"Exhibit A" Chapter 36 - Town Zoning Town Zoning Article Pages 1. General Provisions 1 ─ 4 2. Interpretation, Construction and Definitions 5 ─ 8 3. Administrative Bodies 9 ─ 14 4. General Procedural Requirements 15 ─ 24 5. Specific Procedural Requirements 25 ─ 90 6. Zoning Districts and Land Use 91 ─ 120 7. Overlay Districts 121 ─ 122 8. Alternative Development Options 123 ─ 136 9. Parking and Loading 137 ─ 140 10. Landscaping and Bufferyards 141 ─ 150 11. Nonconformities 151 ─ 154 12. Enforcement 155 Appendix A. Land Use Matrix B. Land Use Summary C. Dimensional Standards for Lots D. Dimensional Standards in Planned Development Districts E. General Definitions F. Map Requirements Town of Mukwonago Town Zoning ARTICLE 1 GENERAL PROVISIONS Sec. 36-1 Name This chapter shall be known as “Town Zoning” and may be referred to herein as “this code” or "this chapter." Sec. 36-2 Authority This chapter is adopted under the authority granted under ss. 60.62, 61.35, and 62.23, Wis. Stats. Sec. 36-3 Jurisdiction This chapter shall only apply to that land lying within the Town of Mukwonago, Waukesha County, the boundary of which may change over time through annexations and detachments, to the extent the land is not governed by provisions of Waukesha County's shoreland jurisdiction.1 Sec. 36-4 Legislative findings (a) General findings. The town board makes the following legislative findings: (1) The town board of the Town of Mukwonago adopted a comprehensive plan on November 19, 2008 pursuant to s. 66.1001, Wis. Stats. (2) This chapter is intended to be consistent with the overall intent of the town’s comprehensive plan, as may be amended. (b) Other findings. Other legislative findings are included in various articles, divisions, and sections of this chapter as may be appropriate. Sec. 36-5 Purpose (a) General purpose. This chapter promotes the public health, safety, and welfare and is intended to: (1) implement the goals, objectives, and policies of the town’s comprehensive plan to the greatest extent practicable; (2) establish clear and consistent standards, regulations, and procedures for the review of proposed development as may be regulated by this chapter; and (3) establish minimum standards for the use or development of land within the town. (b) Specific purposes. Consistent with s. 62.23(7), Wis. Stats., this chapter is also intended to: (1) promote the public health, safety, convenience, and general welfare; (2) encourage planned and orderly land use development; (3) protect property values and the property tax base; (4) permit the careful planning and efficient maintenance of town roads; (5) ensure adequate roadways, utility, health, educational and recreational facilities; (6) recognize the needs of agriculture, forestry, industry and business in future growth; (7) encourage use of land and other natural resources which are in accordance with their character and adaptability; 1 Commentary: An annexation removes land from a town and adds it to a city or village, while a detachment removes land from a city or village and adds it to a town or another city or village. 1 Town of Mukwonago Town Zoning (8) provide adequate light and air, including access to sunlight for solar collectors; (9) conserve soil, water and forest resources; (10) protect the beauty and healthy surroundings for family life; and (11) promote the efficient and economical use of public funds. (c) Other purposes. Other purposes are included in various articles, divisions, and sections as may be appropriate. Sec. 36-6 Re-enactment and repeal This chapter carries forward by re-enactment some of the provisions of the regulations governing zoning and related matters which the Town Board adopted under authority of state law prior to the effective date of this chapter.2 This chapter is not intended to repeal those regulations in their entirety, but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued there under are preserved and may be enforced, unless explicitly surrendered by specific provisions of this chapter. If a provision in the regulations which were in effect on the date this chapter became effective is not specifically carried forward in this chapter, such provision is repealed. As to the effect of this section on existing land uses refer to article 11. Sec. 36-7 Compliance (a) Generally. Except as specifically provided, the provisions of this chapter shall apply to all development within the Town of Mukwonago. No development shall be undertaken without the prior authorizations required by this chapter and other applicable rules and regulations of the Town of Mukwonago. (b) Exception for a previously granted permit or other approval. If a permit or other approval has been previously granted and the authorized work, in whole or in part, is no longer allowed under the current zoning regulations, the holder of the permit is authorized to establish the use or undertake the authorized work within one year of the date of the approval. If the action, as authorized by the permit or other approval, does not commence within that time period and continue in good faith to completion, such permit shall lapse and be null and void. (c) Exception for the establishment of a use, structure, or building not requiring authorization. If prior to the adoption of this chapter, or amendment thereto, a lawful land use, structure, or building is actively being established that did not require a permit or other approval under the zoning regulations in effect at that time, said work may continue to completion even when such land use, structure, or building (1) now requires a permit or other authorization under this chapter, (2) is being developed contrary to this chapter, or (3) is otherwise prohibited under this chapter. Sec. 36-8 Liability The Town of Mukwonago and its officials, agencies, employees, agents, and assigns shall not be liable for any flood damage, sanitation problems, structural damage, or other damages or loss of property value that may occur as a result of reliance upon and conformance with this chapter. Sec. 36-9 Severability (a) If any section, clause, provision, or portion of this chapter is determined to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected by such ruling. 2 Commentary: The Town adopted its first zoning regulations on April 16, 1953. 2 Town of Mukwonago Town Zoning (b) If any application of this chapter to a particular structure or parcel is determined to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such ruling shall not apply to any other structure or parcel not specifically included in the ruling. Sec. 36-10 Relationship of this chapter to other regulations In addition to meeting the requirements contained in this chapter, development shall comply with all applicable regulations of Waukesha County and federal and state agencies. In all cases, the strictest of the applicable provisions shall apply. Regulations adopted by Waukesha County that may apply include the following: (1) Nonmetallic Mining Reclamation Ordinance (2) Waukesha County Animal Waste Management Ordinance (3) Stormwater Management Sec. 36-11 Relationship of this chapter to private agreements This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any easement, covenant, deed restriction, or other private agreement governing land development. However, when this chapter imposes a greater restriction than the aforementioned, the provisions of this chapter shall apply. Sec. 36-12 Additional local regulations In addition to meeting the regulations contained in this chapter, development shall comply with all applicable regulations in the municipal code of the Town of Mukwonago, including the following and any amendments thereto: (1) Chapter 6 Alcohol Beverages (2) Chapter 14 Buildings and Building Regulations (3) Chapter 18 Businesses (4) Chapter 32 Signs (5) Chapter 34 Land Division and Development Control In all cases, the strictest of the applicable provisions shall apply. Sec. 36-13 No defense to nuisance action Compliance with the standards and requirements in this chapter shall not constitute an absolute defense to an action to abate a public or private nuisance. Sec. 36-14 Applicability to public entities This chapter shall apply to all publicly-owned land to the fullest extent allowed by state and federal law. When a public entity undertakes any development that is exempted by state or federal law from this chapter, in whole or in part, it is strongly encouraged to meet the provisions of this chapter. Sec. 36-15 Applicability to projects under the purview of the Public Service Commission This chapter shall apply to projects under the purview of the Wisconsin Public Service Commission (PSC) to the fullest extent allowed by state law.3 The Plan Commission or the Town Board, or both, may submit a written request to the PSC outlining those standards and/or requirements of this chapter that the PSC should impose as conditions of project approval, if approval is to be granted. 3 Commentary: See s. 196.491(3)(i), Wis. Stats., and also American Transmission Co., LLC v. Dane County, 2009 WI App. 126 3 Town of Mukwonago Town Zoning Sec. 36-16 Website The town may create and maintain a website to share the key aspects of this chapter, including the zoning map, in an interactive platform. If there is any discrepancy between such website and this chapter, this chapter controls. Secs. 36-17 to 36-30 Reserved 4 Town of Mukwonago Town Zoning ARTICLE 2 INTERPRETATION, CONSTRUCTION AND DEFINITIONS Sec. 36-31 General rules (a) Generally. In the interpretation and application of this chapter, all provisions shall be liberally construed in favor of the town so the true intent and meaning of this chapter is carried out as set forth in s.