§ 100-21. Use restrictions.
The following use restrictions and regulations shall apply:
(1)
Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district.
(2)
Accessory uses and structures are permitted in any district but not until the principal structure is present. Residential accessory uses shall not involve the conduct of any business, trade or industry except home occupations and professional home offices only as defined and as allowed in this chapter.
(3)
Conditional uses and their accessory uses are considered special uses requiring review, public hearing, and recommended approval by the plan commission and approval by the village board in accordance with article IV of this chapter.
(4)
For any development within 500 feet of existing or proposed rights-of-way of freeways, expressways and interstates and within 1,500 feet of an existing or proposed interchange, the plan commission with village board approval, under site plan, conditional use or planned unit development review shall consider imposing conditions to improve good traffic flow and proper traffic safety.
(5)
Vehicle service, fueling, or washing operations are a conditional use in specific business or manufacturing districts. Vehicle service, fueling, or washing operations shall, at a minimum, meet the following criteria:
a.
A fuel filling station site shall be designed for good traffic flow and proper traffic safety on and surrounding the property.
b.
The plan commission shall establish stringent landscaping and setback requirements for each business after taking into consideration the specific land involved, existing and potential traffic patterns, and the use of the adjacent properties.
c.
Any vehicle repair or service, other than dispensing of fuel shall be conducted within an enclosed building.
d.
An owner or subsequent owner of a vehicle service, fueling or washing business operating as of February 6, 1996, or operating after that date, which ceases such operation for a period of one year, shall within a period of six months remove or remodel such vehicle service, fueling or washing business to some other permitted use.
e.
All vehicle service, fueling or washing businesses designed and intended for use as such, not operating as of February 6, 1996, and having been nonoperated for a period of two consecutive years, will be required to comply with subsection d., above.
f.
The storage of motor vehicles upon any of the above businesses shall be allowed only if such storage is within a visual screened area found to be aesthetically pleasing by the plan commission and approved by the village board.
g.
All vehicle washing facilities shall be required to provide a minimum of 100 feet of driving surface after the vehicle exits the washing area, unless all vehicles will be machine or employee dried prior to exiting the facility.
(6)
Home occupations and professional home offices are a conditional use in any residential district requiring a conditional use permit. The home occupation or professional home office shall meet the following minimum criteria:
a.
The use of the residential dwelling for the home occupation or professional home office shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25 percent of the floor area of one floor.
b.
No professional home office shall be located in or conducted in any accessory structure.
c.
No person other than members of the family residing on the premises shall be employed or engaged in such home occupation or professional home office.
d.
Home occupations shall use only household equipment, and no stock in trade shall be kept or sold except that made on the premises.
e.
No traffic shall be generated by the home occupation or professional home office in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation or use shall be provided off the street and other than in the required street yard.
f.
No outdoor storage of equipment or product shall be permitted.
g.
Home occupations, which comply with the conditions set forth above, may include, but are not limited to, baby sitting, canning, crafts, desktop publishing and other computer services, dressmaking, laundering, millinery, piano teaching and word processing.
h.
Home occupations shall not include auto body or engine repair, barbering, beauty shops, construction trades, dance studios, insurance agencies, photographic studios or real estate brokerages.
(7)
Cottage industries are a conditional use in any residential district requiring a conditional use permit. The cottage industries shall meet the following minimum criteria:
a.
The use of the residential dwelling for the cottage industry shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25 percent of the floor area of one floor.
b.
No cottage industry shall be located in or conducted in any accessory structure.
c.
No person other than members of the family residing on the premises shall be employed or engaged in such cottage industry.
d.
Cottage industries shall use only equipment as approved by the board of zoning and building appeals, and no stock in trade shall be kept or sold except as approved by the board of zoning and building appeals.
e.
No traffic shall be generated by the cottage industry in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the cottage industry or use shall be provided off the street and other than in the required street yard.
f.
No outdoor storage of equipment or product shall be permitted.
g.
Cottage industries, which comply with the conditions set forth above, may include, but are not limited to, baby sitting, canning, crafts, desktop publishing and other computer services, dressmaking, laundering, millinery, piano teaching, barbering, beauty shops, construction trades, dance studios, insurance agencies, photographic studios, real estate brokerages and word processing.
h.
Cottage industries shall not include auto body or engine repair or any occupation or process that uses chemicals or combustibles in quantities undesirable in a neighborhood setting.
(8)
Similar use interpretations.
a.
Need and authority for similar use interpretations. Where a proposed unclassified or unspecified use is similar in character to a permitted or conditional use in a given district the board of zoning and building appeals is authorized to make similar use interpretation. At their discretion the matter may be referred to the plan commission or economic development committee for review and comment. The standards contained in this section shall guide similar use interpretations.
b.
Considerations used in making similar use interpretations. The following considerations shall be used to determine what category a use is in and whether the activities are to be considered principal or accessory uses:
1.
The similarity of the proposed or projected use or activity to already-permitted uses and activities.
2.
The relative amount of site area or floor space and equipment devoted to the activity.
3.
Relative amounts of sales from each activity.
4.
The type of customer for each activity.
5.
The relative number of employees in each activity.
6.
Hours of operation.
7.
Building and site arrangement.
8.
Vehicles used in the activity.
9.
The relative number of vehicle trips generated by the use or activity.
10.
Signage.
11.
How the use or activity advertises itself.
12.
Whether the use or activity is likely to be found independent of the other uses or activities on the site.
c.
Additional standards for similar use interpretations.
1.
No similar use interpretation shall permit any use in any zoning district unless evidence shall be presented demonstrating that it will comply with all applicable use standards and all other applicable requirements and standards of this chapter.
2.
No similar use interpretation shall permit any use in a zoning district unless the use is similar to other uses allowed in the zoning district and is more similar to such uses than to permitted and conditional uses allowed in other zoning districts.
3.
If the proposed use is more similar to a use allowed only as a conditional use in the zoning district in which it is proposed to be located, then any similar use interpretation permitting that use shall require a conditional use permit.
d.
Effect of similar use interpretations. A similar use interpretation finding that a particular use is permitted or conditionally permitted in a specific district shall not automatically authorize the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure. It merely authorizes the preparation, filing and processing of applications for any permits and approvals that may be required by the Village of Mukwonago's codes and ordinances or other governmental agencies having jurisdiction. These permits and approvals include, but are not limited to site plan and architectural review, conditional use permits, building permits and certificates of occupancy.
(9)
Unclassified or unspecified temporary uses, shall be allowed only after approval by the board of zoning and building appeals, in accordance with the following standards:
a.
The temporary use shall be for a temporary office for sales, marketing, rental or construction of residential, commercial, industrial or institutional development, or for construction of public facilities and/or utilities.
b.
The temporary use shall comply with all applicable village codes, and the board of zoning and building appeals may place standards or conditions upon the temporary use to mitigate adverse impacts upon neighboring properties.
c.
The temporary use shall obtain all necessary permits from the village prior to placement.
d.
The temporary use approval shall be valid for a maximum period of one year from date of board of zoning and building appeals approval.
(10)
Well head protection.
a.
Well head protection area. Lands surrounding Well No. 5 and Well No. 6 will be subject to the following minimum horizontal separation distances between the well and the following land uses and facilities.
1.
Fifty feet between the well and a storm sewer main.
2.
Two hundred feet between the well and any sanitary sewer main, sanitary sewer manhole, lift station or single-family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current American Water Works Association C600 specifications. In no case may the separation distance between the well and a sanitary sewer main be less than 50 feet.
3.
Four hundred feet between the well and a septic tank or soil adsorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.
4.
Six hundred feet between the well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Commerce or its designated agent under § Comm. 10.10.
5.
One thousand feet between the well and land application of municipal, commercial or industrial waste; the boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under Wisconsin Department of Natural Resources ch. NR 718 while that facility is in operation; industrial, commercial or municipal waste water lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil adsorption units receiving 8,000 gallons per day or more.
6.
One thousand two hundred feet between the well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Wisconsin Department of Natural Resources ch. NR 140 enforcement standards that is shown on the department's geographic information system registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Wisconsin Department of Commerce or its designated agent under § Comm. 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.
b.
Nonconforming uses. The existing legal use of the structure or building or its accessory use, which is not in conformity with the provisions of this ordinance, may be continued subject to the following. No modifications or additions to a nonconforming use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure or accessory use. Ordinary maintenance repairs are not considered structural repairs, modifications or additions (ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components). If a nonconforming use is discontinued for 12 consecutive months, any future use of the lands, structure or building shall conform to the appropriate provisions of this ordinance.
c.
Requirements for existing facilities.
1.
Facilities shall provide copies of all federal, state and local facility operation approvals or certificates and on-going environmental monitoring results to the Village of Mukwonago.
2.
Facilities shall provide additional environmental or safety structures/monitoring as deemed necessary by the Village of Mukwonago, which may include (but is not limited to) stormwater runoff management and monitoring.
3.
Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
4.
Facilities shall have the responsibility of devising and filing with the Village of Mukwonago a method for the immediate notification of Village of Mukwonago officials in the event of an emergency.
5.
In the event the individual and/or facility causes the release of any contaminants which endanger either Well No. 5 or 6, the activity causing said release shall immediately cease and a cleanup satisfactory to the Village of Mukwonago shall occur.
6.
The individual/facility shall be responsible for all costs of cleanup, Village of Mukwonago consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation.
d.
Enforcement and penalties.
1.
It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this ordinance. In case of any violation, the Village of Mukwonago Village Board may institute appropriate action or proceedings to enjoin a violation of this ordinance.
2.
Any person, firm or corporation who fails to comply with the provisions of this ordinance shall, upon conviction thereof, forfeit not less than $100.00, nor more than $500.00 plus the costs of prosecution of reach violation, and in default of payment of such forfeiture and costs shall have such costs added to their real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.
(Ord. No. 572, § I(9.0212), 2-6-96; Ord. No. 691, § I, 5-7-02; Ord. No. 700, §§ II, III, 1-21-03; Ord. No. 772, §§ I, II, 11-15-05; Ord. No. 786, § II, 1-17-06; Ord. No. 853, § I, 11-15-11; Ord. No. 911, § I, 4-19-16)