The ordinance from which this chapter is derived is adopted under the authority granted by Wis. Stats. §§ 61.35, 62.23(7) and 87.30.

(Ord. of 3-11-1996, § 1.01)

(a)

The purposes of this chapter are as follows:

(1)

To promote the health, safety, morals and general welfare;

(2)

To regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot which may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residence and other purposes;

(3)

For said purposes, to divide the village into districts of such number, shape and area as are deemed best suited to carry out the said purposes;

(4)

To provide a method for its administration and enforcement; and

(5)

To provide penalties for its violation.

(b)

The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the residents of the village.

(Ord. of 3-11-1996, § 1.02)

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easement, covenants or agreements between parties or with any rules, regulations, or permits previously adopted or issued pursuant to laws; provided, however, that where the chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of a building or requires larger open spaces than are required by other rules, regulations or permits or by easement, covenants or agreements, the provisions of this chapter shall govern.

(Ord. of 3-11-1996, § 1.02)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

Alley means a street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.

Bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent to tourists or transients, provides no meals other than breakfast, is the owner's personal residence and is occupied by the owner at the time of rental.

Building, accessory, means a structure used for benefit of main buildings (i.e., garage, tool shed).

Building, principal, means a non-accessory building used for the protection of goods or chattels in which a principal use of the premises on which it is located is conducted.

Conditional use means a use of land which, while appropriate for inclusion within a given district, possesses a potential of creating problems with regard to nearby parcels of land or the occupants thereof, and which are therefore permitted only subject to the fulfillment of conditions which effectively ensure that no such problems will be created. The term "conditional use" is the same as "special permit" as provided for in the state statutes.

Drive-in establishment means a place of business in which patrons can be served while remaining in their automobiles.

Dwelling means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, trailer or trailer coach, hotel or motel.

Feedlot means any of the following facilities, when they are a business and means of livelihood:

(1)

Any tract of land or structure wherein any type of fowl or the byproducts thereof are raised in close quarters for sale at wholesale or retail.

(2)

Any structure, pen or corral wherein cattle, horses, sheep, goats and swine are maintained in close quarters for the express purpose of raising such livestock for sale.

Fixture. A thing is deemed to be affixed to a building when it is attached to it by being imbedded in it, permanently resting upon it, or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws.

Frontage means that boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way. Where a lot abuts more than one street, the zoning committee shall determine the frontage for the purposes of this chapter.

Home occupation means any occupation for gain or support, when such occupation is incidental to the residential use of the premises and does not involve any external alteration that would effect a substantial change in the residential character of the building; provided, further, that no more than one person other than a member of the residential family is employed on the premises and that no more than 25 percent of the floor area of any floor of the residence, excluding accessory buildings, is used for the home occupation.

Human habitation means structures used as human residence or dwelling, including commercial and industrial structures.

Junkyard means a place where waste, discarded or salvaged materials are baled, packed, disassembled or handled for purchase, sale or exchange, including auto wrecking activities, building wrecking activities, used lumber places and places for storage of salvaged building materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in working condition, or salvaged materials incidental and necessary to manufacturing operations.

Manufactured home means one- or two-family home certified and labeled as a manufactured home under 42 USC 5401 to 5426 which, when placed on the site, is set on an enclosed foundation in accordance with Wis. Stats. § 70.043(1), and Wis. Admin. Code ch. SPS 321, subchs. III, IV, and V (Wis. Admin. Code §§ SPS 321.12 et seq., 321.15 et seq., 321.18), or a comparable foundation as approved by the village board, is installed according to manufacturer's instructions, if properly connected to utilities and is a minimum of 16 feet wide. For purpose of zoning code enforcement, manufactured homes shall be allowed as permitted and conditional uses where single-family residences and two-family residences are shown as permitted and conditional uses. All such structures manufactured prior to July 15, 1976, shall be defined as mobile homes.

Mobile home means that which is, or was originally constructed and designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances; except manufactured homes, as defined in this section.

Mobile home lot means a parcel of land subdivided into an individually owned lot and utilized as the site for placement of a single mobile home and its facilities.

Mobile home park means two or more mobile homes and manufactured homes located on a single tract of ownership operated as a single entity as a business investment of the owner. A mobile home park consists entirely of mobile homes and manufactured homes, each located on a site leased to its occupants who own or lease the living unit as their permanent residence.

Modular home means any structure or component thereof which is intended for use as a dwelling and is made or assembled in manufacturing facilities at or away from the building site for installation, connection, or assembly and installation, on the building site and for which certification is sought by the manufacturer. The term "modular home" shall be the same as the term "manufactured building" as per Wis. Stats. § 101.71(6).

Motor home means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.

Nonconforming use means the use or occupancy of a building or premises, which is lawful at the time of the enactment of the ordinance from which this chapter is derived or amendments thereto, or which has been established by approved variance of this chapter, but which use or occupancy does not conform to the provisions of this chapter or any amendments thereto.

Non-metallic mining means operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates such as stone, sand and gravel, and non-metallic minerals such as asbestos, beryl, clay, feldspar, peat and talc, related operations or activities such as excavation, grading or dredging if the purpose of those operations or activities is the extraction of mineral aggregates and non-metallic minerals and related processes such as crushing, screening, scalping, de-watering and blending.

Permanent building equipment means and includes any and all provisions in buildings for water, sewer, light, heat, power or ventilation services that are permanently attached and thus made permanent by means of cement, plaster, nails, bolts, or screws.

Sign means any permanent outdoor advertising sign, display, device, notice, figure, painting, drawing, message, placard, poster, billboard or other things, which is designated, intended or used to advertise or inform, and which any part of the advertising or informative contents of which is visible from any place on the main-travelled way of any portion of a public roadway. Such definition does not include family name plaques or family farm signs with a total single side area of 32 square feet or less.

Surety means a person who is a guarantor of an obligation by written agreement.

Truck garden means a garden where vegetables are grown to be marketed at a separate location.

Variance means a departure from the terms of this chapter where it is shown that unique physical circumstances applying to a land parcel causes a hardship to the owner and that the condition permitted by the departure still will be in fundamental harmony with surrounding uses and the intent and purpose of this chapter.

Vehicle means any device for carrying or conveying persons or objects. The term "vehicle" includes automobiles, trucks, motorcycles, all-terrain vehicles, snowmobiles, bicycles, trailers and other similar types of vehicles.

Zoning committee means a group of five residents of the village, appointed by the village board, to act in an advisory capacity in making recommendations to the village board regarding the boundaries of zoning districts and appropriate regulations and restrictions to be imposed within those districts.

(Ord. of 3-11-1996, § 2)

Except as otherwise provided:

(1)

The use and height of buildings hereafter erected, converted, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such land or building is located.

(2)

Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there be more than one main residential building on one lot.

(3)

No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of housing units be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located (see article IV of this chapter).

(4)

In any commercial or industrial district, wherever a lot abuts upon a public or private right-of-way, sufficient space for the loading or unloading of vehicles shall be provided on the lot in connection with any commercial or industrial use so that the right-of-way shall at all times be free and unobstructed to the passage of traffic.

(5)

All theaters, arenas, auditoriums, churches or other places of public gathering hereafter erected shall provide parking space of sufficient size to accommodate at least one car for every five seats provided.

(6)

When a new development, consisting of a group of three or more buildings, is proposed to be constructed on a site not subdivided into customary lots and streets, or where an existing lot and street layout make it impractical to apply the requirements of this chapter to the individual building units, the village board may approve a development plan provided it complies with the regulations of this chapter as applied to the whole plat.

(7)

No travel trailer or mobile home shall be located and occupied as a residence within the village except as provided in article V of this chapter, and after the date of the adoption of the ordinance from which this chapter is derived, except for the purpose of using such unit while a permanent dwelling is being constructed, not to exceed a period of two years for such purpose. Whenever such mobile home or house trailer is located within the village for such a purpose, a permit for such use must first be obtained from the zoning administrator and the required fee shall be paid in an amount as established by the village board from time to time. An unoccupied recreational mobile home, motor home, tent trailer or camper may be stored by the owner on such owner's premises.

(Ord. of 3-11-1996, § 3.01)

(a)

If no structural alterations are made, a nonconforming use of a building or premises may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use.

(b)

If a nonconforming use of a building or premises is discontinued for a period of 12 months, any future use of the building or premises shall conform to the regulation for the district in which it is located.

(c)

When a building containing a nonconforming use is damaged by fire, explosion, act of God or the public enemy to the extent of more than 50 percent of its current local assessed value, it shall not be restored except in conformity with the regulations of the district in which it is located. The total structural repairs of alterations in any nonconforming use shall not, during its life, exceed 50 percent of the local assessed value of the building at the time of its becoming a nonconforming use unless permanently changed to a conforming use.

(d)

Nothing herein contained shall require any change in the 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 the ordinance from which this chapter is derived, or any amendments, and the construction of which shall have been started within 12 months from the date of such permit.

(Ord. of 3-11-1996, § 3.02)

(a)

Unless otherwise specified, the parking requirements in table 16-7 set forth in subsection (c) of this section must be provided for in the listed uses.

(b)

Uses not listed. In the case of structures or uses not mentioned in the parking schedule, the provisions for a use which is similar shall apply.

(c)

In cases where more than one use is present on a single site, parking shall be provided so as to equal the total number of stalls required for each individual use.

Table 16-7. Parking Schedule

(Ord. of 3-11-1996, § 3.03)

(a)

No person shall cause, allow or permit any person to conduct any agricultural, commercial or industrial uses, activities, or operations in the village without taking proper and reasonable precautions and methods to prevent or limit any nauseous odors or smells from being allowed to emanate from any building, structures, equipment, facilities, or fields in the village and to take all proper and reasonable precautions and methods to prevent or limit nauseous or smelly substances or matters from being allowed, after written notice by the village board, to remain beyond 30 days at or in any buildings, structures, equipment, facilities, or fields in the village. The following exceptions will apply:

(1)

Animal manure land spread in the village pursuant to rules of the state department of natural resources.

(2)

Animal manure stored in any manure storage facility located on the land where the manure was originally generated and collected in the village, provided the facility was built to meet or exceed USDA Soil Conservation Service standards and specifications.

(3)

Proper handling practices for materials necessary in the course of doing business as per Wisconsin Administrative Code and OSHA standards.

(b)

The village board shall develop its ordinances, plans and zoning and shall enforce its ordinances and zoning related to agricultural uses and agricultural practices that are consistent with the purpose and intent of Wis. Stats. § 823.08, commonly known as the Right to Farm Act.

(Ord. of 3-11-1996, § 3.04)

The erection and use of freestanding advertising signs unrelated to the use of the premises or parcel are prohibited in all districts except the C-1 General Commercial District, wherein such signs shall be a conditional use. The use of freestanding advertising signs related to the use of the premises shall be a conditional use in all districts, except as specifically provided or limited herein.

(Ord. of 3-11-1996, § 3.05)

Any utility poles, cables, lines, pipes or other equipment lying within 41¼ feet of the center of any highway, whether above ground or underground, shall be located at the expense of the utility owning the same. In the event that any such poles, cables, lines, pipes or other equipment lying within 41¼ feet of the center of any such highway require relocation because of the improving, repairing or widening of such highway, the cost of such relocation shall be borne by the utility owning the same.

(Ord. of 3-11-1996, § 15)