residents in the Village of Fontana-on-Geneva Lake depend exclusively on groundwater from groundwater aquifers underlying the Village for a safe water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of the WP district is to establish land use regulations and restrictions in order to protect the Village s water supply and well Article 7: Overlay Zoning Districts 135 Draft #3: October 24, 2011

144 (b) (c) fields, and to promote the health, safety and general welfare of the residents of the Village. Statutory authority of the Village to enact these regulations was established by 62.23(7)(a) and 62.23(7)(c), Wis. Stats. Under these statutes, the Village has the authority to enact this ordinance, effective within the incorporated areas of the Village. Definitions. (1) Cleanup Costs. All costs directly associated with the release of contaminants in violation of this Section, including, but not limited to, the cost of any consultants or professionals hired by the Village or Village employees, the cost of contractors hired by the Village or Village employees, Village costs for oversight, review, documentation and administration of a cleanup effort, and all costs incurred by the Village in prosecuting an alleged violation of this ordinance or in bringing a court action for injunctive or other legal relief as provided for in this Section. (2) Discharge. Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of a regulated substance into the waters or lands of the state. (3) Hazardous Chemicals. Chemicals identified by OSHA under 40 CFR Part 370. (4) Person. Any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this state, and any state, federal or interstate agency, or an agent or employee thereof. (5) Regulated Substances. Chemicals and chemical mixtures that are or may be health hazards. Health hazards for chemicals and chemical mixtures are typically identified on material safety data sheets (MSDS) available from the substance manufacturer or supplier. Substances packaged for consumption by humans or animals are not considered regulated substances. Regulated substances include, but are not limited to, the following: a. Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR , Appendix A, Health Hazard Definitions (Mandatory), and any future amendments thereto. b. Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard. c. Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises one percent or greater of the composition on a weight per unit weight basis. d. Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one tenth of one (0.1) percent or greater of the composition on a weight per unit weight basis. e. Ingredients of mixtures prepared within the WP district in cases where such ingredients are health hazards but comprise more than 0.1 percent of the mixture on a weight per unit basis of carcinogenic, or more than 1.0 percent of the mixture on a weight per unit weight basis if non-carcinogenic. f. Petroleum and nonsolid petroleum derivatives (except non-pcb dielectric fluids used in equipment for transmission of electric power to homes and businesses). Designation of Wellhead Protection Overlay District Boundaries. The WP district shall include property located, in whole or in part, in those areas described in Exhibit A, attached to Ordinance No and incorporated herein by reference, and depicted on the Official Zoning Map for the Village. Article 7: Overlay Zoning Districts 136 Draft #3: October 24, 2011

145 (d) Permitted uses. Subject to the limitation on available uses set forth in the underlying, basic zoning district, the following are exclusive permitted uses within the WP district, subject to the separation distances requirement set forth in (h)(3), below: (1) Public and private parks, playgrounds and beaches, provided there are no on-site wastewater disposal systems or holding tanks. (2) Wildlife and natural and woodland areas. (3) Biking, hiking, skiing, nature, equestrian and fitness trails. (4) Municipally sewered residential development. (5) Residential use of above ground LP gas tanks for heating, not to exceed 1,000 gallons. (6) Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances do not exceed 20 gallons or 160 pounds at any time. (e) Conditional Uses. Subject to the limitation on available uses set forth in the underlying, basic zoning district, the following are conditional uses within the Wellhead Protection Overlay zoning district, subject to the separation distance requirement set forth at Subsection (h)(3) herein: (1) Nurseries for ornamental plants, green houses, and associated retail sales outlets. (2) Pesticide and fertilizer storage and use associated with a permitted use or conditional use. (3) Golf courses. (4) Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances do not exceed 20 gallons or 160 pounds at any time. (5) Subject to the prohibition against underground storage tanks set forth herein, motor vehicle services, including service stations, automobile repair and/or renovation, and automobile body working. (f) Conditional Use Procedure. In addition to those procedures set forth more specifically in Section , any conditional use application for a use listed in this Section shall first be submitted for review and an advisory, non-binding recommendation by the Wellhead Protection Review Committee to the Plan Commission. For purposes of this Section, the Wellhead Protection Review Committee shall be comprised of the Public Works Director, Village Engineer, and the Village Administrator. The Wellhead Protection Review Committee may establish written procedures not inconsistent with the terms of this Section governing their role in the conditional use process; provided, however that the following requirements shall be met for all conditional use permits issued for conditional uses listed in this WP district and to be undertaken within the boundaries of the WP district: (1) No conditional use permit shall be issued for any conditional use listed in the WP district without first obtaining an advisory recommendation by the Wellhead Protection Review Committee. (2) The Wellhead Protection Review Committee shall make its recommendation within 30 days following receipt of both an application for a conditional use permit and all information deemed necessary by the Wellhead Protection Review Committee in order to render a decision. (g) Prohibited uses. All uses not otherwise listed as a permitted use in (d), above, or listed as a conditional use pursuant to (e), above, shall be prohibited uses within the WP district, including, but not limited to, the following uses: (1) Cemeteries. (2) Chemical manufacturers. (3) Coal storage. (4) Industrial lagoons and pits. (5) Landfills and any other solid waste facility, except postconsumer recycling. (6) Manure and animal waste storage. (7) Mining, including sand and gravel pits. Article 7: Overlay Zoning Districts 137 Draft #3: October 24, 2011

146 (h) (8) Pesticide and fertilizer dealership, pesticide and fertilizer transfer facility or pesticide and fertilizer storage facility not incidental to a permitted use or an approved conditional use. (9) Railroad yards and maintenance stations. (10) Rendering plants and slaughterhouses. (11) Salt or deicing material storage. (12) Salvage or junk yards. (13) Septage or sludge spreading, storage or treatment. (14) Septage, wastewater, or sewage lagoons. (15) Private on-site wastewater treatment systems or holding tanks. (16) Stockyards and feedlots. (17) Stormwater filtration basins without pre-treatment, including vegetative filtration and/or temporary detention. (18) Wood preserving operations. (19) Underground hydrocarbon, petroleum or hazardous chemical storage tanks. (20) Dry cleaners. Requirements for Existing Facilities Which May Cause or Threaten to Cause Environmental Pollution. (1) Existing facilities within the WP district at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, the WisDNR draft or current list of Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution, Wisconsin Department of Commerce s list of underground storage tanks, list of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in prohibited uses, (g), above or a conditional use in (e), above, all of which are incorporated herein as if fully set forth: a. Such facilities as above cannot engage in or employ a use, activity, or structure listed in prohibited uses, (g), or in conditional uses, (e), which they did not engage in or employ at the time of enactment of a district and can only expand, replace or rebuild those present uses, activities, equipment or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity or structure listed as a prohibited use or conditional use shall be expanded, replaced or rebuilt unless a conditional use permit is granted for such expansion, replacement or rebuilding. This Section does not apply to normal maintenance or minor repairs. (2) Additional regulations within the WP district. a. No person shall intentionally or negligently discharge or cause the discharge of a regulated substance within the WP district. b. In addition to any reporting requirement imposed by state or federal law, any person with direct knowledge of a spill, leak, or discharge of a regulated substance, within the WP district shall, if such spill, leak, or discharge escapes containment or contacts a non-impervious ground surface and is not immediately and completely remediated, give notice to the Village Fire Department utilizing the 911 service and give notice to the Public Works Director by telephone within 30 minutes. The notification shall include, at a minimum, the location of the incident, name and telephone number of the contacting party, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken. c. Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the Village in response to such an incident, in addition to the amount of any fines imposed on account thereof under state and federal law; said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks or Article 7: Overlay Zoning Districts 138 Draft #3: October 24, 2011

147 (i) discharges as soon as practicable following the incident, but no later than 180 days after the incident. (3) Separation Distance Requirements. The separation distance requirement specified in NR (4)(d) shall be maintained, including, but not limited to the following: a. Fifty (50) feet between a well and a storm sewer main. b. Two hundred (200) feet between a 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 AWWA C600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet. c. Four hundred (400) feet between a well and a septic tank or soil absorption unit receiving less than 8,000 gallons per day, a cemetery or a storm water drainage pond. d. Six hundred (600) feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Department of Commerce or its designated agent under Comm e. One thousand (1,000) feet between a well and land application of municipal, commercial or industrial waste; the boundaries of a land spreading facility for spreading petroleumcontaminated soil regulated under 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 absorption units receiving 8,000 gallons per day or more. f. One thousand two hundred (1,200) feet between a 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 Ch. NR 140 enforcement standards that is shown on the Department of Commerce 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 Department of Commerce or its designated agent under 10.10, Wis. Comm.; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities. (4) Excessive Use of Fertilizer. No agricultural crop production shall apply fertilizer in amounts in excess of soil test recommendations produced by the University of Wisconsin or the University of Wisconsin Extension for that field. Such tests shall account for nutrients from existing crops and manure in determining crop nutrient need. Enforcement. (1) Penalty. Any person who violates, neglects, or refuses to comply with any of the provisions of this Section shall be subject to a penalty as provided by the Village of Fontana Municipal Code. (2) Injunction. The Village may, in addition to any other remedy, seek an injunction or restraining order against the party alleged to have violated the provisions of this Section, the cost of which shall be charged to the defendant in such action. (3) Cleanup Costs. As a substitute for, or in addition to any other action, the Village may commence legal action against both the person who spills, leaks, or discharges a regulated substance in violation of this ordinance and the owner of the facility whereupon the regulated substance was spilled, leaked or discharged to recover the costs of any alleged violation of this Section, together with the costs of prosecution. The person who spills, leaks or discharges such regulated substances in violation of this Section and the person who owns the facility whereon the regulated substances have been spilled, leaked or discharged shall be jointly and severally responsible for the cost of cleanup. Article 7: Overlay Zoning Districts 139 Draft #3: October 24, 2011

148 Section : Lakeshore (LS) Overlay Zoning District (a) (b) (c) Purpose. This district is intended to set forth requirements for the protection of the water quality and environmental integrity of Geneva Lake. District Boundary. The LS district is defined as all lands within 75 feet from the ordinary high water mark of Geneva Lake. This district does not apply to waters adjacent to Geneva Lake, including but not limited to the Abbey Harbor Marina, Pottawatomie Creek, Van Slyke Creek, or North Lower Gardens Stream. Regulations. (1) Except as permitted under a conditional use permit, lands located within the LS district shall not be clear cut of trees, shrubbery, or underbrush. No more than 10 percent of the natural vegetation shall be removed from a parcel as defined by drip line area. Areas subject to land disturbance such as grading, excavation, or filling, and not occupied by structures or driveways shall be replanted with native vegetation that is equally effective in retarding runoff, preventing erosion, and preserving natural beauty. Normal pruning, trimming, and shearing of vegetation; removal of dead, diseased, insect-infested vegetation; and silvicultural thinning conducted under the recommendation of a forester shall be exempt from this restriction. (2) No land disturbance, including grading and filling, may occur without obtaining Village staff approval of detailed grading and erosion control plans. (3) The installation of any and all new impervious surface areas shall require site plan approval per the requirements of Section The maintenance or replacement of impervious surface areas existing as of the effective date of this Chapter shall be permitted by right. It shall be the responsibility of the property owner to provide proof of said existence to the satisfaction of the Village. Section through : Reserved Article 7: Overlay Zoning Districts 140 Draft #3: October 24, 2011

149 ARTICLE 8: FLOODPLAIN ZONING ORDINANCE Section : Statutory Authorization This ordinance is adopted pursuant to the authorization in ss and 62.23, for villages and cities; 59.69, , and for counties; and the requirements in s , Stats. Section : Finding of Fact Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base. Section : Statement of Purpose This ordinance is intended to regulate floodplain development to: (a) Protect life, health, and property. (b) Minimize expenditures of public funds for flood control projects. (c) Minimize rescue and relief efforts undertaken at the expense of the taxpayers. (d) Minimize business interruptions and other economic disruptions. (e) Minimize damage to public facilities in the floodplain. (f) Minimize the occurrence of future flood blight areas in the floodplain. (g) Discourage the victimization of unwary land and homebuyers. (h) Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners. (i) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. Section : Title This ordinance shall be known as the Floodplain for the Village of Fontana-on-Geneva Lake, Wisconsin. Section : General Provisions (a) (b) Areas Regulated. This ordinance regulates all areas that would be covered by the regional flood or base flood. Note: Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS). Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as A-Zones on the Flood Insurance Rate Map (FIRM). Official Maps and Revisions. The boundaries of all floodplain districts are designated as floodplains or A-Zones on the maps listed below and the revisions in the Village of Fontana-on-Geneva Lake Floodplain Appendix. Any change to the base flood elevations in the FIS or on the FIRM must be reviewed and approved by the DNR and FEMA before it is effective. No changes to regional flood elevations on non-fema maps shall be effective until approved by the DNR. These maps and revisions are on file at Village Hall. (1) Official Maps. FIRM panel numbers 55127C0305D, 55127C0312D, 55127C0316D dated October 2, 2009; with corresponding profiles that are based on the FIS, volume 55127CV000A, dated October 2, Article 8: Floodplain 141 Draft #3: October 24, 2011

150 Section : Establishment of Districts The regional floodplain areas are divided into three districts as follows: (a) The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters. (b) The Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway. (c) The General Floodplain District (GFP) is those areas that have been or may be covered by floodwater during the regional flood. Section : Locating Floodplain Boundaries Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in paragraphs (a) or (b) below. If a significant difference exists, the map shall be amended according to Section The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to Section (c)(2) and the criteria in (a) through (c), below. (a) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies. (b) Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual on-site inspection and any information provided by the DNR. (c) Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to Section Section : Removal of Lands from Floodplain Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Section Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change (LOMC). Section : Compliance Any development or use within the areas regulated by this ordinance shall be in compliance with the terms of this ordinance, and other applicable local, state, and federal regulations. Section : Municipalities and State Agencies Regulated Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when , Wis. Stats., applies. Section : Abrogation and Greater Restrictions (a) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under 59.69, or for counties; for cities; or for villages; or 87.30, Wis. Stats., which relate to floodplains. If another ordinance is more restrictive than this ordinance, that ordinance shall (b) continue in full force and effect to the extent of the greater restrictions, but not otherwise. This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. Article 8: Floodplain 142 Draft #3: October 24, 2011

151 Section : Interpretation In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by Chapter NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance. Section : Warning and Disclaimer of Liability The flood protection standards in this ordinance are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this ordinance create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance. Section : Severability Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. Section : Annexed Areas for Cities and Villages The Walworth County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Chapter. NR 116, Wis. Adm. Code and the National Flood Insurance Program (NFIP). These annexed lands are described on the municipality s official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway. Section : General Development Standards The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance. Section : General Development Standards Applicable to All Floodplain Districts (a) Hydraulic and Hydrologic Analyses. (1) Except as allowed in subsection (3), below, no floodplain development shall: a. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or b. Increase regional flood height due to floodplain storage area lost, which equals or exceeds 0.01 foot. Article 8: Floodplain 143 Draft #3: October 24, 2011

152 (b) (c) (d) (2) The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of subsection (3) are met. (3) Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Section (4) Note: This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM or other adopted map. Any such alterations must be reviewed and approved by FEMA and the DNR. Watercourse Alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, DNR and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the Zoning Administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required. Development Under Chapter 30, 31, Wisconsin Statutes. Development which requires a permit from DNR under Chapters. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, BFE s established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or the floodplain zoning ordinance are made according to Section Public or Private Campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions: (1) The campground is approved by the Department of Health Services. (2) A land use permit for the campground is issued by the Zoning Administrator. (3) The character of the river system and the elevation of the campground is such that a 72-hour warning of an impending flood can be given to all campground occupants. (4) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation. (5) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated by the officials identified in (4), above to remain in compliance with all applicable regulations, including those of the state Department of Health Services and all other applicable regulations. (6) Only camping units are allowed. (7) The camping units may not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours. (8) All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section. Article 8: Floodplain 144 Draft #3: October 24, 2011

153 (9) The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section. (10) All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either Section or Section for the floodplain district in which the structure is located. (11) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued. (12) All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation. Section : Floodway District (FW) (a) Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Section (d). (b) Permitted Uses. The following open space uses are allowed in the floodway district and the floodway areas of the general floodplain district, if they are not prohibited by any other ordinance; they meet the standards in Subsections (c) and (d); and all permits or certificates have been issued according to Section (a). (1) Agricultural uses, such as farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting. (2) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips. (3) Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of Subsection (c)(4). (4) Uses or structures accessory to open space uses, or classified as historic structures that comply with Subsections (c) and (d). (5) Extraction of sand, gravel or other materials that comply with Subsection (c)(4). (6) Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Chapters 30, 31, Wis. Stats. (7) Public utilities, streets and bridges that comply with Subsection (c)(3). (c) Standards for Developments in Floodway Areas. (1) General. a. Any development in floodway areas shall comply with Section (a) and have low flood damage potential. b. Applicants shall provide the following data to determine the effects of the proposal according to Section (a): 1. A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or 2. An analysis calculating the effects of this proposal on regional flood height. c. The Zoning Administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for subsection b., above. (2) Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria: Article 8: Floodplain 145 Draft #3: October 24, 2011

154 (d) a. The structure is not designed for human habitation and does not have a high flood damage potential. b. It must be anchored to resist flotation, collapse, and lateral movement; mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and it must not obstruct the flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. (3) Public Utilities, Streets, and Bridges. Public utilities, streets and bridges may be allowed by permit, if: a. Adequate floodproofing measures are provided to the flood protection elevation; and b. Construction meets the development standards of (a). (4) Fills or Deposition of Materials. Fills or deposition of materials may be allowed by permit, if: a. The requirements of (a) are met; b. No material is deposited in the navigable channel unless a permit is issued by the DNR pursuant to Chapter 30, Wis. Stats., and a permit pursuant to 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C has been issued, if applicable, and the other requirements of this section are met; c. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and d. The fill is not classified as a solid or hazardous material. Prohibited Uses. All uses not listed as permitted uses in Subsection (b) are prohibited, including the following uses: (1) Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses. (2) Storing materials that are buoyant, flammable, explosive, or injurious to property, water quality, or human, animal, plant, fish or other aquatic life. (3) Uses not in harmony with or detrimental to uses permitted in the adjoining districts. (4) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and DNR-approved campgrounds that meet the applicable provisions of local ordinances and Chapter COMM 83, Wis. Adm. Code. (5) Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Chapters NR 811 and NR 812, Wis. Adm. Code. (6) Any solid or hazardous waste disposal sites. (7) Any wastewater treatment ponds or facilities, except those permitted under NR (3)(b), Wis. Adm. Code. (8) Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied. Section : Floodfringe District (FF) (a) (b) (c) Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to Section (d). Permitted Uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in Section (c) are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in Section (a) have been issued. Standards for Development in Floodfringe Areas. Section (a) shall apply in addition to the following requirements according to the use requested. Article 8: Floodplain 146 Draft #3: October 24, 2011

155 (1) Residential Uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the floodfringe area, shall meet or exceed the following standards: a. The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The DNR may authorize other floodproofing measures if the elevations of existing streets or sewer lines make compliance impractical. b. The basement or crawlway floor may be placed at the regional flood elevation if it is floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation. c. Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in d., below. d. In developments where existing street or sewer line elevations make compliance with c., above impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if: 1. The municipality has written assurance from police, fire, and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or 2. The municipality has a natural disaster plan approved by Wisconsin Emergency Management and the DNR. (2) Accessory Structures or Uses. a. Except as provided in b., below, an accessory structure which is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation. b. An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of Sections (c)(2) and (c)(5). (3) Commercial Uses. Any commercial structure which is erected, altered, or moved into the floodfringe area shall meet the requirements of Section (c)(1). Subject to the requirements of (c)(5), storage yards, surface parking lots, and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (4) Manufacturing and Industrial Uses. Any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other flood proofing measures in Section (e). Subject to the requirements of (c)(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (5) Storage of Materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality, or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with Section (e). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding. (6) Public Utilities, Streets, and Bridges. a. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans. b. When failure of public utilities, streets, and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with Section (e) to the flood protection elevation. Article 8: Floodplain 147 Draft #3: October 24, 2011

156 c. Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. (7) Sewage Systems. All on-site sewage disposal systems shall be floodproofed, pursuant to Section (e), to the flood protection elevation and shall meet the provisions of all local ordinances and Chapter COMM 83, Wis. Adm. Code. (8) Wells. All wells shall be floodproofed, pursuant to Section (e), to the flood protection elevation and shall meet the provisions of Chapters NR 811 and NR 812, Wis. Adm. Code. (9) Solid Waste Disposal Sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas. (10) Deposition of Materials. Any deposited material must meet all the provisions of this ordinance. (11) Manufactured Homes. a. Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage. b. Owners or operators of all manufactured home parks and subdivisions shall secure approval and file an evacuation plan indicating vehicular access and escape routes with local emergency management authorities. c. In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: 1. Have the lowest floor elevated to the flood protection elevation; and 2. Be anchored so they do not float, collapse, or move laterally during a flood. d. Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement, and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in Section (c)(1). (12) Mobile Recreational Vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in Section (c)(11)b. and c. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions. Section : General Floodplain District (GFP) (a) (b) (c) (d) Applicability. The provisions for this district shall apply to all floodplains for which flood profiles are not available or where flood profiles are available but floodways have not been delineated. Floodway and floodfringe districts shall be delineated when adequate data is available. Permitted Uses. Pursuant to Subsection (d), it shall be determined whether the proposed use is located within a floodway or floodfringe area. Those uses permitted in floodway (Section (b)) and floodfringe areas (Section (b)) are allowed within the general floodplain district, according to the standards of Subsection (c), provided that all permits or certificates required under Section have been issued. Standards for Development in the General Floodplain District. Section (c) applies to floodway areas and Section (c) applies to floodfringe areas. The rest of this ordinance applies to either district. Determining Floodway and Floodfringe Limits. Upon receiving an application for development within the general floodplain district, the Zoning Administrator shall: (1) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures. Article 8: Floodplain 148 Draft #3: October 24, 2011

157 (2) Require the applicant to furnish any of the following information deemed necessary by the DNR to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries: a. A typical valley cross-section showing the stream channel, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information. b. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information. c. Profile showing the slope of the bottom of the channel or flow line of the stream. d. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities. (3) Transmit one copy of the information described in Subsections (d)(1) and (2) to the DNR Regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of Section (a)(2) apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations. Section : Nonconforming Uses (a) General. (1) Applicability. If these standards conform with 62.23(7)(h), Wis. Stats., for cities and villages, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. (2) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions: a. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words modification and addition include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered an extension, modification or addition; these include painting, decorating, paneling and the replacement of doors, windows, and other nonstructural components and the maintenance, repair, or replacement of existing private sewage or water supply systems or connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of a damaged structure. b. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure. c. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance. d. The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure s total current value those modifications represent. e. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is Article 8: Floodplain 149 Draft #3: October 24, 2011

158 (b) permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section (c)(1). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50 percent provisions of this paragraph. 1. Except as provided in Subsection 2, below if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50 percent of the structure s present equalized assessed value. 2. For nonconforming buildings that are damaged or destroyed by a non-flood disaster, the repair or reconstruction of any such nonconforming building may be permitted in order to restore it after the non-flood disaster, provided that the nonconforming building will meet all of the minimum requirements under applicable FEMA regulations (44 CFR Part 60), or the regulations promulgated thereunder. f. A nonconforming historic structure may be altered if the alteration will not preclude the structure s continued designation as a historic structure, the alteration will comply with Section (a), flood resistant materials are used, and construction practices and floodproofing methods that comply with Section (e) are used. Floodway Areas. (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition: a. Has been granted a permit or variance which meets all ordinance requirements; b. Meets the requirements of Section ; c. Will not increase the obstruction to flood flows or regional flood height; d. Any addition to the existing structure shall be floodproofed, pursuant to Section (e), by means other than the use of fill, to the flood protection elevation; e. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: 1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade. 2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials. 3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation. 4. The use must be limited to parking or limited storage. (2) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair, or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances and Chapter COMM 83, Wis. Adm. Code. (3) No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway area. Any replacement, repair, or maintenance of an existing well in a floodway area shall meet the applicable requirements of all municipal ordinances and Chapters. NR 811 and NR 812, Wis. Adm. Code. Article 8: Floodplain 150 Draft #3: October 24, 2011

159 (c) Floodfringe Areas. (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in Sections (c) and (e), except where Section (c)(2) is applicable. (2) Where compliance with the provisions of Subsection (1), above, would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Zoning Board of Appeals, using the procedures established in Section (c), may grant a variance from those provisions of Subsection (1), above, for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: a. No floor is allowed below the regional flood elevation for residential or commercial structures; b. Human lives are not endangered; c. Public facilities, such as water or sewer, will not be installed; d. Flood depths will not exceed two feet; e. Flood velocities will not exceed two feet per second; and f. The structure will not be used for storage of materials as described in Section (c)(5). (3) If neither the provisions of Subsections (1) or (2), above can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the floodfringe, if the addition: a. Meets all other regulations and will be granted by permit or variance; b. Does not exceed 60 square feet in area; and c. In combination with other previous modifications or additions to the building, does not equal or exceed 50 percent of the present equalized assessed value of the building. (4) All new private sewage disposal systems or addition to, replacement, repair, or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances and Chapter COMM 83, Wis. Adm. Code. (5) All new wells or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance and Chapter NR 811 and NR 812, Wis. Adm. Code. Section : Administration Where a Zoning Administrator, planning agency or Zoning Board of Appeals has already been appointed to administer a adopted under 59.69, or 62.23(7), Wis. Stats., these officials shall also administer this ordinance. (a) Zoning Administrator. (1) The Zoning administrator is authorized to administer this ordinance and shall have the following duties and powers: a. Advise applicants of the ordinance provisions. b. Assist in preparing permit applications and appeals. c. Ensure that the regional flood elevation for the proposed development is shown on all permit applications. d. Issue permits and inspect properties for compliance with provisions of this ordinance, and issue certificates of compliance where appropriate. e. Inspect all damaged floodplain structures and perform a substantial damage assessment to determine if substantial damage to the structures has occurred. f. Keep records of all official actions such as: Article 8: Floodplain 151 Draft #3: October 24, 2011

160 1. All permits issued, inspections made, and work approved. 2. Documentation of certified lowest floor and regional flood elevations for floodplain development. 3. Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances, and amendments. 4. All substantial damage assessment reports for floodplain structures. g. Submit copies of the following items to the DNR regional office: 1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments. 2. Copies of any case-by-case analyses, and any other information required by the DNR, including an annual summary of the number and types of floodplain zoning actions taken. 3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments. h. Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the DNR regional office. i. Submit copies of text and map amendments and biennial reports to the FEMA regional office. (2) Land Use Permit. A land use permit shall be obtained before any new development or any repair or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the Zoning Administrator shall include: a. General Information. 1. Name and address of the applicant, property owner and contractor. 2. Legal description, proposed use, and whether it is new construction or a modification. b. Site Plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain: 1. Location, dimensions, area and elevation of the lot. 2. Location of the ordinary high water mark of any abutting navigable waterways. 3. Location of any structures with distances measured from the lot lines and street center lines. 4. Location of any existing or proposed on-site sewage systems or private water supply systems. 5. Location and elevation of existing or future access roads. 6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps. 7. The elevation of the lowest floor of proposed buildings and any fill using vertical datum from the adopted study, either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD). 8. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Section or Section are met. 9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to Section (a). This may include any of the information noted in Section (a). c. Data Requirements to Analyze Developments. 1. The applicant shall provide all survey data and computations required to show the effects of the project on flood heights, velocities and floodplain storage, for all subdivision proposals, as subdivision is defined in Chapter 236, Wis. Stats., and other Article 8: Floodplain 152 Draft #3: October 24, 2011

161 (b) (c) proposed developments exceeding five acres in area or where the estimated cost exceeds $125,000. The applicant shall provide: a. An analysis of the effect of the development on the regional flood profile, velocity of flow and floodplain storage capacity. b. A map showing location and details of vehicular access to lands outside the floodplain. c. A surface drainage plan showing how flood damage will be minimized. 2. The estimated cost of the proposal shall include all structural development, landscaping, access and road development, utilities, and other pertinent items, but need not include land costs. d. Expiration. All permits issued under the authority of this ordinance shall expire 18 months after issuance. (3) Certificate of Compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the Zoning Administrator, except where no permit is required, subject to the following provisions: a. The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance. b. Application for such certificate shall be concurrent with the application for a permit. c. If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed. d. The applicant shall submit a certification signed by a registered professional engineer or registered land surveyor that the fill, lowest floor, and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or registered architect that floodproofing measures meet the requirements of Section (e). (4) Other Permits. The applicant must secure all necessary permits from federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C Zoning Agency. (1) The Plan Commission shall: a. Oversee the functions of the office of the Zoning Administrator. b. Review and advise the Village Board on all proposed amendments to this ordinance, maps, and text. (2) This zoning agency shall not: a. Grant variances to the terms of the ordinance in place of action by the Zoning Board of Appeals. b. Amend the text or zoning maps in place of official action by the Village Board. Zoning Board of Appeals. (1) The Zoning Board of Appeals, created under 62.23(7)(e), Wis. Stats., is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator may not be the secretary of the Board. a. Powers and Duties. The Zoning Board of Appeals shall: 1. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this ordinance. 2. Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map. Article 8: Floodplain 153 Draft #3: October 24, 2011

162 3. Hear and decide, upon appeal, variances from the ordinance standards. b. Appeals to the Board. Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed. c. Notice and Hearing for Appeals Including Variances. 1. Notice The Board shall: a. Fix a reasonable time for the hearing. b. Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing. c. Assure that notice shall be mailed to the parties in interest and the DNR regional office at least 10 days in advance of the hearing. 2. Hearing Any party may appear in person or by agent. The Board shall: a. Resolve boundary disputes according to Section (c)(2). b. Decide variance applications according to Section (c)(3). c. Decide appeals of permit denials according to Section (d). 3. Decision. The final decision regarding the appeal or variance application shall: a. Be made within a reasonable time. b. Be sent to the DNR regional office within 10 days of the decision. c. Be a written determination signed by the chairman or secretary of the Board. d. State the specific facts which are the basis for the Board s decision. e. Affirm, reverse, vary, or modify the order, requirement, decision, or determination appealed, in whole or in part, or dismiss the appeal for lack of jurisdiction or grant or deny the variance application. f. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings. (2) Boundary Disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries: a. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined. b. In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board. c. If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to Section (3) Variance. a. The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that: 1. Literal enforcement of the ordinance provisions will cause unnecessary hardship. 2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended. 3. The variance is not contrary to the public interest. 4. The variance is consistent with the purpose of this ordinance in Section Article 8: Floodplain 154 Draft #3: October 24, 2011

163 (d) (e) b. In addition to the criteria in Subsection a., above, to qualify for a variance under FEMA regulations, the following criteria must be met: 1. The variance may not cause any increase in the regional flood elevation. 2. Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the regional flood elevation. 3. Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the ordinance. c. A variance shall not: 1. Grant, extend or increase any use prohibited in the zoning district. 2. Be granted for a hardship based solely on an economic gain or loss. 3. Be granted for a hardship which is self-created. 4. Damage the rights or property values of other persons in the area. 5. Allow actions without the amendments to this ordinance or map(s) required in Section (a). 6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. d. When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy shall be maintained with the variance record. To Review Appeals of Permit Denials. (1) The Zoning Agency (Section (b)) or Board shall review all data related to the appeal. This may include: a. Permit application data listed in Section (a)(2). b. Floodway/floodfringe determination data in Section (d). c. Data listed in Section (c)(1)b. where the applicant has not submitted this information to the Zoning Administrator. d. Other data submitted with the application, or submitted to the Board with the appeal. (2) For appeals of all denied permits the Board shall: a. Follow the procedures of Section (c). b. Consider zoning agency recommendations. c. Either uphold the denial or grant the appeal. (3) For appeals concerning increases in regional flood elevation the Board shall: a. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners. b. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot provided no other reasons for denial exist. Floodproofing. (1) No permit or variance shall be issued until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation. (2) Floodproofing measures shall be designed to: a. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors. b. Protect structures to the flood protection elevation. Article 8: Floodplain 155 Draft #3: October 24, 2011

164 (f) c. Anchor structures to foundations to resist flotation and lateral movement. d. Insure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention. (3) Floodproofing measures could include: a. Reinforcing walls and floors to resist rupture or collapse caused by water pressure or floating debris. b. Adding mass or weight to prevent flotation. c. Placing essential utilities above the flood protection elevation. d. Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures. e. Constructing water supply wells and waste treatment systems to prevent the entry of flood waters. f. Putting cutoff valves on sewer lines or eliminating gravity flow basement drains. Public Information. (1) Place marks on structures to show the depth of inundation during the regional flood. (2) All maps, engineering data, and regulations shall be available and widely distributed. (3) All real estate transfers should show what floodplain zoning district any real property is in. Section : Amendments (a) General. The governing body may change or supplement the floodplain zoning district boundaries and this ordinance in the manner provided by law. Actions which require an amendment include, but are not limited to, the following: (1) Any change to the official floodplain zoning map, including the floodway line or boundary of any floodplain area. (2) Correction of discrepancies between the water surface profiles and floodplain zoning maps. (3) Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain. (4) Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01 foot or more. (5) Any upgrade to a floodplain zoning ordinance text required by NR , Wis. Adm. Code, or otherwise required by law, or for changes by the Village of Fontana. (6) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. (b) (7) Note: Consult the FEMA web site ( for the map change fee schedule. Procedures. Ordinance amendments may be made upon petition of any interested party according to the provisions of 62.23, Wis. Stats. Such petitions shall include all necessary data required by Sections (d) and (a)(2). (1) The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the DNR regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of 62.23, Wis. Stats. (2) No amendments shall become effective until reviewed and approved by the DNR. (3) All persons petitioning for a map amendment that obstructs flow, increasing regional flood height 0.01 foot or more, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the Village Board. Article 8: Floodplain 156 Draft #3: October 24, 2011

165 (4) For amendments in areas with no water surface profiles, the zoning agency or board shall consider data submitted by the DNR, the Zoning Administrator s visual on-site inspections and other available information. Section : Enforcement and Penalties Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the Village of Fontana a penalty of not less than $ and not more than $200.00, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to 87.30, Wis. Stats. Section : Definitions Unless specifically defined, words and phrases in this Ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future; the singular number includes the plural and the plural number includes the singular. The word may is permissive; shall is mandatory and is not discretionary. A Zones: Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. Accessory Structure or Use: A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure, or building. Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM. Basement: Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides. Building: See Structure. Building Line: A line on a lot, generally parallel to a lot line or public or private road right-of-way line, located a sufficient distance from either to provide the minimum yards required by this Chapter. The building line determines the area in which buildings are permitted subject to all applicable provisions of this Chapter. This is also referred to as a setback. Bulkhead Line: A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the DNR pursuant to 30.11, Wis. Stats., and which allows limited filling between this bulkhead line and the original ordinary high water mark, except where such filling is prohibited by the floodway provisions of this ordinance. Campground: Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. Camping Unit: Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, tent or other mobile recreational vehicle. Certificate of Compliance: A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance. Channel: A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. Crawlways or Crawlspace: An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities. Deck: An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation. Department: Wisconsin Department of Natural Resources. Article 8: Floodplain 157 Draft #3: October 24, 2011

166 Development: Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. Dry Land Access: A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. Encroachment: Any fill, structure, equipment, building, use or development in the floodway. Existing Manufactured Home Park or Subdivision: A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads Expansion to Existing Mobile/Manufactured Home Park: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads. Federal Emergency Management Agency (FEMA): The federal agency that administers the National Flood Insurance Program. Flood Insurance Rate Map (FIRM): A map of a community on which the Federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: (a) The overflow or rise of inland waters. (b) The rapid accumulation or runoff of surface waters from any source. (c) The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior. (d) 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 determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year. Floodfringe: That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. Flood Hazard Boundary Map: A map depicting approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map (FIRM). Flood Insurance Study: A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. Article 8: Floodplain 158 Draft #3: October 24, 2011

167 Floodplain: Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes. Floodplain Island: A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. Floodplain Management: Policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. Flood Profile: A graph or a 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 provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. Flood Protection Elevation: An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: Freeboard). Flood Storage: Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. Floodway: The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. Freeboard: A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. Habitable Structure: Any structure or portion thereof used or designed for human habitation. Hearing Notice: Publication or posting meeting the requirements of Chapter 985, Wis. Stats. A Class 1 notice, published once at least 10 days prior to public hearing, is the minimum required for appeals. A Class 2 notice, published twice, once each week consecutively, the last at least 10 days before the public hearing, is the minimum required for all zoning ordinances and amendments including map amendments. High Flood Damage Potential: Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents. Historic Structure: Any structure that is one of the following: (a) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register. (b) 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. (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior. (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. Increase in Regional Flood Height: A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, based on 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. Land Use: Any nonstructural use made of unimproved real estate. (Also see development ). Manufactured Home: A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term manufactured home includes a mobile home but does not include a mobile recreational vehicle. Article 8: Floodplain 159 Draft #3: October 24, 2011

168 Mobile Recreation Vehicle: A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles." Municipality or Municipal: The Village of Fontana. NAVD or North American Vertical Datum: Elevations referenced to mean sea level datum, 1988 adjustment. NGVD or National Geodetic Vertical Datum: Elevations referenced to mean sea level datum, 1929 adjustment. New Construction: For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. Nonconforming Structure: An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this Ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming. Nonconforming Use: An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this Ordinance for the area of the floodplain which it occupies (such as a residence in a floodway). Obstruction to Flow: Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. Official Floodplain Zoning Map: That map, adopted and made part of this ordinance, as described in Section (b), which has been approved by the DNR and FEMA. Open Space Use: Those uses having relatively low flood damage potential and not involving structures. Ordinary High Water Mark: 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. Person: An individual, or group of individuals, corporation, partnership, association, municipality, or state agency. Private Sewage System: A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. Public Utilities: Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer. Reasonably Safe From Flooding: Means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area and that any subsurface waters related to the base flood will not damage existing or proposed buildings. Regional Flood: A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE. Article 8: Floodplain 160 Draft #3: October 24, 2011

169 Start of Construction: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure: Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. Subdivision: Has the meaning given in Section (12), Wis. Stats. Substantial Damage: Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. Unnecessary Hardship: Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. Variance: An authorization from the Zoning Board of Appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the Floodplain. Violation: The failure of a structure or other development to be fully compliant with the floodplain zoning Ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. Watershed: The entire region contributing runoff or surface water to a watercourse or body of water. Water Surface Profile: A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas. Well: An excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. Sections through : Reserved Article 8: Floodplain 161 Draft #3: October 24, 2011

170 ARTICLE 9: SHORELAND-WETLAND ZONING ORDINANCE Section : Statutory Authorization This ordinance is adopted pursuant to the authorization in sections 61.35, , and 87.30, Wis. Stats. Section : Finding of Fact and Purpose Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to: (a) Promote the public health, safety, convenience and general welfare. (b) Maintain the storm and flood water storage capacity of wetlands. (c) Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters. (d) Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat. (e) Prohibit certain uses detrimental to the shoreland-wetland area. (f) Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities. Section : General Provisions (a) (b) (c) (d) (e) Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the Village of Fontana shall be in full compliance with the terms of this ordinance and other applicable local, state, or federal regulations. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this ordinance. Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when 30.12(4)(a), Wis. Stats., applies. Abrogation and Greater Restrictions. (1) The provisions of this ordinance supersedes all the provisions of any municipal zoning ordinance enacted under sections 61.35, or 87.30, Wis. Stats., which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. (2) This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this ordinance is required by a standard in Chapter NR 117, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Chapter NR 117 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance. Severability. Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. Article 9: Shoreland-Wetland 162 Draft #3: October 24, 2011

171 (f) Annexed Areas. The Walworth County shoreland zoning provisions in effect on the date of annexation remain in effect administered by the municipality for all areas annexed by the municipality after May 7, 1982 unless any of the changes as allowed by (7)(a)(1-3), Wis. Stats. occurs. These annexed lands are described on the Official Zoning Map. The Walworth County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file at Village Hall. Section : Shoreland-Wetland Zoning District. (a) Shoreland-Wetland Zoning Maps. The following maps are hereby adopted and made part of this ordinance and are on file at Village Hall. (1) Wisconsin Wetland Inventory maps stamped FINAL November 1, (2) Flood Boundary and Floodway Map: Village of Fontana, Walworth County, WI, dated October 2, (3) United States Geological Survey topographic map for Walworth County, WI dated (4) Village of Fontana Official Zoning Maps dated [Insert Adoption Date] (b) (c) (d) District Boundaries. The shoreland-wetland district includes all wetlands in the municipality which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this ordinance and which are: (1) Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds, or flowages in the municipality shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance. (2) Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance. Floodplain zoning maps adopted in subsection (a), above, shall be used to determine the extent of floodplain areas. (3) Determinations of navigability and ordinary high-water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate DNR district office for a final determination of navigability or ordinary high-water mark. (4) When an apparent discrepancy exists between the Shoreland-Wetland district boundary shown on the floodplain zoning maps in subsection (a), above, and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate DNR district office to determine if the Shoreland-Wetland district boundary as mapped is in error. If DNR staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in subsections (c) and (d), the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period. Filled Wetlands. Wetlands which are filled prior to the date on which the Village of Fontana received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this ordinance. Wetlands Landward of a Bulkhead Line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982 under 30.11, Stats. are not subject to this ordinance. Article 9: Shoreland-Wetland 163 Draft #3: October 24, 2011

172 (e) Permitted Uses. The following uses are permitted subject to the provisions of Chapters 30 and 31, Wis. Stats., and the provisions of other applicable local, state, and federal laws: (1) Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs: a. Hiking, fishing, trapping, hunting, swimming, snowmobiling, and boating. b. Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops. c. Practice of silviculture, including the planting, thinning and harvesting of timber. d. Pasturing of livestock. e. Cultivation of agricultural crops. f. Construction and maintenance of duck blinds. (2) Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below: a. The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected. b. The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries. c. The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible. d. The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance. e. The construction and maintenance of piers, docks, walkways, observation decks, and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance. f. The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shorelandwetland listed in Section (c). g. The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction. (3) Uses which are allowed upon the issuance of a permit and which may include wetland alterations only to the extent specifically provided below: a. The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services, or to provide access to uses permitted under subsection (e), provided that: 1. The road cannot, as a practical matter, be located outside the wetland. 2. The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in Section (c) of this ordinance. 3. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use. 4. Road construction activities are carried out in the immediate area of the roadbed only. 5. Any wetland alteration must be necessary for the construction or maintenance of the road. b. The construction and maintenance of nonresidential buildings provided that: Article 9: Shoreland-Wetland 164 Draft #3: October 24, 2011

173 (f) 1. The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows, or other wetland or aquatic animals. 2. The building cannot, as a practical matter, be located outside the wetland. 3. The building does not exceed 500 square feet in floor area. 4. Only limited filling and excavating necessary to provide structural support for the building is allowed. c. The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that: 1. Any private development allowed under this paragraph shall be used exclusively for the permitted purpose. 2. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed. 3. The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in Subsection (3)(a), above. 4. Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values. d. The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines provided that: 1. The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland. 2. Only limited filling or excavating necessary for such construction or maintenance is allowed. 3. Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in Section (c). Prohibited Uses. Any use not listed in subsection (e), above, is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance in accordance with Section (c). The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters is prohibited. Section : Nonconforming Structures and Uses The lawful use of a building, structure, or property which existed at the time this ordinance, or an applicable amendment to this ordinance, took effect and which is not in conformity with the provisions of the ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions: (a) (b) The shoreland-wetland provisions of this ordinance authorized by , Wis. Stats., shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure or of any environmental control facility related to such a structure in existence on the effective date of the shoreland-wetland provisions. All other modifications to nonconforming structures are subject to 62.23(7)(h), Wis. Stats., which limits total lifetime structural repairs and alterations to 50 percent of current fair market value. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure, or property shall conform to this ordinance. Article 9: Shoreland-Wetland 165 Draft #3: October 24, 2011

174 (c) (d) (e) Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this ordinance adopted under or , Wis. Stats., may be continued although such use does not conform with the provisions of the ordinance. However, such nonconforming use may not be extended. The maintenance and repair of nonconforming boathouses which are located below the ordinary highwater mark of any navigable waters shall comply with the requirements of , Wis. Stats. Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses. Section : Administrative Provisions (a) Zoning Administrator. The zoning administrator is appointed the administrative and enforcement officer for this ordinance. The Zoning Administrator shall have the following duties and powers: (1) Advise applicants as to the provisions of this ordinance and assist them in preparing permit applications and appeal forms. (2) Issue permits and certificates of compliance and inspect properties for compliance with this ordinance. (3) Keep records of all permits issued, inspections made, work approved, and other official actions. (4) Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties. (5) Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within 10 days after they are granted or denied, to the appropriate DNR district office. (6) Investigate and report violations of this ordinance to the appropriate municipal planning agency (b) (c) (d) and the district attorney, corporation counsel or municipal attorney. Zoning Permits. Unless another section of this ordinance specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development or any change in the use of an existing building or structure is initiated. Application. An application for a zoning permit shall be made to the Zoning Administrator upon forms furnished by the municipality and shall include, for the purpose of proper enforcement of these regulations, the following information: (1) Name, address, and telephone number of applicant, property owner and contractor, where applicable. (2) Legal description of the property and a general description of the proposed use or development. (3) Whether or not a private water supply or sewage system is to be installed. Site Plan. The site plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale: (1) Dimensions and area of the lot. (2) Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways. (3) Description of any existing or proposed on-site sewage systems or private water supply systems. (4) Location of the ordinary high-water mark of any abutting navigable waterways. (5) Boundaries of all wetlands. (6) Existing and proposed topographic and drainage features and vegetative cover. (7) Location of floodplain and floodway limits on the property as determined from floodplain zoning maps. (8) Location of existing or future access roads. Article 9: Shoreland-Wetland 166 Draft #3: October 24, 2011

175 (e) (f) (9) Specifications and dimensions for areas of proposed wetland alteration. Expiration. All permits issued under the authority of this ordinance shall expire 18 months from the date of issuance. Certificates of Compliance. Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator subject to the following provisions: (1) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this ordinance. (2) Application for such certificate shall be concurrent with the application for a zoning or conditional use permit. (3) The certificate of compliance shall be issued within 10 days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this ordinance. (4) The Zoning Administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the municipal governing body. (5) Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this ordinance. Section : Conditional Use Permits. (a) (b) (c) (d) Application. Any use listed as a conditional use in this ordinance shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Zoning Board of Appeals following the procedures in Sections (c), (d), and (e) of this ordinance. Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in Section (e)(3) of this ordinance, the Zoning Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this ordinance, as are necessary to further the purposes of this ordinance as listed in Section Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this ordinance. Fees. The municipal governing body may, by resolution, adopt fees for the following: (1) Zoning permits. (2) Certificates of compliance. (3) Public hearings. (4) Legal notice publications. (5) Conditional use permits. (6) Rezoning petitions. Recording. Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted. Article 9: Shoreland-Wetland 167 Draft #3: October 24, 2011

176 (e) Revocation. Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the Zoning Board of Appeals. Section : Zoning Board of Appeals (a) (b) (c) (d) (e) Zoning Board of Appeals. The Village President shall appoint a Board of Appeals under 62.23(7)(e), Wis. Stats., consisting of five members subject to confirmation by the municipal governing body. The Zoning Board of Appeals shall adopt rules for the conduct of its business as required by 62.23(7)(e)3., Wis. Stats. Powers and Duties. The Zoning Board of Appeals: (1) Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance. (2) Shall hear and decide applications for conditional use permits. (3) May authorize upon appeal a variance from the dimensional standards of this ordinance where an applicant convincingly demonstrates: a. That literal enforcement of the terms of the ordinance will result in unnecessary hardship for the applicant. b. That the hardship is due to special conditions unique to the property; and is not self-created or based solely on economic gain or loss. c. That such variance is not contrary to the public interest as expressed by the purpose of this ordinance. d. That such variance will not grant or increase any use of property which is prohibited in the zoning district. Appeals to the Board. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by an officer, department, board, or bureau of the community affected by any order, requirement, decision, or determination of the zoning administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board by filing with the official whose decision is in question, and with the Zoning Board of Appeals, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed. Public Hearings. (1) Before making a decision on an appeal or application, the Zoning Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give public notice of the hearing by publishing a class 2 notice under Chapter 985, Wis. Stats., specifying the date, time and place of the hearing and the matters to come before the Board. At the public hearing, any party may present testimony in person, by agent or by attorney. (2) A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department at least 10 days prior to all public hearings on issues involving shorelandwetland zoning. Decisions. (1) The final disposition of an appeal or application for a conditional use permit before the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the Board chairperson. Such decision shall state the specific facts which are the basis of the Board s determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a conditional use. (2) A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the DNR within 10 days after the decision is issued. Article 9: Shoreland-Wetland 168 Draft #3: October 24, 2011

177 Section : Amending Shoreland-Wetland Zoning Regulations The Village Board may alter, supplement, or change the district boundaries and the regulations contained in this ordinance in accordance with the requirements of 62.23(7)(d)2., Wis. Stats., NR 117, Wis. Adm. Code, and the following: (a) A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the DNR within five days of the submission of the proposed amendment to the Village. (b) All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after class 2 notice as required by 62.23(7)(d)2., Wis. Stats. The appropriate district office of the DNR shall be provided with written notice of the public hearing at least 10 days prior to such hearing. (c) (d) (e) (f) In order to ensure that this ordinance will remain consistent with the shoreland protection objectives of , Wis. Stats., the Village may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions: (1) Storm and flood water storage capacity. (2) Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland. (3) Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters. (4) Shoreline protection against erosion. (5) Fish spawning, breeding, nursery or feeding grounds. (6) Wildlife habitat. (7) Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species. Where the DNR district office determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Section (c) of this ordinance, the DNR shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment. The appropriate district office of the DNR shall be provided with: (1) A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within 10 days after the submission of those recommendations to the municipal governing body. (2) Written notice of the action on the proposed text or map amendment within 10 days after the action is taken. (3) If the DNR notifies the Village in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Section (c), of this ordinance, that proposed amendment, if approved by the Village Board, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the DNR, as required by Subsection (2), above. If within the 30 day period, the DNR notifies the Village that the DNR intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by (6) and (6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under (6) or (6), Wis. Stats., is completed or otherwise terminated. Enforcement and Penalties. Any development, building, or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this ordinance in violation of the provisions of this ordinance, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a Article 9: Shoreland-Wetland 169 Draft #3: October 24, 2011

178 violation. The Zoning Administrator shall refer violations to the municipal planning agency and the district attorney, corporation counsel or municipal attorney who shall prosecute such violations. Any person, firm, association, or corporation who violates or refuses to comply with any of the provisions of this ordinance shall be subject to a forfeiture of not less than $ or more than $ per offense, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to 87.30(2), Wis. Stats. Section : Definitions For the purpose of administering and enforcing this ordinance, the terms or words used herein shall be interpreted as follows: words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number; the word shall is mandatory, not permissive; all distances, unless otherwise specified, shall be measured horizontally. The following terms used in this ordinance mean: Accessory Structure or Use: A detached subordinate structure or a use which is accessory or incidental to, and or customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use. Boathouse: As defined in (1), Wis. Stats., a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts. Class 2 Public Notice: Publication of a public hearing notice under Chapter 985, Wis. Stats., in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing. Conditional Use: A use which is permitted by this Ordinance provided that certain conditions specified in the Ordinance are met and that a permit is granted by the Plan Commission or Zoning Board of Appeals. Department: Wisconsin Department of Natural Resources. Development: Any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; 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. Drainage System: One or more artificial ditch, tile drains, or similar devices which collect surface runoff or groundwater and convey it to a point of discharge. 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 and 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. Fixed Houseboat: As defined in (1), Wis. Stats., means 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 spud poles attached to the bed of the waterway. Navigable Waters: Means 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. Under (2)(d), Wis. Stats., not withstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under or , Wis. Stats., and Chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if such lands are not adjacent to a natural navigable stream or river; those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; or such lands are maintained in nonstructural agricultural use. Wisconsin Supreme Court has Article 9: Shoreland-Wetland 170 Draft #3: October 24, 2011

179 declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. Ordinary High Water Mark: 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. Planning Agency: The Village of Fontana Plan Commission. Shorelands: Lands 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. Shoreland-Wetland District: The zoning district, created in this shoreland-wetland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this ordinance. Unnecessary Hardship: Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. Variance: Authorization granted by the Zoning Board of Appeals to construct or alter a building or structure in a manner which is inconsistent with dimensional standards of this Ordinance. Wetlands: Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. Wetland Alteration: Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area. Article 9: Shoreland-Wetland 171 Draft #3: October 24, 2011

180 Article 10: Design Standards 172 Draft #3: October 24, 2011

181 ARTICLE 10: DESIGN STANDARDS Section : Purpose The purpose of this Article is to regulate the design and materials used for the exterior of buildings, structures, exterior lighting, fences, and site design components within the Village so as to attain a degree of uniformity in exterior appearance and quality of materials, and thus maintain and enhance the attractiveness and values of property in the community. Section : Applicability The requirements of this Article apply to all structures and buildings within the Village, except those exempted in Section , below. Beyond the general rules in Sections through , below, additional rules apply to group and large developments, which are provided in Sections Section : Exemptions Single-family land uses are exempt from the requirements of this Article. All non-residential, two-family, and multi-family land uses shall adhere to all standards and provisions listed herein. The conditional use process may be used to seek exemptions from the requirements of this Article. An appeal of the Plan Commission s determination may be taken to the Zoning Board of Appeals. Section : Review and Approval The Plan Commission shall be responsible and have authority to hear, review, and act upon all proposed exterior architectural plans for all proposed development, except as exempted under Section , through the site plan review and approval process, described in Section of this Chapter. Section : Building Design Standards (a) Purpose. The purpose of this Section is to regulate the exterior appearance structures in the Village of Fontana to ensure compatibility with the existing Village character. (b) Building Form and General Architectural Style. (1) Except in the CB, OP, and RP zoning districts, all principal and accessory structures shall incorporate typical single-family residential exterior materials, building form, and exterior design styles. (2) The ground floor of buildings with more than one story shall be differentiated from upper floors by varying color, building materials, articulation, and/or other architectural details. (3) Building additions shall have the same style or be complementary to the existing building. (4) Trademark or franchise architecture is prohibited. (c) Architectural Details. (1) Building facades facing a public street shall incorporate the following features: a. A minimum of 40 percent coverage by one of the following materials: 1. Wood siding or similar appearing planking. 2. Brick. 3. Chiseled face CMU or stone. b. A minimum of 30 percent window coverage on the first floor. c. A minimum of 15 percent window coverage on upper stories. d. Articulated components to create edges, shadows, and/or distinct textures. Such components may include any of the following, as deemed appropriate by the Village in the specific context of the site and its environs: 1. Pronounced sills and lintels. 2. Recessed and/or framed windows. Article 10: Design Standards 173 Draft #3: October 24, 2011

182 (d) (e) 3. A doorway or articulated door frame. 4. A canopy or overhang. 5. A projection or recess deeper than 3 inches. 6. An architectural band or column composed of material that is noticeably different than the surrounding wall material and that is a least five inches in height or width. 7. An articulated cornice. 8. A balcony railing. 9. Covered porch. 10. Other design elements approved by the Village. (2) Building entryways shall adhere to the following requirements. a. All public entryways shall be sheltered with an awning, covered porch, or shall be recessed into the building. b. Building entryways shall be clearly defined and highly visible on the building s exterior design, and shall be emphasized by on-site traffic flow patterns. c. Two or more of the following design features shall be incorporated into all building entryways open to the general public or other visitors: 1. Canopies or porticos. 2. Overhangs. 3. Projections. 4. Arcades. 5. Peaked roof forms. 6. Arches. 7. Outdoor patios. 8. Display windows. 9. Where more than one store will be located in a principal building, each such store shall have at least one exterior customer entrance that shall conform to the design standards of this subsection. (3) External stairs serving upper stories are prohibited on any façade facing a public street. (4) Wall or window unit air conditioners and satellite dishes shall not be located on any façade facing a public street. (5) Any exposed gutters and downspouts shall be finished in a manner consistent with the architectural style. Roof Form. Non-residential structures may have a pitched or flat roof; however, flat roofs facing a public street shall have an articulated cornice. Building Materials. (1) Exterior building materials shall be of uniform aesthetic quality on all sides of the building. (2) Use of the following materials is prohibited on any façade visible from a public street: a. Vinyl, asphaltic, or aluminum siding. b. Concrete block, panels, or poured concrete. c. False stone or other false natural materials. d. Fiberglass or poly-roofing or siding. e. Cedar shakes. f. Logs/timbers. g. Plywood, chipboard, or other non-decorative wood or composite material. h. Metal siding that does not meet any one or more of the following exceptions: 1. Is determined by the Plan Commission to be a decorative element of the building or structure that can be readily removed or replaced with a permitted exterior material. Article 10: Design Standards 174 Draft #3: October 24, 2011

183 (f) (g) 2. Uses a method of exterior wall fastening that is fully concealed from view by means of an interlocking panel, panel overlap, or other method approved by the Plan Commission that results in full concealment. 3. Uses visible exterior fasteners that are the same color as the attached wall for any principal or accessory structure within the AH-35, CB, OP, RP zoning districts, in any location on the building or structure that meets all of the following criteria: a. Is located more than 100 feet from any portion of a residential zoning district boundary and more than 100 feet from any portion of a public right-of-way. b. Is located more than 100 feet from any visitor or customer door. c. Transitions to any other exterior material, texture, color, or pattern at a building corner, pier, pilaster, eave, parapet, or other physical change in the wall plane, so as to complement the overall exterior design of the building or structure as determined by the Plan Commission. Building Color. (1) Buildings shall have a natural/earth tone color palette. Building trim and architectural accent elements may feature bright colors or black, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. (2) Florescent, day glow, and/or neon colors are prohibited. (3) Color combination schemes shall be limited to no more than four different colors for all structures and appurtenances on a site and building. Varying shades, tints, or intensities of a color shall be considered different colors. (4) High gloss paints, lacquers, varnishes, and other shiny non-glazing surfaces shall be prohibited. Exterior Design Compatibility and Avoidance of Monotony. (1) No building, other structures, pavement or improvement shall have an exterior design that is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste. (2) No building shall be permitted within any residential or business zoning district to have an exterior appearance that is too similar to nearby buildings so as to create unacceptable monotony. Restrictive covenants shall incorporate provisions to prohibit unacceptable monotony of the design, materials and colors for building exteriors for any multi-lot or group development. Section : Exterior Lighting Standards (a) (b) (c) (d) Purpose. The purpose of this Section is to regulate the appearance of light fixtures in the Village to ensure compatibility with Village character and to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians, and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances. A further purpose of this Section is to regulate outdoor night lighting fixtures to preserve and enhance the area s dark sky while promoting safety, conserving energy, and preserving the environment for astronomy. Applicability. The requirements of this Section apply to all private exterior lighting within the jurisdiction of this Chapter, except for lighting within public rights-of-way and/or lighting located on public property. Depiction on Required Site Plan. Any and all exterior lighting shall be depicted as to its location, orientation, and configuration on the site plan required for the development of the subject property. Exterior Lighting Requirements. (1) All exterior lighting shall be shielded, except for incandescent fixtures of 150 watts or less, and other sources of 70 watts or less. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a clear shield) is visible from a property located within a residential Article 10: Design Standards 175 Draft #3: October 24, 2011

184 (e) zoning district. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement. (2) Flashing, flickering, and/or other lighting that may distract motorists is prohibited. Intensity of Illumination. (1) In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 footcandles above ambient lighting conditions on a cloudless night. (2) All exterior lighting fixtures shall not exceed the illumination levels recommended by the Illuminating Engineering Society of North America (IES) as given in Figure (3) All metal halide fixtures shall be filtered by a glass or acrylic enclosure. Quartz glass shall not be considered meeting this requirement. General Parking and Pedestrian Vehicle Use Only Level of Activity Examples Average Minimum High Medium Low Major league athletic events or civic events; Regional shopping centers Community shopping centers; Cultural, civiv, or recreational event; Office parking; Hospital parking; Transportation parking; Fastfood facilities; Residential complex parking Neighborhood shopping; Industrial employee parking; Educational facility parking; Church parking 3.6 fc, 60,000 lu W MH 750 W HPS 375 W LPS 2.4 fc 40,000 lu W MH 500 W HPS 250 W LPS 0.9 fc 15,000 lu W MH 185 W HPS 90 W LPS 0.9 fc; 15,000 lu W MH 185 W HPS 90 W LPS 0.6 fc 10,000 lu W MH 125 W HPS 65 W LPS 0.18 fc 3,000 lu 1 35 W MH 35 W HPS 18 W LPS Uniformity (Avg./Min.) Average Minimum 4:1 1.8 fc 30,000 lu W MH 125 W HPS 375 W LPS 4:1 0.9 fc 15,000 lu W MH 185 W HPS 90 W LPS 4: fc 7,500 lu 1 90 W MP 90 W HPS 45 W LPS 0.6 fc 10, W MH 125 W HPS 65 W LPS 0.3 fc 5,000 lu 1 60 W MH 60 W HPS 30 W LPS 0.12 fc 5,000 lu 1 25 W MH 25 W HPS 15 W LPS Uniformity (Avg./Min.) 1 Assumes light is at a height of 20 feet. If light is at 30 feet, the lumens need to be doubled to achieve the same fc at the ground. 3:1 3:1 4:1 Article 10: Design Standards 176 Draft #3: October 24, 2011

185 (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) Location. (1) Light fixtures shall not be located within required bufferyards. (2) Outdoor lighting installation shall not be permitted closer than 3 feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height. Fixtures and Luminaries. (1) Outdoor lighting shall be full cut-off fixtures and downward facing and no direct light shall bleed onto adjacent properties. Exempt from this requirement are any fixtures using an incandescent bulb of 100 watts or less, or its equivalent. (2) Total cut-off luminaries with angles of less than 90 degrees shall be required for pole and building security lighting to ensure no fugitive up-lighting occurs. (3) The color and design of fixtures shall be compatible with the building and public lighting in the area, and shall be uniform throughout the entire development site. (4) All lighting fixtures existing prior to the effective date of this Chapter shall be considered as legal conforming. (5) All areas designated on required site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of 0.4 foot-candles. Special Events Lighting. Any temporary use using exterior lighting that is not in complete compliance with the requirements of this Section shall secure a temporary use permit (see Section ). Any temporary use using exterior lighting which is not in complete compliance with the requirements of this Section shall secure a conditional use permit. Display Lot Lighting. Display lot lighting shall be extinguished within minutes after closing of business. Under no circumstances shall the full illumination of display lots be permitted between 11:00 pm and 7:00 am. All exterior lighting during such period shall be at low levels for security purposes only. Architectural Lighting. All architectural lighting shall be of 150 watts or less in incandescent, and shall be of 70 watts or less for other lighting types. Under no circumstance shall the illumination of architecture be permitted between 11:00 pm and 7:00 am. All exterior lighting during such period shall have a minimum of 90 percent of its light fall onto the illuminated structure, rather than into sky or space beyond the structure. Temporary Security Lighting. Temporary security lighting triggered by motion or noise shall be permitted and exempt from the above provisions. Sensors for such lighting shall not be triggered by activity located off the subject property. Such lighting shall not remain on for more than 15 minutes beyond the triggering event. Pier Lighting. Pier lighting shall be limited to a maximum of one foot candle at the ordinary high-water mark. All such fixtures shall be oriented and/or shielded so as to limit the upward and outward projection of light to an angle no greater than 45 degrees below the horizon. Holiday Lighting. Holiday lighting shall be permitted and exempt from the provisions of this Section. Use of Mercury Vapor Fixtures. No new mercury vapor exterior lighting fixtures shall be installed as of the effective date of this Ordinance. Nonconforming Lighting. (1) A time limit shall be placed upon the continuance of existing nonconforming lighting. This amortization program permits the owner to maintain nonconforming lighting for a period of time, identified below, while at the same time assuring that all exterior lighting in the Village will come into conformity within that period of time. (2) Nonconforming lighting shall be any exterior light fixture which was lawfully erected and maintained in accordance with the provisions of any prior zoning or other applicable ordinance but which does not conform to the limitations and standards established by this Section. Article 10: Design Standards 177 Draft #3: October 24, 2011

186 (p) (3) Any nonconforming lighting may be continued in operation and maintenance after the effective date of this Chapter, provided that the lighting shall not be changed in any manner that increases its noncompliance with these provisions. Such lighting shall be subject to the termination provisions of (4), below. (4) The right to maintain nonconforming lighting shall be terminated immediately by any of the following actions: a. By abandonment. Abandonment or cessation for a period of one month. b. By destruction, damage, or obsolescence. Whenever the light fixture is damaged or destroyed, from any cause whatsoever, to the extent that it must be replaced. c. By amortization. Any light fixture which, on the date the light fixture became nonconforming, would cost the following amount to replace shall be terminated or made to conform within the following period after the exterior lighting became nonconforming: $0.00 to $2, year $2, or more 2 years (5) A current file of all nonconforming lighting shall be maintained by the Building Inspector so the owners, agents, or persons having beneficial interest in the lighting can be properly notified. Violations and Penalties. Any person, firm, entity or corporation violating the provisions of this Section shall be subject to all applicable penalties and procedures under Section Each day the violation continues after notice and/or citation shall constitute a new violation. Section : Fencing Standards (a) (b) (c) (d) (e) (f) (g) Purpose. The purpose of this Section is to regulate the materials, location, height, and maintenance of fencing, landscaping walls and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public. Within this Section, the term fence shall mean fencing and decorative posts. Materials. Acceptable materials for constructing fencing include wood, stone, brick, wrought iron, and chain link. No fence may be constructed, in whole or in part, of barbed wire, nor shall any portion of any fence be electrified. Any fence within a street yard, including along property lines which intersect a right-of-way, and any fence in excess of four feet in height, shall be a minimum 40 percent open, or no more than 60 percent opaque. Location. Fences are permitted anywhere on a lot but no fence shall be located closer than four feet to the front property line or street right-of-way, whichever is closest to the primary structure. No fence shall be permitted within the minimum shore yard setback as set forth in Article. Fences may be located on any property line abutting a side or rear yard setback. Any and all fences shall be erected and constructed so as to locate visible supports and other structural components toward the subject property. Maximum Height. Fences shall not in any case exceed a height of 6 feet. Furthermore, fences shall not exceed 4 feet in height within the setback area, except with the granting of a conditional use permit per Section Temporary Fencing. Temporary fencing may be permitted on a case-by-case basis, as approved by the Building Inspector, and shall be permitted for no more than 180 consecutive days per calendar year. Snow Fencing. The use of fences for the purpose of limiting snow drifting shall be permitted as temporary fences only and shall only be erected and maintained between November 1 and April 1 of each calendar year. Maintenance. Any and all fences shall be maintained in a structurally sound and attractive manner. Article 10: Design Standards 178 Draft #3: October 24, 2011

187 Section : Group Development and Large Development Standards (a) (b) (c) (d) Purpose. The purpose of this Section is to establish standards that ensure group developments and large developments are properly located and are compatible with the surrounding area and the overall community character of the Village of Fontana. Definitions. (1) Group Development. Any development located on one lot and comprised of any single instance or any combination of the following development types: a. One or more principal multi-family residential buildings with a total of 5 or more residential units on the same lot. b. Two or more principal structures on the same lot, whether currently serving a single use or more than one use. c. A mixed-use structure containing both nonresidential uses and residential uses. d. A single principal structure housing two or more leased or owned tenant spaces. e. Any addition of principal buildings that increases the total number of principal structures on the same lot to two or more. (2) Large Development. Any development containing any single structure or combination of structures on one or more contiguous lots or building sites on which the total combined gross floor area of all development exceeds 10,000 square feet. Common Examples. (1) Common examples of group developments include apartment or condominium complexes, commercial centers, shopping centers, office centers, and multi-tenant industrial buildings. Single-tenant business or office buildings, one-tenant industrial buildings, 4-unit apartment buildings and all Planned Developments are not considered group developments even though such developments may contain lots under common ownership. (2) Common examples of large developments include single-tenant institutional, business, or mixed use buildings in excess of 10,000 gross square feet, such as retail stores, restaurants, daycares, schools, or churches. (3) Common examples of developments that are both group developments and large developments include multi-tenant, non-residential buildings that are in excess of 10,000 gross square feet, and any multi-building developments in which the combined total of all structures on a site, regardless of diverse ownership, use, or tenancy, combine to exceed 10,000 gross square feet. Review and Approval. (1) All group developments and large developments require a conditional use permit (see Section for review and approval procedure) regardless of whether individual use(s) within the development are permitted by right within the applicable district, except where such developments are approved as Planned Developments per Sections and (2) Any land use that is either a permitted-by-right land use or a use allowed by conditional use permit within the applicable zoning district may be included within a group development and/or large development. (3) Land uses permitted by right in the applicable zoning district shall be permitted-by-right uses within an approved group and/or large development, subject to the provisions of this Section, unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group development and/or large development as a whole. (4) Land uses allowed by conditional use permit within the applicable zoning district shall be allowed within the group development and/or large development only with conditional use approval for that specific use. Article 10: Design Standards 179 Draft #3: October 24, 2011

188 (e) (5) The detailed land use regulations in Article 3 this Chapter that pertain to each proposed land uses shall also apply within a group development and/or large development, as will all other applicable provisions of this Chapter. (6) Following initial issuance of a conditional use permit for the group development and/or large development as a whole, the subsequent addition of structures, additions to structures, and expansions of parking or storage areas in the group development and/or large development shall require an amendment to the approved conditional use permit regardless of individual land use(s). (7) Subsequent changes to individual land uses within a group development and/or large development listed as permitted-by-right uses within the applicable zoning district are allowed without amendment to the group development and/or large development conditional use permit, unless said conditional use permit placed restrictions on change of use. (8) Subsequent changes to individual land uses that are allowed only with a conditional use permit may be allowed only under a subsequent conditional use permit for the specific use, regardless of whether said use entails modifications to the building and/or site layout in the group development and/or large development. Standards Applicable to All Group Developments and to All Large Developments. (1) All land uses and development shall comply with the applicable requirements of this Chapter, including, but not limited to, density, intensity, bulk, setback, and building separation requirements; building and site design standards; landscaping and green space preservation requirements; access, parking, loading, and unloading requirements; and signage requirements. (2) All group developments and/or large developments shall be subject to the Village of Fontana site plan review and approval process. In addition to the application requirements listed in Section , the applicant shall demonstrate how the proposed development relates to each of the following criteria: a. Is consistent with the recommendations and advances the objectives of adopted Village planning documents. b. Complements the design and layout of nearby buildings and developments. c. Enhances, rather than detracts from, the desired character of the Village. (3) General Layout and Future Divisibility. All development located within a group development and/or large development shall be located so as to comply with the intent of this Zoning Ordinance regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory structures and buildings located within group developments and/or large developments shall be situated within building envelopes that are in complete compliance with said intent. Said building envelopes shall be depicted on the site plan required for review of group developments and/or large developments. The use of this approach to designing group developments and/or large developments will facilitate the subdividing of group developments and/or large developments in the future (if such action is so desired). (4) Screening. a. All ground-mounted and wall-mounted mechanical equipment, refuse containers, and any permitted outdoor storage shall be fully concealed from on-site and off-site ground level views, with materials identical to those used on the building exterior. b. All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls. The lowest point on the top of such screening elements shall be at least as high as the point on any mechanical equipment. Fences or similar rooftop screening devices may not be used to meet this requirement. c. Loading docks shall be completely screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls that Article 10: Design Standards 180 Draft #3: October 24, 2011

189 match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above. d. Gates and fencing may be used for security and access, but not for screening, and they shall be of high aesthetic quality. Decorative metal picket fencing and screening is acceptable. Chain link, wire mesh, or wood fencing is unacceptable. Decorative, heavy-duty wood gates may be used. (5) Roadway Connections. a. All non-residential projects shall have direct access to an arterial street, or to a collector level street deemed appropriate by the Plan Commission. b. Vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; and traffic control devices; and sidewalks. c. The site design shall provide direct connections to adjacent land uses if required by the Village. (6) Parking. a. Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces required in Article 3 by 50 percent shall be allowed only with specific and reasonable justification. b. Parking lot design shall employ interior, curbed landscaped islands at all parking aisle ends. In addition, the project shall provide landscaped islands within each parking aisle spaced at intervals no greater than one island per every 12 spaces in that aisle. Islands at the ends of aisles shall count toward meeting this requirement. Each required landscaped island shall be a minimum of 360 square feet in landscaped area. c. Landscaped and curbed medians, a minimum of 10 feet in width from back-of-curb to backof-curb, shall be used to create distinct parking areas of no more than 120 parking stalls. d. Parking located in the front and/or street side yard shall be limited to no more than one doubled-loaded row of parking and an area for passenger drop off and pick up unless the applicant can demonstrate to the Plan Commission s satisfaction that such parking arrangement is not practical given site limitations. (7) Bicycle and Pedestrian Facilities. a. The entire development shall provide for safe pedestrian and bicycle access to all uses within the development, connections to existing and planned public pedestrian and bicycle facilities, and connections to adjacent properties. b. Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or pedestrian/bike facilities. The minimum width for sidewalks adjacent to buildings shall be 10 feet; and the minimum width for sidewalks elsewhere in the development shall be 5 feet. c. Sidewalks other than street sidewalks or building aprons shall have adjoining landscaping along at least 50 percent of their length. Such landscape shall be consistent with the landscaping used for the street frontages. d. Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, pavement color, pavement textures, and signage. e. The development shall provide secure, integrated bicycle parking at a rate of one bicycle rack space for every 50 vehicle parking spaces. f. The development shall provide exterior pedestrian furniture in appropriate locations at a minimum rate of one seat for every 10,000 square feet of gross floor area. Seating in food service areas, or other areas where food or merchandise purchasing activities occur shall not count toward this requirement. A minimum of four seats shall be located within the store, with a clear view through exit doors to a passenger pick-up or drop-off area. Article 10: Design Standards 181 Draft #3: October 24, 2011

190 (f) (8) Central Areas and Features. Each development exceeding 10,000 square feet in total gross floor area shall provide central area(s) or feature(s) such as a patio/seating area, pedestrian plaza with benches, outdoor playground area, water feature, and/or other such deliberately designated areas or focal points that adequately enhance the development or community. All such areas shall be openly accessible to the public, connected to the public and private sidewalk system, designed with materials compatible with the building and remainder of the site, and shall be maintained over the life of the building project. (9) Cart Returns. Where carts will be used, a minimum of one 200-square foot cart return area shall be provided for every 100 parking spaces. Cart corrals shall be of durable, non-rusting, all season construction, and shall be designed and colored to be compatible with the building and parking lot light standards. There shall be no exterior cart return or cart storage areas located within 25 feet of the building. Any long-term cart storage shall be located indoors. (10) Outdoor Display Areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of 10 feet. Display areas on building aprons must maintain a minimum walkway width of 10 feet between the display items and any vehicle drives. (11) Outdoor Storage Uses and Areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, fork lifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan. (12) Landscaping. On-site landscaping shall be provided at time of building occupancy and maintained per the Village s landscaping requirements. In addition to the requirements of Article 11, a minimum 10-foot wide landscaped area shall be located along the building foundation for all facades facing a public street, except where breaks in such landscaping area required to provide customer, employee, or emergency access to the building. (13) Lighting. On-site exterior lighting shall meet the standards in Section (14) Signage. The plan for exterior signage shall provide for modest, coordinated, and complementary exterior sign locations, configurations, and color throughout the development, including outlots. All freestanding signage within the development shall complement on-building signage. Monument style ground signs are required, and shall not exceed a height of 8 feet. Consolidated signs for multiple users may be required instead of multiple individual signs. The Village may require the use of muted corporate colors on signage if proposed colors are not compatible with the Village s design objectives for the area. The use of logos, slogans, symbols, patterns, striping and other markings, and colors associated with a franchise or chain is permitted, but shall be considered as contributing to the number and area of permitted signs. (15) Noise. Noise associated with activities at the site shall not create a nuisance to nearby properties. (16) Natural Resources Protection. Existing natural features shall be integrated into the site design as a site and community amenity. Maintenance of any storm water detention or conveyance features are solely borne by the developer/owner unless dedicated to and accepted by the Village. Additional Rules Applicable to All Large Developments (Beyond those Required in Sections (a) through (e), above. (1) A Large Development Questionnaire shall be completed and provided along with the conditional use permit application in the format included at the end of this Article. (2) Compatibility Report. The applicant shall provide, through a written Compatibility Report submitted with the petition for a conditional use permit adequate evidence that the proposed building and overall development project shall be compatible with the Village s Comprehensive Article 10: Design Standards 182 Draft #3: October 24, 2011

191 Plan and any detailed neighborhood or special area plan for the area. The Compatibility Report shall specifically address the following items: a. A description of how the proposed development is compatible with adopted Village Plans, including the Comprehensive Plan, any detailed neighborhood or special area plans, and other plans officially adopted by the Village; b. Traffic Impact Analysis. The Village may require that a traffic impact analysis be completed in accordance with the most current revision of the Traffic Impact Analysis Guidelines published by the Wisconsin Department of Transportation. Such Traffic Impact Analysis shall require the following components: 1. A demonstration that vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length; design, location, and number of traffic control devices; and sidewalks. 2. Where the traffic impact analysis indicates that a project may cause off-site public roads, intersections, or interchanges to function below a level of service (LOS) C, the Village may deny the application, require a size reduction in the proposed development, and/or require the developer to construct and/or pay for required off-site improvements to achieve a LOS C for a planning horizon of a minimum of 10 years assuming full buildout of the development. 3. The Village has the option to require a trip generation study. (3) Economic and Fiscal Analysis. The Village may require completion of an economic and fiscal impact analysis containing the following items: a. Estimate to what extent the proposed project would reduce the proposed market area s economic base by eliminating existing businesses. b. Compare and evaluate the projected costs and benefits to the community resulting from the project, including: 1. Projected costs arising from increased demand for and required improvements to public services and infrastructure. 2. Value of improvements to public services and infrastructure to be provided by the project. 3. Projected tax revenues to the Village to be generated by the project in the first 5 years of business. 4. Projected impact of the project in the first 5 years on land values (both residential and nonresidential) and potential loss or increase in tax revenues to the Village of Fontana. (4) Building Placement and Site Layout. Where buildings are proposed to be distant from a public street, as determined by the Plan Commission, the overall development design shall include smaller buildings on pads or out lots closer to the street. Placement and orientation must facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring commercial areas and neighborhoods, and must forward community character objectives as described in the Village s Comprehensive Plan. (5) For a development exceeding 20,000 square feet in total gross floor area of all combined buildings within the development, the Village may require that a detailed neighborhood plan be submitted and approved by the Plan Commission and Village Board. The detailed neighborhood plan shall be prepared for all areas within 1,500 feet of the subject property, as measured from the outer perimeter of the subject property or group of properties proposed for development, and any other nearby lands as determined by the Plan Commission to be part of the defined neighborhood. The detailed neighborhood plan shall contain the following specific elements at a scale of not less than 1 = 400 : a. Land use with specific zoning districts and/or land uses. Article 10: Design Standards 183 Draft #3: October 24, 2011

192 b. Transitional treatments such as berms and/or landscaping between areas with differing land uses or character. c. Complete transportation network, including pedestrian and bicycle facilities and transit routes and stops, where applicable. d. Conceptual stormwater management facilities. e. Proposed public facility sites, including parks, schools, conservation areas, public safety facilities and public utility facilities. f. Proposed community character themes, including building materials, landscaping, streetscaping, and signage. g. Demonstrate that the proposed detailed neighborhood plan is in harmony with the land use, multi-modal transportation, utility, stormwater management, community character provisions of the Village s Comprehensive Plan. (6) Overall Building Design. The building exterior shall complement other buildings in the vicinity, and shall be of a design determined appropriate by the Plan Commission: a. The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent size and scale of the building. b. A minimum of 20 percent of the structure s façades that are visible from a public street shall employ actual protrusions or recesses with a depth of at least six feet. No uninterrupted façade shall extend more than 100 feet. c. A minimum of 20 percent of all of the combined linear roof eave or parapet lines of the structure shall employ differences in height, with such differences being six feet or more as measured eave to eave or parapet to parapet. d. Roofs with particular slopes may be required by the Village to complement existing buildings or otherwise establish a particular aesthetic objective. e. Ground floor facades that face public streets shall have arcades (a series of outdoor spaces located under a roof or overhang and supported by columns or arches), display windows, entry areas, awnings, or other such features along no less than 60 percent of their horizontal length. The integration of windows into building design is required, and shall be transparent, clear glass (not tinted) between three to eight feet above the walkway along any façades facing a public street. The use of blinds shall be acceptable where there is a desire for opacity. f. Building facades shall include a repeating pattern that includes no less than three of the following elements: 1. Color change. 2. Texture change. 3. Material modular change. 4. Expression of architectural or structural bay through a change in plane no less than 24 inches in width, such as an offset, reveal, or projecting rib. 5. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically. g. Landscaped Berm. For development exceeding 20,000 square feet in total gross floor area, and where the subject property abuts an area zoned or planned for residential or institutional use a minimum six-foot high berm shall be provided. The berm shall be planted with a double row of white, green, or blue spruce plantings, or similar species and varieties approved by the Village, spaced 15 feet on center. (7) Building and Parking Placement A maximum of 75 percent of all parking spaces located anywhere on the site shall be located between the primary street frontage right-of-way line and line of equal setback to the most distant front wall of the building. The remainder of parking on Article 10: Design Standards 184 Draft #3: October 24, 2011

193 the site shall be set back a greater distance from this setback line to the sides and rear of the building. (8) In general, existing natural features shall be integrated into the site design as a site and community amenity. Each development shall intentionally incorporate into site and building design elements that contribute to the long-term environmental sustainability of the development and the Village. Each development shall provide at least one-half of the following sustainability features: a. Reuse an existing, previously developed building and/or site. b. Utilize one or more rain gardens or bioswales, as described in the Village of Fontana Landscaping Guidelines, to capture and manage stormwater. c. Incorporate stormwater management facilities that are designed to appear as natural features that can serve as attractive focal points for the development. d. Install native/naturalized landscaping that minimizes requirements for irrigation/watering and provides natural habitat. e. Deliberately design/retrofit the primary building with energy efficient systems, such as lighting, refrigeration, and HVAC systems. f. Utilize paving and/or roof materials with a solar reflectance index of at least 29 for a minimum of 50 percent of the combined pavement and roof area on the site. g. Recycle of a minimum of 75 percent of the waste generated during building/site construction. h. Utilize a minimum of 25 percent recycled materials for building construction. i. Utilize a minimum of 50 percent regional materials for building construction (extracted, harvested, or recovered), and manufacturing from within 500 miles of the development site. j. Purchase a minimum of 50 percent of the development s energy from renewable sources, such as wind or solar. k. Integrate solar, geothermal, wind, or other on-site energy generation into the site and/or building design. l. Install a green roof or roof-top garden. m. Install systems that allow for the capture and later use of rainwater to water landscaping and for other permitted functions. n. Two additional sustainability features not listed above but approved by the Plan Commission to meet the Village s sustainability objectives, not including any feature already required by another section of this Chapter. (9) Vacation of Existing Buildings in Large Developments. a. Where any Large Development that has 20,000 or more square feet of floor area is vacated because the commercial use (sale of goods or merchandise at the building) conducted thereon is being relocated to a different building, the party shall be subject to the following provisions: 1. The party that vacated the site shall not impose limits on the type of reuse of the vacated site through conditions of sale or lease. 2. The development agreement for the new development at the new site shall include provisions therein whereby the developer of the new site commits to the requirements contained herein. b. Any building within a Large Development that has 20,000 or more square feet of floor area and is vacated for any reason shall be subject to the following provisions: 1. The owner must file with the Village a written statement as to the names, phone numbers, and addresses for all persons who are in control of the property and building. 2. The owner shall be required to meet the requirements defined in Figure based on the amount of time the building remains vacant: Article 10: Design Standards 185 Draft #3: October 24, 2011

194 Figure : Steps for Addressing Building Vacancy Time Period Building is Vacant Within 1 Year of Vacancy Within 3 Years of Vacancy Within 5 Years of Vacancy Requirement Install a fire department Knox Box for annual fire inspection. Village may require owner to paint the building a neutral color, if not already done. Village may require the removal of all hard surfaces, with the exception of the main driveway and fire lane around the building, restore the former hard surfaced areas with black dirt and grass, or any combination of the above. 3. Within the first quarter of each year of vacancy, the owner shall provide the Zoning Administrator with a statement as to the condition of the building and prospects for removal or re-occupancy of the building(s). 4. At any time following vacancy, the Village may utilize other enforcement options available to it to ensure property maintenance and upkeep of the building and site. 5. Temporary occupancy of the building(s) and/or the exterior grounds for a period of 365 consecutive days or less shall not be considered to remove the vacancy status of the building under this Section. (10) Additional Requirements. All large developments are subject to the following additional requirements: a. The developer shall enter into a development agreement with the Village, which shall include the payment of all utilities including but not limited to stormwater, sanitary sewer, and street infrastructure. Off-site improvements may also be required as part of the development agreement. b. All buildings on outlots shall be of architectural quality comparable to the primary structure, as determined by the Plan Commission. Article 10: Design Standards 186 Draft #3: October 24, 2011

195 Large Development Questionnaire Applicant name and contact info Property Owner Developer Contractor Engineer, Architect, and/or Planner Landscape Architect Existing Site Conditions Total site area (inclusive of all areas within the parcel) Environmental corridor components Surface water Wetlands (including foot buffer) 100-year floodplain Steep slopes (equal to or greater than 12%) Upland woodlands (per environmental corridor criteria) Describe how the proposed development is compatible with the following plans and polices: Fontana Comprehensive Plan Planned Land Use Transportation and Community Facilities Community Character Agricultural Resources Natural Resources Stormwater Management Economic Development Other provisions of the Comprehensive Plan Fontana Park and Open Space Plan Fontana Intergovernmental Agreements State and County land use, transportation, and park plans Sections through : Reserved Article 10: Design Standards 187 Draft #3: October 24, 2011

196 Article 11: Landscaping standards 188 Draft #3: October 24, 2011

197 ARTICLE 11: LANDSCAPING STANDARDS Section : Purpose The purpose of this Article is to indicate the minimum requirements for the landscaping of foundations, developed lots, street frontages, paved areas, permanently protected green space areas, reforestation areas, and bufferyards. Section : How to Use this Article (a) (b) (c) This Article contains the standards which govern the amount, size, type, installation and maintenance of required landscaping. This Article recognizes the important and diverse benefits which landscaping provides in terms of protecting the health, safety, and general welfare of the community. Each section of this Article is oriented to a specific category of required landscaping. The landscaping requirements described in this Article are cumulative in nature and are required for all development, except single-family residential and agricultural uses, in the following locations: (1) Around building foundations. (2) In developed lots. (3) Along street frontages. (4) In or around paved areas. (5) Landscaping may also be required in association with: a. In permanently protected green space areas. b. In reforestation areas. c. In bufferyards. Descriptions of these areas and their associated landscape requirements are included in Sections , , , and In each instance, a landscaping point concept is used to provide a maximum amount of flexibility in terms of the selection of plant materials. Section presents sample landscape point combination alternatives used by this Chapter. Section provides a listing of plant species fitting into the plant categories listed in Figure Section provides requirements for the installation and maintenance of required landscaping, and Section describes the procedure for calculating landscaping requirements for this Section. Article 11: Landscaping standards 189 Draft #3: October 24, 2011

198 Section : Landscaping Points All landscaping requirements are stated in terms of the number of landscaping points required. The required number of landscaping points is dependent upon the type of land use, the zoning district, and the size of the development. Points are awarded based on plant type, which is dependent upon its typical growth rate, its mature height, and whether it is a deciduous or evergreen species. Figure itemizes the number of points awarded per plat type and the minimum installation size required for each of these plant categories. Figure : Landscaping Points Plant Category Landscaping Points Per Plant Minimum Permitted Installation Size Climax Tree 75 2 Caliper Tall Deciduous Tree 30 1 ½ Caliper Medium Deciduous Tree 15 6 Tall Low Deciduous Tree 10 4 Tall Tall Evergreen Tree 40 5 Tall Medium Evergreen Tree 20 4 Tall Low Evergreen Tree 12 3 Tall Tall Deciduous Shrub 5 36 Tall Medium Deciduous Shrub 3 24 Tall Low Deciduous Shrub 1 18 Tall Medium Evergreen Shrub 5 18 Tall/Wide Low Evergreen Shrub 3 12 Tall/Wide Non-contributory Plants 0 N/A Source: A Guide to Selecting Landscape Plants for Wisconsin, E. R. Hasselkus, UW-Extension Publication: A2865 Article 11: Landscaping standards 190 Draft #3: October 24, 2011

199 Section : Sample Landscaping Schemes Sample landscaping schemes that may be used for building foundations, developed lots, street frontages, paved areas, reforestation, and bufferyards are depicted in Figure In general, landscaping schemes similar to Alternative A are best for building foundations, landscaping schemes similar to Alternative B are best for developed lots, landscaping schemes similar to Alternative C are best for street frontages, landscaping schemes similar to Alternative D are best for paved areas (including parking lots, walkways and plazas), landscaping schemes similar to Alternative E are best for reforestation, and landscaping schemes similar to Alternative F are best for bufferyards. Figure : Sample Landscaping Schemes Alternative A: Best suited for building foundations. 750 landscaping points: 20 medium trees, 15 small shrubs, 60 shrubs Alternative B: Best suited for developed lots. 1,250 landscaping points: 6 climax trees, 8 small trees, 20 medium trees, 41 evergreen plantings Article 11: Landscaping standards 191 Draft #3: October 24, 2011

200 Alternative C: Best suited for street frontages. Option landscaping points: 2 climax trees, 2 tall trees, 8 small trees. Option landscaping points: 2 climax trees, 2 tall trees, 4 small trees, 8 evergreen shrubs. Alternative D: Best suited for paved areas. Option landscaping points: 2 climax trees, 13 tall trees, 68 evergreen shrubs Option Landscaping Points: 5 climax trees, 6 tall trees, 68 evergreen shrubs Article 11: Landscaping standards 192 Draft #3: October 24, 2011

201 Alternative E: Best suited for reforestation. Alternative F: Best suited for bufferyards. Article 11: Landscaping standards 193 Draft #3: October 24, 2011

202 Section : Measurement of Landscaping Points A minimum amount of landscaping points, based upon the zoning district, is required for (a) through (d), below. Figure illustrates the measurement techniques used to determine these requirements. (a) The linear feet of building foundations. (b) The gross area of buildings on developed lots. (c) The linear feet of street frontage. (d) The total combined area of paved areas. Figure : Measurement for Landscaping Requirements Landscaping calculation equations for this example: Paved area = (P1 x P2) + (P3 x P4) + (P5 x P6) + (P7 x P8) + (P9 x P10) Street frontage = S1 + S2 Building perimeter = F1 + F2 + F3 + F4 + F5 + F6 + F7 + F8 Building floor area = (B1 x B2) + (B3 x B4) + (B5 x B6) Article 11: Landscaping standards 194 Draft #3: October 24, 2011

203 Section : Landscaping Requirements for Regular Developments (a) Landscaping is not required for single-family (see Section 18-55(a)) or agricultural land uses (see Section 18-63). (b) Building foundations. As indicated in Figure , certain buildings or building additions constructed after the effective date of this Chapter are required to be accented by a minimum amount of landscaping placed near the building foundation. (1) Foundation landscaping shall be placed so that at maturity, the plant s drip line is located within 10 feet of the building foundation. Such landscaping shall not be located in those areas required for landscaping as street frontages, paved areas, protected green space areas, reforestation areas, or bufferyards. Foundation landscaping shall be installed and permanently maintained in conformity with the requirements of Section (2) For each 100 feet of building foundation perimeter, the landscaping installed shall at a minimum meet the number of landscaping points specified in Figure The actual number of points required for such landscaping shall be computed on a prorated basis, and installed and permanently maintained per the requirements of Section (3) Climax trees and tall trees shall not be used to meet the foundation landscaping requirement. The intent of this Section is to require a visual break in the mass of buildings and to require a visual screen of a minimum of 6 feet in height for all exterior perimeter appurtenances (such as HVAC/utility boxes, standpipes, stormwater discharge pipes and other pipes). (4) If the officially approved site plan depicts a future building extension, the foundation landscaping requirement shall be calculated by measuring the length of the total perimeter. However, foundation plantings need only be installed based on the landscape points calculated from the portions of the building perimeter that will not be affected by building extension. If this results in a point requirement not met by the initial planting, then the requirement shall be met within 5 years after the issuance of the building permit, or within such larger time period as established in writing by the Plan Commission. (c) Street Frontages. As indicated in Figure , street frontages on certain lots developed after the effective date of this Chapter contain a minimum amount of landscaping in those areas abutting the right-of-way of a public street. (1) All landscaping used to meet street frontage requirements shall be located within 10 feet of the public right-of-way. Under no circumstances shall such landscaping be located within a public right-of-way. Landscaping shall not impede vehicle or pedestrian visibility, and shall be installed and permanently maintained in conformity with the requirements of Section (2) For every 100 linear feet of street frontage of a developed lot abutting a public street right-ofway, the landscape installed shall at a minimum meet the number of landscaping points specified in Figure The actual number of points required for such landscaping shall be computed on a prorated basis, and installed and maintained per the requirements of Section (3) Shrubs shall not be used to meet street frontage landscaping requirements. A minimum of 50 percent of all points shall be devoted to climax or tall trees, or a combination of such trees, and a minimum of 30 percent of all points shall be devoted to medium trees. (d) Paved Areas. As indicated in Figure , paved areas on certain lots developed after the effective date of this Chapter must contain a minimum amount of landscaping within 10 feet of the paved area. The intent is to require a continuous visual screen of parking areas from public rights-of-way at a minimum height of 40 inches. (1) A minimum of 360 square feet of landscaped area, which shall be located within 10 feet of the paved area, is required for the placement of every 100 paved area landscaping points. Said area does not have to be provided in one contiguous area. Sample configurations are depicted in Figure , above. Plants used to fulfill this requirement shall visually screen parking, loading Article 11: Landscaping standards 195 Draft #3: October 24, 2011

204 (e) and circulation areas from view from public streets. Paved area landscaping shall be installed and permanently maintained in conformity with the requirements (2) For every 20 off-street parking stalls or 10,000 square feet of pavement (whichever yields the greater landscaping requirement) located in a development, the landscaping installed shall at a minimum meet the number of landscaping points specified in Figure The actual number of points required for such landscaping shall be computed on a prorated basis, and installed and maintained per the requirements of (3) A minimum of 30 percent of all points shall be devoted to climax or tall trees, or a combination of such trees, and a minimum of 40 percent of all points shall be devoted to shrubs. (4) Parking lot design shall employ interior landscaped islands with a minimum of 400 square feet at all parking isle ends, and in addition shall provide a minimum of one landscaped island of a minimum of 400 square feet in each parking isle for every 20 cars in that aisle. Aisle-end islands shall count toward meeting this requirement. Landscaped medians shall be used to break large parking areas into distinct pods, with a maximum of 100 spaces in any one pod. Parking spaces must be broken by a tree island at the rate of one island for each linear row of 12 parking spaces for single-row or peninsula configurations, or for each 24 parking spaces in double row configurations. All tree islands and landscaped areas with trees shall have a minimum of nine feet as measured from outside the curb or frame. All landscaped areas without trees, but planted with shrubs, shall have a minimum width of three feet measured from inside the curb or frame. Developed Lots. Lots developed after the effective date of this Chapter must contain a minimum amount of landscaping. (1) Landscaping required by this Section is most effective if located away from those areas required for landscaping as building foundations, street frontages, paved areas, protected green space areas, reforestation areas, or bufferyards. (2) The number of landscaping points specified in Figure shall be provided on a prorated basis for every 1,000 square feet of gross floor area, and installed and maintained per the requirements of (3) The intent of this Section is to provide yard shade and to require a visual screen of a minimum of 6 feet in height for all detached exterior appurtenances (such as HVAC, utility boxes, standpipes, stormwater discharge pipes and other pipes). Article 11: Landscaping standards 196 Draft #3: October 24, 2011

205 Figure : Landscaping Requirements for Regular Development * Landscaping Components Village of Fontana-On-Geneva Lake Types of Landscaping Placement of Landscaping Calculation of Landscaping Points Zoning Districts Building Foundation Climax trees and tall trees shall not be used to meet this requirement Located so that at maturity the plant s drip line is located 10 feet of building foundation Points per 100 linear feet of building foundation Street Frontages Paved Areas Developed Lots Shrubs not allowed; a minimum of 50% of points devoted to climax/tall trees and 30% to medium trees Located within 10 feet of the public right-ofway Points per 100 linear feet of street frontage A minimum of 30% of points devoted to climax/tall trees and 40% to shrubs Within paved area or within 10 feet of the paved area Greater of: points per 20 parking stalls or 10,000 square feet of paved area All plant categories can be used to meet this requirement Located away from areas that meet other landscaping requirements (i.e. building foundation, street frontage, paved areas) Points per 1,000 square feet of total building footprints Agricultural Holding (AH-35) Lakeshore Residential (LR-0) Exurban Residential (SR-1) Estate Residential (SR-2) Neighborhood Residential (SR-4) Village Residential (SR-5) Attached Residential (AR-6) Small Multi-Family Residential (MR-8) Large Multi-Fam. Residential (MR-12) Institutional (IN) Neighborhood Business (NB) Village Center (VC) Resort Business (RB) Community Business (CB) Office Park (OP) Research Park (RP) * Note: Single-family land uses (Section 18-55(a)) and agricultural land uses (Section 18-63) are exempt from landscaping requirements. Article 11: Landscaping standards 197 Draft #3: October 24, 2011

206 Section : Requirements for Permanently Protected Green Space This Section requires that each acre of permanently protected green space after the effective date of this chapter be planted with a minimum amount of landscaping. For every one acre of permanently protected green space in a development, 200 landscaping points shall be provided, all in native species. In addition, adequate native ground cover shall be provided to stabilize the soil. Section : Reforestation Requirements This Section requires that each area requiring reforestation be reforested and maintained in a manner appropriate to site conditions. The provisions of this Section are designed to ensure that reforestation efforts required as part of woodland disruption mitigation standards result in the thorough and reasonably rapid replacement of the important and varied environmental functions that woodlands provide. A detailed reforestation plan shall be submitted by the property owner and approved by the Village prior to clear cutting (see Section 18-63(e)). This plan shall be reviewed by a reforestation consultant chosen by the Village, with funding for consulting services provided by the petitioner to the Village. Section : Bufferyard Requirements (a) (b) (c) (d) Purpose. This Section provides the landscaping and width requirements for bufferyards on lots developed after the effective date of this chapter. A bufferyard is a combination of distance and a visual buffer or barrier. It includes an area, together with the combination of plantings, berms and fencing that are required to eliminate or reduce existing or potential nuisances. These nuisances can often occur between adjacent zoning districts. Such nuisances are dirt, litter, noise, glare, signs, and incompatible land uses, buildings, or parking areas. Required Locations for Bufferyards. Bufferyards shall be located along (and within) the outer perimeter of a lot wherever two different zoning districts abut one another. Bufferyards shall not be required in front yards. Determination of Required Bufferyard. The determination of bufferyard requirements is a two-staged process. First, the required level of bufferyard opacity is determined using Figure (a). Opacity is a quantitatively-derived measure which indicates the degree to which a particular bufferyard screens the adjoining property. The required level of opacity indicated by Figure (a) is directly related to the degree to which the potential character of development differs between different zoning districts. The provisions of this Section indicate the minimum requirements for bufferyards located along zoning district boundaries Identification of Required Level of Opacity. Figure (a) shall be used to determine the minimum level of opacity for the required bufferyard. The required level of opacity is determined by the value given in the cell of the table at which the column heading along the top row of the table (representing the subject property s zoning district) intersects with the row heading along the left hand side of the table (representing the adjacent property's zoning district). The value listed is the required level of opacity for the bufferyard on the subject property. Article 11: Landscaping standards 198 Draft #3: October 24, 2011

207 Figure (a): Required bufferyard opacity values Apply the required opacity value from this Figure to Figure (b) and select the most appropriate bufferyard option. Note that certain land uses, conditional uses, and planned development projects may have more stringent bufferyard requirements. Agricultural Holding (AH-35) Lakeshore Residential (LR-0) * Subject Property s Zoning District: AH-35 LR-0 Exurban Residential (SR-1) * 0 SR-1 Estate Residential (SR-2) * 0 0 SR-2 Neighborhood Residential (SR-4) * Village Residential (SR-5) * Adjacent Property s Zoning District: SR-4 Attached Residential (AR-6) * SR-5 Small Multi-Family Res. (MR-8) * Large Multi-Family Res. (MR-12) * Institutional (IN) * Neighborhood Business (NB) * Village Center (VC) * Resort Business (RB) * Community Business (CB) * Office Park (OP) * Research Park (RP) * *Note: Refer to Future Land Use Map of the Village s Comprehensive Plan for the most likely future zoning district. AR-6 MR-8 MR-12 IN NB VC RB CB OP RP Article 11: Landscaping standards 199 Draft #3: October 24, 2011

208 Figure (b): Detailed Bufferyard Requirements Opacity # Landscaping Points per 100 feet Width (in feet) Required Structure Minimum 44 inch picket fence* Minimum 4 foot wood rail fence* N/A N/A N/A N/A N/A Minimum 44 inch picket fence* Minimum 4 foot wood rail fence* N/A N/A N/A N/A N/A N/A Minimum 4 foot berm Minimum 6 foot solid fence* Minimum 44 inch picket fence* Minimum 4 foot wood rail fence* N/A N/A N/A N/A N/A Minimum 4 foot berm N/A Minimum 5 foot berm Minimum 6 foot solid fence* Minimum 44 inch picket fence* N/A Minimum 4 foot wood rail fence* N/A N/A N/A Minimum 4 foot berm N/A Minimum 5 foot berm N/A Article 11: Landscaping standards 200 Draft #3: October 24, 2011

209 Figure (b): Detailed Bufferyard Requirements Opacity # Landscaping Points per 100 feet Width (in feet) Required Structure N/A Minimum 6 foot berm Minimum 6 foot solid fence* Minimum 44 inch picket fence* N/A Minimum 4 foot wood rail fence* N/A N/A Minimum 4foot berm N/A Minimum 5 foot berm N/A N/A Minimum 6 foot berm Minimum 6 foot solid fence* N/A Minimum 44 inch picket fence* Minimum 4 foot wood rail fence* N/A Minimum 4 foot berm N/A Minimum 5 foot berm N/A N/A Minimum 6 foot berm N/A N/A Minimum 6 foot solid fence* Minimum 4 foot berm Minimum 44 inch picket fence* Minimum 4 foot wood rail fence* N/A Minimum 5 foot berm N/A N/A Minimum 6 foot berm N/A N/A Article 11: Landscaping standards 201 Draft #3: October 24, 2011

210 Figure (b): Detailed Bufferyard Requirements Opacity # Landscaping Points per 100 feet Width (in feet) Required Structure Minimum 6 foot solid fence* Minimum 4 foot berm Minimum 5 foot berm Minimum 44 inch picket fence* N/A Minimum 6 foot berm Minimum 4 foot wood rail fence* N/A N/A N/A N/A Minimum 8 foot solid fence Minimum 8 foot solid fence Minimum 8 foot solid fence Minimum 8 foot solid fence Minimum 8 foot solid fence Minimum 8 foot solid fence Minimum 8 foot solid fence Minimum 8 foot solid fence Minimum 8 foot solid fence Minimum 8 foot solid fence Notes: *Fences contributing to landscaping requirements are not permitted along street frontages for nonresidential uses. Where used in combination with plant materials to meet bufferyard requirements, a minimum of 50% of all plant materials shall be located on the exterior side (the side away from the center of the subject property) of the fence. A building wall which does not contain doors (except those used for emergency exit) may be used to satisfy the required fence portions of the bufferyard requirements. Opacity standards provided courtesy of Lane Kendig, Inc. Article 11: Landscaping standards 202 Draft #3: October 24, 2011

211 Section : Classification of Plant Species Species suitable for landscaping and compatible with local climate and soil factors are listed in Figure a. However, this list is not intended to be exhaustive, and the Zoning Administrator shall review proposals for the applicability of species not listed and is authorized to approve appropriate similar species. See Figure b for species appropriate for specific and common landscaping situations (e.g., planting under power lines), and Figure c for a list of species to use sparingly or to avoid. Figure a: Common Appropriate Landscaping Species Classification Landscaping Point Value per Plant Common Name Scientific Name Shade Trees 75 Baldcypress Taxodium distichum Shade Trees 75 Birch (River, Paper) Betula spp. Shade Trees 75 Linden (Basswood, Redmond, Little Leaf) Tilia spp. Shade Trees 75 Elms (hybrids) Ulmus spp. Shade Tree 75 Sweet Gum Liquidambar styraciflua Shade Trees 75 Honey Locust (male cultivars) Tall Deciduous Trees 30 Chanticleer pear Gleditsia triacanthos var. inermis Pyrus calleryana 'Chanticleer' Tall Deciduous Trees 30 Hackberry Celtis occidentalis Tall Deciduous Trees 30 Chinkapin oak Quercus muehlenbergii Tall Deciduous Trees 30 Gingko (male cultivars) Gingko biloba Tall Deciduous Trees 30 State Street Miyabe maple Acer miyabei 'Morton' Medium Deciduous Trees 15 Paperbark maple Acer griseum Medium Deciduous Trees 15 Serviceberry Amelanchier Medium Deciduous Trees 15 Hawthorn Crataegus viridis Medium Deciduous Trees 15 Hornbeam (Musclewood) Carpinus caroliniana Medium Deciduous Trees 15 Ironwood/Hophornbeam Ostrya virginiana Medium Deciduous Trees 15 Eastern redbud Cercis canadensis Medium Deciduous Trees 15 Callery pear Pyrus calleryana Low Deciduous Trees 10 Hazelnut Corylus spp. Low Deciduous Trees 10 Crape Myrtle Lagerstroemia indica Low Deciduous Trees 10 Flowering crabapples Malus spp. Low Deciduous Trees 10 Japanese tree lilac Syringa reticulata Tall Evergreen Trees 40 Firs abies spp. Tall Evergreen Trees 40 American holly Ilex opaca Tall Evergreen Trees 40 Serbian Spruce Picea omorika Tall Evergreen Trees 40 Pine (except Austrian) Pinus spp. (not nigra) Article 11: Landscaping standards 203 Draft #3: October 24, 2011

212 Figure a: Common Appropriate Landscaping Species Classification Landscaping Point Value per Plant Common Name Scientific Name Tall/Medium Evergreen Trees 30 Juniper (Red Cedar) Juniperus virginiana Tall/Medium Evergreen Trees 30 Arborvitae Thuja spp. Tall/Medium Evergreen Trees 30 Eastern hemlock Tsuga canadensis Low Evergreen Trees 12 Juniper (Mountbatten) Tall Deciduous Shrubs 5 Elderberry Juniperus chinensis 'Mountbatten' Sambucus candensis "aurea" Tall Deciduous Shrubs 5 Dogwood (Gray, Pagoda) Cornus spp. Medium Deciduous Shrubs 3 Weigela Weigela spp. Medium Deciduous Shrubs 3 Cotoneaster Cotoneaster spp. Medium Deciduous Shrubs 3 Forsythia (Virgina, Rugosa) Forsythia Medium Deciduous Shrubs 3 Shrub Rose Rosa spp. Medium Deciduous Shrubs 3 Viburnum (Arrowwood, Warfaring Tree, Nannyberry) Viburnum spp. Medium Deciduous Shrubs 3 Potentilla Potentilla spp. Medium Deciduous Shrubs 3 Barberry Berberis spp. Medium Deciduous Shrubs 3 Ninebark Physocarpus spp. Low Deciduous Shrubs 1 Azalea Azalea spp. Low Deciduous Shrubs 1 Gro-Low Sumac Rhus aromatica Tall-Medium Evergreen Shrubs 5 Juniper (Pfitzer) Juniperus x pfitzeriana Tall-Medium Evergreen Shrubs 5 Yew (Japanese) Taxus spp. Low Evergreen Shrubs 2 Boxwood Buxus spp. Low Evergreen Shrubs 2 Juniper (Sergeant, Creeping, Andorra) Juniperus spp. Perennial Plantings 20/20 sf Coneflower Echinacea spp. Perennial Plantings 20/20 sf Catmint Nepeta spp. Perennial Plantings 20/20 sf Black-Eyed Susan Rudbeckia hirta Perennial Plantings 20/20 sf Lily Lilium spp. Perennial Plantings 20/20 sf Daylily Hemerocallis spp. Perennial Plantings 20/20 sf Ornamental Grass varies Perennial Plantings 20/20 sf Lady s Mantel Alchemilla spp. Perennial Plantings 20/20 sf Columbine Aquilegia spp. Perennial Plantings 20/20 sf Aster Aster spp. Perennial Plantings 20/20 sf Jack Frost Brunnera macrophylla Article 11: Landscaping standards 204 Draft #3: October 24, 2011

213 Figure a: Common Appropriate Landscaping Species Classification Landscaping Point Value per Plant Common Name Scientific Name Perennial Plantings 20/20 sf Blazing Star Liatris spp. Perennial Plantings 20/20 sf Black Bugbane Cimicifuga simplex Brunette Perennial Plantings 20/20 sf Peony Paeonia spp. Perennial Plantings 20/20 sf Pachysandra Pachysandra spp. Perennial Plantings 20/20 sf Stonecrops Sedum spp. Perennial Plantings 20/20 sf Astilbe Astilbe spp. Perennial Plantings 20/20 sf Hosta Hosta spp. Figure b: Plant Species Appropriate for Specific Situations Use/Situation Classification Common Name Scientific Name Appropriate for Planting Low Deciduous Tree Flowering crabapple Malus spp. Under Power Lines Low Deciduous Tree Japanese tree lilac Syringa reticulata Appropriate for Screening Salt Tolerant Tall Evergreen Tree Firs abies spp. Tall Evergreen Tree Juniper (Red Cedar) Juniperus virginiana Tall Evergreen Trees Spruces Picea spp. Tall Evergreen Trees Pines Pinus spp. Tall Evergreen Tree Douglas fir Pseudotsuga menziesii var. glauca Tall Evergreen Tree Eastern hemlock Tsuga canadensis Medium Evergreen Tree Arborvitae Thuja occidentalis Shade Tree/Tall or Medium Deciduous Tree (varies by species) Maple Acer spp Shade Tree Sweet Gum Liquidambar styraciflua Low Deciduous Tree Flowering Crabapples Malus spp Low Deciduous Tree Crape Myrtle Lagerstroemia indica Tall Deciduous Shrub Dogwood (Gray, Pagoda) Cornus spp Medium Deciduous Shrub Barberry Berberis spp Medium Deciduous Shrub Forsythia (Virgina, Rugosa) Forsythia spp Low Deciduous Shrub Azalea Azalea spp Tall Evergreen Tree American holly Ilex opaca Tall/Medium Evergreen Shrub Yew (Japanese) Taxus spp Low Evergreen Shrub Boxwood Buxus spp Article 11: Landscaping standards 205 Draft #3: October 24, 2011

214 Figure c: Species to Use Sparingly or to Avoid Classification Common Name Scientific Name Avoid or Use Sparingly Reason Alternative Shade Tree Non-resistant elms Ulmus spp. Avoid Dutch Elm Disease Shade Tree Boxelder Acer negundo Avoid Spread quickly Shade Tree Freeman Maple Acer x freemanii Use Sparingly Over-planted Shade Tree Norway Maples Acer platanoides Use Sparingly Over-planed, dense Shade Tree Red Maples Acer rubrum Use Sparingly Prefer acidic soil Shade Tree Sugar Maples Acer saccharum Use Sparingly Tall Deciduous Tree Tall Deciduous Tree Tall Deciduous Tree Medium Deciduous Tree Autumn Blaze Maple Thrives only in certain conditions; picky Acer truncatum Use Sparingly Over-planted Ash trees Fraxinus spp. Avoid Bradford pears Pyrus calleryana bradford Use Sparingly White mulberry Morus alba Avoid Emerald Ash Borer Poorly branches, tend to break Invasive non-native Disease Resistant Elm Cultivars: Princeton, Valley Forge, & New Harmony Littleleaf Linden Tilia cordata, (urban tolerant) Kentucky Coffeetree Gymnocaldus dioicus River birch Betula nigra Oaks Quercus spp. Ginkgo (Ginkgo biloba) Hackberry (Celtis occidentalis) Chanticleer pear (Pyrus calleryana 'Chanticleer') Serviceberry Amelanchier spp. American Hornbeam or Musclewood Carpinus aroliniana Eastern Redbud Cercis canadensis Low Deciduous Tree Purple Sandcherry Prunus x cistena Use Sparingly Short-lived Flowering Crabapple Malus spp. American hazelnut Corylus americana Japanese Tree Lilac Syringa reticulata Tall Deciduous Shrub Tall Deciduous Shrub Buckthorns Autumn-olive Rhamnus cathartica Elaeagnus umbellata Avoid Avoid Invasive, nonnative Invasive, nonnative Grey Dogwood Cornus mas Lilacs Syringa spp. Article 11: Landscaping standards 206 Draft #3: October 24, 2011

215 Figure c: Species to Use Sparingly or to Avoid Classification Common Name Scientific Name Avoid or Use Sparingly Reason Alternative Tall Deciduous Shrub Multiflora rose Rosa multiflora Avoid Invasive, nonnative Medium Deciduous Shrub Medium Deciduous Shrub Medium Deciduous Shrub Japanese spirea Spiraea japonica Avoid Burning bush Euonymus alatus Avoid Honeysuckle Lonicera spp. Avoid Invasive (reseed) Invasive nonnative Invasive, nonnative Red chokeberry Aronia arbutifolia Black chokeberry Aronia melanocarpa Redosier dogwood Cornus sericea Summersweet Clethra Clethra alnifolia Viburnums Viburnum spp. Low Deciduous Shrub Japanese Barberry Berberis thunbergii Avoid Invasive; overplanted Dwarf bush honeysuckle Diervilla lonicera Tall Evergreen Tree Tall Evergreen Tree Tall Evergreen Tree Tall Evergreen Tree Austrian pine Pinus nigra Use Sparingly Over-planted Blue spruce Picea pungens Use Sparingly Over-planted White pine Pinus strobus Use Sparingly Over-planted White spruce Picea glauca Use Sparingly Over-planted Norway spruce Picea abies Canadian hemlock Tsuja canadensis Scotch pine Pinus sylvestris American arborvitae Thuja occidentalis Notes: 1 Species to Use Sparingly may be used as part of an overall landscaping plan, but only if the number of individual plants does not constitute more than one plant per 20 total plants within the same plant classification. For example, if a landscaping plan includes a total of 20 Tall Deciduous Trees, no more than one of those 20 trees may be classified as a Species to Use Sparingly. The purpose of this provision is to encourage plant species diversity throughout the Village. 2 Species to Avoid may not be included as part of any landscaping plan that is subject to Village review per Section B. The purpose of this provision is to limit the planting of species that are invasive, have invasive tendencies, or that may perpetuate or spread disease. Article 11: Landscaping standards 207 Draft #3: October 24, 2011

216 Section : Standards for Rain Gardens and Bioswales Rain gardens and bioswales can serve both as landscaping and stormwater management features on a building site, where appropriately designed and sited. A rain garden is a shallow, depressed garden that is designed and positioned on a site to capture stormwater runoff and allow for the infiltration of water back into the ground. Rain garden plants are carefully chosen for their ability to withstand moisture extremes and potentially high concentrations of nutrients and sediments that are often found in stormwater runoff. A well designed and maintained rain garden serves as an attractive component of an overall landscaping plan for a development site. A bioswale is a linear, vegetative stormwater runoff conveyance system that is designed to store and infiltrate water from small storm events back into the ground and direct water from heavy rain events to appropriate storm sewer inlets or other management facilities. The flow of water being conveyed through a bioswale is slowed down, allowing for municipal storm systems to more effectively manage heavier rain events and help reduce the risk of flooding on or off-site. Water being infiltrated or conveyed via a bioswale is also filtered by the vegetation within it, generally improving both ground and surface water quality. The installation of a rain garden or bioswale may contribute to the overall stormwater management plan for a development site and count toward meeting the Village s landscaping guidelines in the same manner indicated in Figure a above (20 points for every 20 square feet), provided the following requirements are met: (a) Detailed plans shall be provided that show all proposed dimensions of the rain garden or bioswale including length, width, depth, and slope of depression; location of the rain garden or bioswale on the lot relative to hard-surfaced areas, downspouts, and site topography; characteristics of the soil underlying the rain garden or bioswale; description of planting media; the species, number, and size at time of installation of all vegetation proposed for the rain garden or bioswale; and information on any other materials (e.g., rocks) that will be used to line the rain garden or bioswale. (b) (c) (d) (e) Installation shall not be proposed for any of the following areas of a site: (1) Areas where there is known soil contamination unless the rain garden or bioswale is proposed to be constructed with an under-drain; (2) Areas where the characteristics of the soil would not allow for the proper infiltration of water into the ground; or (3) Areas where there are expected to be high levels of foot traffic. The owner of the site shall demonstrate that the rain garden or bioswale shall be properly maintained; kept free of trash, weeds, debris, and dead or dying plants; any pipes associated with the rain garden or bioswale will be inspected on an annual basis and kept free of debris; and by the beginning of every spring dead plant materials will be cut back or removed. Bioswales and rain gardens shall be generously (and appropriately) vegetated to qualify for landscaping points. Bioswales and rain gardens (or portions thereof) that are lined with turf and/or rocks but do not include other vegetation will not county toward meeting landscaping point requirements. Rain gardens and bioswales may serve as a component of an overall stormwater management plan for a site only if detailed plans, calculations, and specifications are submitted. Detailed plans shall include the location and description of all other stormwater management facilities serving the site, particularly those to which any bioswale will be directed. Article 11: Landscaping standards 208 Draft #3: October 24, 2011

217 Section : Installation Requirements (a) (b) (c) (d) (e) (f) Installation. Any and all landscaping and bufferyard material required by the provisions of this Chapter shall be installed on the subject property, in accordance with the approved site plan (see Section ) within 365 days of the issuance of an occupancy permit for any building on the subject property, unless a conditional use is approved to allow for greater than 365 days. Surety. (1) If the subject property is to be occupied prior to the installation of all required landscaping and bufferyard material, the property owner shall sign an instrument agreeing to install the landscaping within the 730 day period and shall furnish to the Village an irrevocable letter of credit or other form of security acceptable to the Village sufficient to guarantee completion of the work. Such security shall be provided by the property owner at the time that the agreement is signed. It shall be in an amount equal to 110 percent of the estimated actual cost for all of the required elements of the approved site plan and shall specifically guarantee that all such elements shall be made and installed according to the approved site plan. The costs of the work shall be furnished by the property and shall be verified by the Village. The financial security shall remain in force until all of the work has been completed and approved by the Village. This agreement shall also contain a statement indicating that the property owner s failure to comply with the requirements of the terms of the agreement will constitute a violation of the Chapter and subject the property owner to a forfeiture upon conviction. (2) If the required landscaping and bufferyard materials are to be installed during different phases of a subdivision development, the developer may furnish for each phase financial security in an amount sufficient to guarantee completion of the landscaping and bufferyard work performed during a particular phase, unless the Land Division Regulations requires otherwise. (3) If the property owner is a governmental unit, it may, in lieu of signing an agreement and furnishing a guarantee and file a resolution or letter from officers authorized to act in its behalf, agreeing to comply with the provisions of this Article. If existing plant material meets the requirements of this Article and will be preserved on the subject property following the completion of development, it may be counted as contributing to the landscaping requirements. All landscaping and bufferyard areas shall be seeded with lawn or native ground cover unless such vegetation is already fully established. The exact placement of plants and structures shall be depicted on the required detailed landscaping plan submitted to the Village for its approval. Such plant and structure location shall be the decision of each property owner provided the following requirements are met: (1) Evergreen shrubs shall be planted in clusters to maximize their chance for survival. (2) Where a combination of plant materials, berming, and fencing is used in a bufferyard, the fence and/or berm shall be located toward the interior of the subject property and the plant material shall be located toward the exterior of the subject property. (3) A property owner may establish through a written agreement, recorded with the Register of Deeds that an adjacent property owner agrees to provide on the immediately adjacent portion of his or her land a partial or full portion of the required bufferyard, thereby relieving the developer of the responsibility of providing the entire bufferyard on his property. (4) Under no circumstance shall landscaping or bufferyard materials be selected or located in a manner resulting in the creation of a safety or visibility hazard. (5) The restrictions on types of plants listed in this Article shall apply. Maintenance. The continual maintenance of all required landscaping and bufferyard materials shall be a requirement of this Chapter and shall be the responsibility of the owner of the property on which said materials and plants are required. This requirement shall run with the property and shall be binding Article 11: Landscaping standards 209 Draft #3: October 24, 2011

218 (g) (h) upon all future property owners. Development of any or all property following the effective date of this chapter shall constitute an agreement by the property owner to comply with the provisions of this Section. If the property owner fails to comply with these provisions, the Village may enter upon the property for the purpose of evaluating and maintaining all required landscaping and bufferyard materials, and may specially assess the costs thereof against the property. A property owner s failure to comply with this requirement shall also be considered a violation of this chapter, and shall be subject to any and all applicable enforcement procedures and penalties. Use of Required Bufferyard and Landscaped Areas. Any and all required bufferyards or landscaped areas may be used for passive recreation activities. Said areas may contain pedestrian, bike or equestrian trails provided that no required material is eliminated; the total width of the required bufferyard, or the total area of required landscaping, is maintained; and all other regulations of this Chapter are met. However, in such areas, no swimming pools, tennis courts, sports fields, golf courses, or other such similar active recreational uses. No parking and no outdoor display of storage of materials shall be permitted. Paving in such areas shall be limited to that required for necessary access to, through, or across the subject property. Utility Easements. Landscaping materials, fences and berms located within a duly recorded utility or a pedestrian easement shall not count toward meeting a landscaping requirement, unless authorized otherwise by a conditional use permit. However, the width of such areas may be counted as part of a landscaping requirement. Section : Calculating Landscaping and Bufferyard Requirements In calculating the number of required landscaping points under the provisions of this Section, all areas and distances on which required calculations are based shall be rounded up to the nearest whole number of square feet or linear feet. Any partial plant derived from the required calculations of this Section (for example 23.3 canopy trees) shall be rounded up to the nearest whole plant (24 canopy trees). Section : Depiction on Required Site Plan Any and all proposed landscaping on the subject property, required to meet the standards of this Chapter, shall be clearly depicted and labeled as to its location and make-up on the site plan required for the development of the subject property. Section : Natural Resource Conservation Ordinance (a) Purpose. The purpose of this section is to: (1) Promote the preservation and planting of trees and beneficial natural vegetation in order to preserve the Village's character as a naturally wooded community. (2) Preserve and encourage the reintroduction of trees which are native to and naturally dominant in the Village s original environment, such as oaks and maples. (3) Alleviate the negative visual, economic and environmental impact of indiscriminate or excessive removal, clear cutting and destruction of larger, more mature trees and their canopy, while not unduly interfering with the right of Village property owners to appropriately remove trees on private property. (4) Assist in the control, drainage and restoration of land disturbed. (5) Aid in the stabilization of soil by the prevention of erosion and sedimentation. (6) Reduce the negative impact of storm water runoff and the cost associated therewith. (7) Protect the waters of the state and Geneva Lake. (8) Encourage environmentally responsible development. (9) Preserve and enhance property values within the Village. (10) Generally protect, promote, and enhance the quality of life, public health and safety and general welfare of the people in the Village. Article 11: Landscaping standards 210 Draft #3: October 24, 2011

219 (b) (c) (d) Prohibited Acts. (1) Tree Removal Control. Except as provided herein, no person shall cut down, remove, damage or destroy, or authorize the cutting down, removal, damage or destruction of any protected tree as defined herein, without having first obtained a tree-removal permit as provided herein. (2) Clear Cut Prohibition. The clear cutting of any lot within the Village is prohibited unless a conditional use permit has been obtained or granted through planned development zoning. (3) Topping Prohibition. The topping of any tree is prohibited. (4) Attachment Prohibition. No attachments shall be made to any protected tree. Protected Trees. The Village hereby declares that the following are protected trees for the purpose of this natural resource conservation ordinance: (1) Trees of any size located on any Village-owned property, including any public right-of-way. (2) Trees of any size which are planted or retained as part of a landscape plan approved by the Village for any planned development (GDP and PIP), conditional use permit, site plan or land division (plat or CSM). (3) Any species of tree not defined herein as a nuisance tree and measuring 8 inches or more in DBH. A nuisance tree is any tree that is diseased, dead, injured or in danger of falling to the extent that said tree s continued presence threatens the immediate health or safety of nearby persons or property. (4) Viable invasive species trees which measure 8 inches or more in DBH. Although these types of trees are not considered a native or desirable species, the Village has determined that these trees contribute to the overall tree canopy, and for purposes of obtaining a tree-removal permit shall be considered a protected tree. Invasive tree species are as delineated on the Wisconsin Department of Natural Resources published list of invasive tree species. (5) Trees of any size located within the shore yard setback area pursuant to Article 2. Permitted Acts. With the exception of tree farms and nurseries which have been acknowledged in writing by Village Staff as the principal use on the subject property and therefore exempt from the provisions of this Section, trees may be removed only with the issuance of a tree-removal permit. The owner of fee simple title to any lot may apply for a tree-removal permit pursuant to the following requirements: (1) Application for Tree-Removal Permit. Application for a tree-removal permit shall be made in narrative form within a letter and shall be accompanied by the following documentation: a. A complete and signed narrative which includes, among other things, the reason for the proposed tree removal; and the following: 1. Name and address of the property owner. 2. Name and address of applicant if other than the owner accompanied by a written, signed letter of consent from the property owner. 3. A description by lot and block number of the premises for which the permit is sought. 4. A sketch depicting lot size with approximate location, size in DBH and type of tree(s) to be removed or destroyed and approximate location, caliper and type of tree(s) to be planted in replacement of those removed or destroyed. An alternative or supplement to a sketch depicting the trees may be accepted as approved by the Zoning Administrator. 5. The following may also be required as determined by the Zoning Administrator if tree removal or destruction is pursuant to any project requiring a grading permit, building permit or landscaping plan: i. A certified tree survey depicting location, species and DBH of all trees on the property with a DBH above eight inches prepared by a certified arborist. ii. A tree-preservation plan prepared by a certified arborist designating trees to remain and trees to be removed, necessary tree-protection zones and a listing of all Article 11: Landscaping standards 211 Draft #3: October 24, 2011

220 mitigation procedures needed including, but not limited to, pruning, mulching and fertilizing. All trees on adjacent properties with drip lines over the construction site or other areas to be disturbed or compacted by vehicle maneuvering, materials staging, equipment use, dumpster and other waste disposal, parking and soil stockpiling must also be protected from construction damage with appropriate protection zones as established in Subsection iv., below. As part of this treepreservation plan, all trees over eight inches in DBH proposed for removal, or otherwise not intended for protection, shall be clearly identified with a ribbon tied around the tree at breast height as of the date of plan submittal to the Village. iii. An engineered site plan including, but not limited to, the building footprint, driveways, patios, decks, swimming pools and utility trenches. iv. Construction site management plan which depicts tree-protection areas, materialsstaging areas, equipment-use areas, dumpster and other waste-disposal locations, parking and soil-stockpile locations. v. Grading plan. b. An application filing fee in an amount as may be established by Village Board resolution from time to time. (2) Upon receipt of an application, the enforcement officer may visit the location and inspect the land and trees which are the subject of the application in order to determine the effect of removal upon: a. The drainage and stormwater runoff and other physical conditions of the land, adjacent properties and the roadway. b. The stability of the soil of the subject land with particular concern for whether erosion will be created. c. Growth and development of the remaining trees on the subject land and adjacent property. d. Loss of tree species. e. Effect of tree removal on neighboring property and the neighborhood, in general. (3) Enforcement Officer. If the application requested is made by a tree specialist, or accompanied by a certification by a tree specialist, the enforcement officer will not be required to visit and inspect the location if it is deemed the information in the application is accurate, as to the reasons for the requested removal. The enforcement officer shall, within 10 business days of the receipt of a completed application, grant or deny the requested permit. The failure of the enforcement officer to act upon an application for the removal of a tree(s) within 10 business days of receipt of same shall constitute approval of said application and entitle the applicant to the permit requested unless an extension of the ten-day period has been agreed upon between the applicant and the enforcement officer before the period expires. (4) Zoning Administrator. The Zoning Administrator, as part of the review of an application for a tree-removal permit, or at any other time, may obtain an opinion and technical/professional guidance from a certified arborist with the cost thereof to be recovered from the applicant by the Village. (5) Limited Duration to be Specified in Permit. Any tree-removal permit pursuant to this natural resource conservation ordinance shall be of a limited duration specified in the permit. Any treeremoval permit issued by the village is to be prominently displayed prior to removal and throughout the permitted process. Within 3 business days after removal of a tree pursuant to a tree-removal permit, notice of completion shall be given to the Zoning Administrator. A treeremoval permit may be issued subject to a stated list of conditions designed to protect trees and advance the purpose of this natural resource conservation ordinance. (6) Site Inspections. Application for a tree-removal permit constitutes consent by the property owner for the enforcement officer to conduct site inspections in furtherance of this natural Article 11: Landscaping standards 212 Draft #3: October 24, 2011

221 resource conservation ordinance at such times and in such manner as deemed necessary by the Village. (7) Criteria for Issuance of Tree-Removal Permit. In determining if a tree-permit application shall be approved and a tree-removal permit shall be issued, the Zoning Administrator shall make the following findings: a. That the applicant has made every reasonable effort to incorporate existing trees into applicant s plan for use of the lot and has taken all reasonable steps to minimize the number of trees to be removed; and b. That the trees proposed to be removed are the minimum number necessary so as to accomplish the applicant s stated purpose for the tree removal; and c. That the condition of the trees proposed for removal with respect to disease, danger of falling, proximity to existing structures and high pedestrian and/or vehicular traffic areas or interference with existing utility services cannot be controlled or remedied through reasonable preservation or preventative procedures and practices; and d. That removal of the trees is necessary to enable the reasonable and conforming use of the lot which would otherwise be prevented by the presence of the trees sought for removal; and e. That removal will be carried out in a way to limit damage to other protected trees; and f. That removal of the trees does not exceed the maximum allowed removal or destruction of 30 percent or greater of the trees having a DBH of 8 inches or more on a Village lot as determined by the Zoning Administrator based on historic air photos, tree inventories, SEWRPC determinations and other appropriate records. Removal of more than 30 percent of trees having a DBH of 8 inches or more may be permitted if a conditional use permit has been obtained, or granted through planned development zoning. Trees located within a proposed new building footprint as described on any application for a building permit, shall be exempted from this computation, but shall remain subject to all other requirements of this natural resource conservation ordinance. g. Exceptions. 1. A tree-removal permit is not required for the following: i. All licensed or governmental tree nurseries which have been acknowledged in writing by Village Staff as the principal use on the subject property shall be exempt from the terms and provisions of this section in relation only to those trees which are planted and grown for resale to the general public in the ordinary course of business or those trees which are planted and grown for a public purpose. ii. Removal of any nuisance tree provided, however, that the person removing such a nuisance tree preserves evidence and documentation as to the removed nuisance tree, such as a documented inspection by the Building and Zoning Department, or photos clearly depicting the presence of the tree's disease, injury, death or safety hazard which shall be produced to the Village upon request. A nuisance tree is any tree that is diseased, dead, injured or in danger of falling to the extent that said tree s continued presence threatens the immediate health or safety of nearby persons or property. Any tree suspected of having oak wilt or emerald ash bore must be evaluated professionally and removed according to current ANSI standards if found to be diseased. iii. Removal of any tree during emergency conditions such as a tornado or other natural disasters of similar scope by a public or private utility, the village or any other municipality having jurisdiction in order to prevent an interruption of public or private service or other public services or to restore interrupted service. iv. Removal of trees by the village from the right-of-way for roads or streets maintained by the Village for public utilities maintained by the Village. Article 11: Landscaping standards 213 Draft #3: October 24, 2011

222 (e) v. Removal of invasive tree species that have been designated as nuisance trees. Invasive tree species are as delineated on the Wisconsin Department of Natural Resources published list of invasive tree species. 2. Proposed removal of trees designated as landmark trees, regardless of their location, species, or health, and proposed removal of trees by the Village from Village owned properties (other than from road rights-of-way) shall be submitted to and approved by the Park Commission. Submittal requirements shall be as established by the Park Commission. (8) Tree Protection During Development. Any construction or land-disturbing construction activity on a lot, whether requiring a building permit or not, shall only be undertaken in such a way as to preserve protected trees. The following steps shall be followed in all construction or land disturbing construction activities and may additionally be imposed as conditions with regard to any tree-removal permit or building permit issued by the Village: a. Prior to beginning any site preparation, land-disturbance construction activity or any construction, all areas proposed for such activities shall be clearly marked out on the subject property. The location of this line shall be inspected and certified by the Zoning Administrator in writing as consistent with the approved development permit(s) and associated conditions, prior to any site disruption activities. b. The grade of land located within the drip line shall not be raised or lowered more than one inch. c. No soil stockpiling, storage of materials, discharge of contaminants into the soil, movement of construction equipment or vehicles shall be permitted within the drip line of any protected tree not to be removed. d. No attachments shall be made to any protected trees which are not subject to be[ing] removed. e. Any protected tree which dies or is severely damaged during construction or land-disturbing construction activities or is found to be in a state of unnatural decline within a three-year period after said activities cease shall be subject to the tree mitigation obligation set forth at Subsection (e). Tree Mitigation Policy. (1) Each protected tree removed in accordance with this natural resource conservation ordinance and in accordance with a valid tree-removal permit shall be replaced on the same lot within 3 months or the beginning of the next planting season, whichever is sooner. Each replacement tree shall measure a minimum of 2 inches in caliper. Within 3 business days after planting of each replacement tree pursuant to this subsection, notice of completion shall be given to the Zoning Administrator. If replacement on same lot is not feasible, as determined by the Zoning Administrator, any of the following alternative requirements may be substituted: a. Replace some of the required trees on the same lot, satisfying the remainder required replacements by paying the appropriate tree-removal replacement fee. b. Replace some or all of the required trees on another lot located with this Village, which is owned by the person to whom the tree removal [permit] is issued, and satisfying the remainder required replacements by paying the appropriate tree removal replacement fee. c. Replace some or all of the required trees on another lot owned by the Village as recommended by the Park Commission, and authorized by the Village Board, and satisfying the remainder required replacements by paying the appropriate tree removal replacement fee. (2) For purposes of this mitigation, the person to whom the tree-removal permit is issued or any successor/owner shall be responsible for maintaining the health of any replacement tree for three years from planting. Should any replacement tree die or be in a state of unnatural decline at any time during said three-year period, the permit holder shall be required to replace the tree with a tree of similar size within 3 months or the beginning of the next planting season of said Article 11: Landscaping standards 214 Draft #3: October 24, 2011

223 (f) (g) (h) (i) determination. Thereafter the 3-year maintenance period for said replacement tree shall begin anew and so on thereafter with subsequently replaced trees. At any time the Zoning Administer may require the permit holder to obtain a bond or a letter of credit on terms acceptable to the Village for 150 percent of the estimated cost of a replacement tree with a minimum not less than two inches in caliper so as to secure continuing performance of this monitoring and tree survival obligation. (3) As an alternative to replanting on the same lot, the applicant may choose to pay a tree-removal replacement fee prior to removal in the amount as may be established by Village Board resolution from time to time. Said tree-removal replacement fee shall be held by the Village in a segregated tree reforestation fund to be used as determined by the Park Commission or the Village Tree Board for such purposes as the Park Commission or Village Tree Board deem appropriate in furtherance of the Village s commitment to maintain the Village s tree canopy. (4) Persons providing documentation that a tree has been planted on the same lot within the previous five years shall be exempt and not required to replace the removed tree. (5) Invasive species shall not be considered a suitable replacement tree. Duty of Property Owners to Maintain Trees. It shall be the responsibility of every property owner or occupant to maintain trees on the owner s property in a safe and healthy manner, and to keep trees properly pruned and trimmed so as to avoid hazards to persons, property and other vegetation. Abatement. Upon finding that any tree or portion thereof is in such condition as to constitute a nuisance, or that imminent danger exists to persons, property or other valuable vegetation, the village shall, by order served on the owner, direct the property owner to remove, alter or treat the tree in such a manner as to cause abatement of the condition. Failure to comply shall result in the village taking action at the owner's expense, in addition to seeking any penalty or penalties applicable in state and local codes and ordinances. Penalties. Any person violating any provision of this natural resource conservation ordinance shall be subject to those penalties described in Section 1-11 of the Village of Fontana-on-Geneva Lake Municipal Code. Any person who removes a protected tree without a tree-removal permit as provided herein shall, in addition to any other penalty, be required to forfeit $ per inch over 8 inches DBH (as measured at breast height), but not less than $ per tree, to be held by the Village in a segregated tree reforestation fund, and to install replacement tree(s) in accordance with Subsection (e) of this Chapter. Appeals. Any person desiring to appeal a decision for any reason shall do so in writing to the Park Commission. The Park Commission shall review the requested appeal and make recommendation to the Village Board for final decision. Section through : Reserved Article 11: Landscaping standards 215 Draft #3: October 24, 2011

224 Article 11: Landscaping standards 216 Draft #3: October 24, 2011

225 ARTICLE 12: SIGNAGE STANDARDS Section : Purpose The Village of Fontana has a reputation and historic tradition as a highly scenic, primarily residential, vacation community. Signs have strong visual impact on the character and quality of the community. As a prominent part of the scenery, they attract or repel the viewing public, affect the safety of vehicular traffic, and their suitability or appropriateness helps to set the tone of the neighborhood. Since the Village of Fontana relies on scenery and physical beauty to maintain the high desirability of its primarily residential character, aesthetic considerations assume economic value. Section Intent It is the intent to protect and enhance the Village s character and economic base through the provision of appropriate and aesthetic signing. In addition, it is the intent of the Village to limit the size, type, and location of signs in order to minimize their distracting effect on drivers and thereby improve traffic safety. In view of these facts, the Village of Fontana adopts the policy that a sign should serve primarily to identify an establishment, organization, or enterprise. As identification devices, signs must not subject citizens to excessive competition for their attention. As appropriate identification devices, signs must harmonize with the building, the neighborhood, and other signs in the area. Section Exempt Signs Traffic control and other public agency signs located within a right-of-way are not regulated by the provisions of this Article. Signs less than one square foot in area are not regulated by this Article. Signage approved by the Village Board to be erected on Village property is exempt from all provisions and requirements of this Article. Section : Permit Required No person, firm, corporation, or organization shall place, erect, alter, or relocate within the Village of Fontana any sign without first obtaining a permit and paying the required fee therefore, unless exempt as provided herein. Permits shall not be required for a change of copy on a changeable copy sign, nor for the repainting, cleaning, and other normal maintenance and repair of any sign and its structure, provided the sign copy does not change. Section : Permit Application To obtain a sign permit, each applicant must provide the following information and fee to the Zoning Administrator on forms available from the Village Clerk: (a) Name, address, and telephone number of the applicant, property owner (or owner s authorized representative), and the person, firm, corporation, or association constructing and erecting the sign. (b) A diagram of the property showing the location and dimensions of all structures and the proposed location of the sign, including distance between the sign and all lot lines. (c) Photographs adequately showing the proposed location of the sign and its relationship to the principal structure and the surrounding area. (d) A color drawing of the proposed sign and sign structure and surrounding area showing the message to be displayed, method of construction, and landscaping. (e) Written consent of the owner of the building, structure, and land on which the sign is to be erected. (f) A description of all electrical equipment and attachments if the sign is lighted, illuminated, or contains any electrical components. (g) A sign permit application fee as may be determined by the Village Board from time to time. Article 12: Signage Standards 217 Draft #3: October 24, 2011

226 Section : Review and Issuance of Sign Permit It shall be the duty of the Zoning Administrator, upon the filing of an application for a sign permit, to review the application and inspect the subject property. If the application is complete and the proposed sign is in compliance with the Code of Ordinances, the Zoning Administrator shall issue a sign permit upon payment of the fee as hereinafter provided. In the event that a permit is issued, but the sign authorized by the permit is not attached or erected within 6 months after the issue date of the permit, the permit shall expire and be null and void. Section : Sign Measurement Sign area shall be measured in the following manner: (a) In the case of a sign placed within a frame, a marquee sign, or other structure, sign area consists of the entire surface area of the sign on which copy could be placed. The supporting structure or bracing of a sign, including the supports of monument signs not used for copy, shall not be counted as a part of the sign face area unless such structure or bracing is made a part of the sign s message. Where a freestanding on-premise sign (monument) has two or more display faces, the total area of all of the display faces which can be viewed from any single location shall be considered the sign face area. (b) In the case of a sign whose message is fabricated together with the background which borders or frames that message, sign face area shall be the total area of the entire background. (c) In the case of a sign whose message is applied to a background which provides no border or frame (such as individual letters to a building face or awning), sign face area shall be the combined areas of the smallest rectangles which can encompass each word, letter, figure, emblem, and other element of the sign message per a scaled, fully dimensioned drawing approved by the Zoning Administrator. Where such drawing is not provided, said area shall be the smallest area enclosed in a single rectangle. (d) Ground level is measured as the average elevation of the ground upon which the sign supports are placed, except when the sign supports rest upon a berm or other area elevated above the surrounding ground. In such cases, the average elevation of the base of such berm or other area shall be considered as the ground level. (e) The following illustration demonstrates how sign face area is measured. Figure : Measuring Sign Face Area Article 12: Signage Standards 218 Draft #3: October 24, 2011