Belleville Village City Zoning Code

Storage sheds;

Hoop houses;

Cold frames.

Shall not cover more than ten (10) percent of the total area of the property;

Shall be screened from view from adjacent property and the public right-of-way;

Shall be managed to prevent the harborage of rodents and pests;

Shall be maintained to prevent odors; and

Shall be located to prevent leachate from flowing onto adjacent property or into natural or human-made storm channels.

Front and corner yards: One hundred (100) feet;

Side and rear yards: Fifty (50) feet from nonresidential property lines and one hundred (100) feet from residential property lines.

Be setback a minimum of twenty-five (25) feet from the street right-of-way; and

Be recessed from the primary front façade (excluding porches) of the duplex/townhome a minimum of one (1) foot.

Be setback a minimum of twenty-five (25) feet from the street right-of-way; and

Be recessed from the primary front façade (excluding porches) of the single family detached home a minimum of one (1) foot.

Adult uses require special supervision from the Village's law enforcement and public safety agencies to protect and preserve the public health, safety, morals, and welfare of the patrons and employees of businesses as well as the Village's citizens;

Adult uses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature;

Sexually transmitted diseases are a legitimate health concern for the Village that demands reasonable regulation of adult uses by the Village in accordance with this chapter;

This chapter's regulations are a legitimate and reasonable means of accountability to ensure that operators of adult uses comply with reasonable regulations and to ensure that operators do not allow their establishments to be used as places of illegal sexual activity or solicitation;

There is convincing documented evidence that adult uses, because of their outward appearance and very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly during the overnight hours, and reduce property values;

The Village Board desires to minimize and control these adverse effects by regulating adult uses in accordance with this chapter;

By minimizing and controlling these adverse effects, the Village Board seeks to protect the health, safety, and welfare of the citizenry; protect citizens from increased crime; preserve quality of life; preserve property values and the character of the Village's neighborhoods; and deter the spread of urban blight;

The Village Board does not enact this chapter to suppress or authorize the suppression of any speech activities protected by the First Amendment; rather, this chapter establishes content-neutral regulations that address the secondary effects of adult uses;

The Village Board does not enact this chapter to restrict, deny, or authorize the restriction or denial of access by adults to sexually oriented materials protected by the First Amendment, or to deny, or authorize denial of, access by the distributors and exhibitors of adult entertainment and adult materials to their intended market;

Evidence concerning adult uses' adverse secondary effects on communities is readily available in many court decisions, including, but not limited to: Township of Littleton, Colorado v. Z.J. Gifts D-4, LLC, 541 U.S. 774 (2004); City of Los Angeles v. Almaeda Books, Inc., 535 U.S. 425 (2002); Township of Erie v. Pap's A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Township of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); Illinois One News, Inc. v. City of Marwill, 477 F.3d 461 (7th Cir. 2007); Andy's Restaurant & Lounge, Inc. v. City of Gary, 466 F.3d 550 (7th Cir. 2006); Joelner v. City of Washington Park, 378 F.3d 613 (7th Cir. 2004); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Pleasureland Museum, Inc. v. Beutter, 288 F.3d 988 (7th Cir. 2002); Shultz v. City of Cumberland, 288 F.3d 831 (7th Cir. 2000); Genusa v. City of Peoria, 619 F.2d 1203 (7th Cir. 1980); Excalibur Group, Inc. v. City of Minneapolis, 116 F.3d 1216 (8th Cir. 1997); and XLP Corporation v. County of Lake, 359 Ill. App. 3d 239 (2d Dist. 2005) (collectively, the "Cases");

Many cities and other units of government throughout the country have studied and found significant adverse secondary effects associated with adult uses, including, but not limited to: Phoenix, Arizona (1984); Minneapolis, Minnesota (1980); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Whittier, California (1978); St. Croix County, Wisconsin (1993); Bellevue, Washington (1998); Beaumont, Texas (1982); and Des Moines, Iowa (1984) (collectively, the "Studies");

The United States Congress has heard testimony detailing the negative secondary effects associated with adult uses on numerous occasions, including 136 Cong. Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636; 134 Cong. Rec. E. 3750 (collectively, the "Testimony"); and

Based on secondary effects discussed and found to exist in the Cases, Studies, and Testimony, as well as all evidence presented and matters discussed during all public hearings and meetings conducted by the Village, and all other relevant information, including the Village Board’s own knowledge and experience, the Village Board finds that:

Adult uses will only be permitted in the I-2 Urban Industrial District.

No adult use may be located within one thousand (1,000) feet of any existing school, religious institution, day care center, public park, residentially zoned property, agriculturally zoned property, or other adult use.

No adult use may have more than one (1) outdoor sign.

No adult use may have an outdoor sign exceeding ten (10) feet in length or three (3) feet in width.

No adult use may display the stock in trade of adult entertainment establishments to the public from view outside the establishment, including graphics, decorations, or displays.

No adult use may paint the exterior of the premises any other color than a single neutral, earth tone color.

No person or entity may hold a liquor license for the property operating as an adult use, or sell, serve, or allow the consumption of alcoholic liquor on the property.

No adult use offering live performance of adult entertainment will allow exposed or uncovered specified anatomical areas.

No adult use will permit persons under the age of eighteen (18) on the property subject to adult use, and all adult uses will post a notice at the door that entry by persons under the age of eighteen (18) is prohibited.

All adult uses will maintain a buffer measuring at least six (6) feet wide between all patrons and any individual conducting live performance of adult entertainment.

No adult use will allow or permit the occurrence of any specified sexual activities or permit the occurrence of any act constituting the offense of obscenity under Wisconsin law on property subject to adult use.

No adult use will allow, permit, or authorize physical contact between any adult use personnel and any patron.

Adult entertainment employees may not receive tips from patrons except as follows:

An adult use that desires to provide tips from its patrons for adult entertainment employees will establish one (1) or more boxes or other containers to receive tips.

All tips for adult entertainment employees must be placed by the patron into the tip box.

An adult use that provides tip boxes for adult entertainment employees must post one (1) or more signs to be conspicuously visible to the patrons on the premises in letters at least one (1) inch high to read as follows: "All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the patron and the entertainer is strictly prohibited."

No adult use offering adult entertainment on the premises may open before 11:30 a.m. or close after 1:00 a.m., except that cleaning and maintenance activities necessary for the property's operation may occur before or after the hours specified in this subsection.

No adult use offering adult entertainment on the premises will open or operate on Sunday, on any federal holiday, or on any state holiday.

No animals, excluding animals trained and used to assist a person with a disability, are permitted at any time on property subject to an adult use, and any animal assisting a person with a disability must remain with that person at all times.

No adult entertainment will occur in any restroom located on a property subject to an adult use.

Patrons will not enter any non-public portions of a property subject to an adult use, including, without limitation, any storage areas, dressing rooms, or other rooms provided for the primary benefit and use of adult use personnel.

No adult use will utilize loudspeakers or other sound equipment that is audible outside of the structure in which the adult use is conducted.

Each adult use will have at least one (1) manager's station allowing direct, unobstructed, and uninterrupted view from the manager's station to every part of the premises accessible to patrons, excluding restrooms.

All adult uses will comply with all provisions of this Code and all federal, state, and local laws, rules, and regulations, as amended.

Upon the Village's request, permittee will allow the Village to inspect the adult use's books, records, and payroll information to allow the Village to verify compliance with this Code, state law, and federal law, as amended.

Every act or omission constituting a violation of this Code by any adult use, adult use personnel, or patron will be deemed to be an act or omission by the adult use operator, and the adult use operator will be punished in accordance with the provisions of this subsection.

Nothing in this section will prohibit the Village or any person or entity from pursuing any claims at law or in equity, against any person or entity that violates this section or any other Village ordinance, rule, or regulation.

Any adult use established, operated, or maintained in violation of any of the provisions or requirements of this Code will be, and the same is, declared to be unlawful and a public nuisance. The Village may, in addition to or in lieu of any other remedies set forth in this subsection, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and may take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating, or maintaining an adult use contrary to the provisions of this Code.

New mobile service support structure and mobile service facilities is a conditional use in the Village obtainable with this permit.

A conditional use permit application must be completed by both the applicant and property owner and submitted to the Village. The application must contain the following information:

A permit application will be provided by the Village upon request to any applicant.

If an applicant submits an application for a permit to site and construct a new mobile service support structure and facilities and the application contains all of the information required under Section 16.050(2)(a)2a through i, the Village shall consider the application complete. If the Village finds the application incomplete, the Village shall notify the applicant, in writing, within ten (10) business days of receiving the application that the application is incomplete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is properly completed in accordance with this section.

Within ninety (90) days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the ninety (90)-day period:

The Village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Section 16.050(2)(a)2e.

If an applicant provides the Village with an engineering certification showing that the new mobile service support structure is designed to collapse within a smaller area than the setback or fall zone required in this section, then the Village may not disapprove the application based on a violation of the setback or fall zone required in this section unless the Village provides the applicant with substantial evidence contained in the public record that the engineering certification is flawed.

The fee for the permit shall be set in the Village 's Fee Schedule, as amended.

To ensure compliance with this section, including, but not limited to, the requirements set forth in Section 16.052, the applicant shall provide a letter of credit or surety bond in an amount to be determined when the application is filed, but which amount shall not exceed twenty thousand dollars ($20,000.00).

The mobile service support structure shall be placed on property in a location ensuring its fall zone is completely within the property's boundaries.

The support structure must be located to minimize its visual impact. The support structure should be less visually obtrusive by use of screening, coloring, stealth design, or other visual mitigation options. An applicant for a new mobile services support structure or a Class 1 collocation will use its best efforts to comply, to the extent feasible, with the aesthetic standards described in Section 16.050(2)(a)2e, but such standards will not be the sole basis for the Village to deny an application for a new mobile services support structure or a Class 1 collocation. A Class 1 collocation that meets all the aesthetic standards described in Section 16.050(2)(a)2e will be treated as a Class 2 collocation.

The applicant shall present evidence of how it will comply with all federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health and radio frequency emissions) in connection with the use of the permit granted hereunder and the operation, maintenance, construction and/or installation of the mobile service support structure and facilities. The applicant's construction plan shall be approved by the Village Zoning Administrator and Building Inspector to ensure compliance.

The applicant shall, at all times, maintain and repair the mobile service support structure and facilities in a clean, safe and workmanlike condition.

If the applicant ceases using the mobile service support structure and facilities, the applicant shall remove the mobile service support structure and facilities within thirty (30) days of the date upon which its use ceases at a cost to the applicant.

The equipment compound must have sufficient area to accommodate equipment sheds or cabinets of each carrier operating on a property. Outdoor storage of equipment or other items is prohibited.

Applicant shall comply with Section 16.125, standards and procedures applicable to all conditional uses and shall submit answers to the Zoning Administrator's findings per Section 16.125(4).

Application process.

The applicant shall comply with all Federal, State, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health and radio frequency emissions) in connection with the use of the permit granted hereunder and the operation, maintenance, construction and/or installation of the mobile service facilities on the existing structure or existing mobile service support structure. The applicant's construction and design plan shall be approved by the Village Zoning Administrator and Building Inspector to ensure compliance.

The applicant shall maintain and repair the mobile service facilities in a safe and workmanlike condition.

If the applicant ceases using the mobile service support facilities, the applicant shall remove the mobile service support facilities within thirty (30) days of the date upon which its use ceases at a cost to the applicant. Such removal shall be done in a workmanlike and careful manner.

Definitions. All definitions contained in Section 66.0414(1), Wis. Stats. and as may be amended in the future, are hereby incorporated by reference and apply to Section 16.049.

Permitted by right or conditional use. A Village zoning permit is required for a small wireless facility. Small wireless facilities shall be classified as permitted uses, and not require the issuance of the Village zoning permit, if they are collocated outside a right-of-way on property which is not zoned exclusively for single-family residential use. A small wireless facility collocated outside the right-of-way on property which is zoned exclusively for single-family residential use shall be considered a Class 2 collocation and, except to the extent described in Section 16.050(2)(a)2c, shall comply with the provisions of Section 16.050(2)(a)2b.

Small wireless facilities shall comply with the aesthetic standards described in this section to the extent they are technically feasible.

If the applicant ceases using the small wireless facilities, the applicant shall remove the small wireless facilities within thirty (30) days of the date upon which its use ceases at a cost to the applicant. Such removal shall be done in a workmanlike and careful manner.

In a historic or underground district any collocation on or replacement of an existing structure shall reasonably conform to the design aesthetics of the original structure. In this subsection, a historic district is an area designated as historic by the Village, listed on the national register of historic places in Wisconsin, or listed on the state register of historic places. An underground district is an area designated by the Village in which all pipes, pipelines, ducts, wires, lines, conduits, or other equipment, which are used for the transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, or telecommunications equipment, are located underground.

Mobile service support structures shall be of a monopole design unless the Village Board determines that an alternate design would better blend into the surrounding environment.

Mobile service support structures and facilities shall be designed to blend into the surrounding environment as closely as possible through the use of color, camouflaging and/or stealth architectural treatment, where possible. A mobile service support structure shall be painted a single, neutral color. Mobile service facilities shall be well maintained at all times.

Mobile service support structures and facilities shall not be illuminated by artificial means and shall not display lights unless such lights are specifically required by a Federal or State authority. Lights are permitted to be operated during on-going maintenance activities.

Site location and development shall preserve the existing character of the building or property as much as possible. Existing vegetation must be preserved or improved, and disturbance of the existing topography of the site must be minimized.

Mobile services facilities erected on property where there are structures composed of masonry materials and having gabled or other peaked-roof type features are required to enclose ground-mounted facilities and equipment within a structure using the same building materials unless the Village Board determines that an alternate design would better blend into the surrounding environment. All other facilities shall be enclosed within a solid six (6)-foot high wooden board-on-board style fence. To the extent the feasible, equipment enclosures should be sized to accommodate co-location of additional facilities.

Landscaping screening a minimum of six (6)-foot in height at installation should be installed and maintained so as to screen any proposed ground-mounted structure or transmission equipment and to discourage vandalism.

If located entirely within the required rear yard the accessory building must be located a minimum of five (5) feet from side and rear property lines;

If located entirely within the buildable area of the lot the accessory building must not be located between the primary building and the front property line;

If located partially in the required rear yard and partially in the buildable area of the lot the accessory building must maintain the required side yard setback for the full length of the property and be a minimum of five (5) feet from the rear property line; or

As permitted in Section 16.033.

If located entirely within the required rear yard the accessory building must be located a minimum of five (5) feet from side and rear property lines,

If located entirely within the buildable area of the lot the accessory building must not be located between the primary building and the front property line,

If located partially in the required rear yard and partially in the buildable area of the lot the accessory building must maintain the required side yard setback for the full length of the property and be a minimum of five (5) feet from the rear property line, or

As permitted in Section 16.033.

Chickens shall be provided a covered roosting area (a chicken coop) and an enclosed area in which chickens are allowed to walk and run (a chicken run).

Chickens shall be kept in the chicken coop of the chicken run at all times on the property.

The chicken run area shall include an area fenced with materials to sufficiently contain chickens. A building permit shall be required for permanent fencing.

The chicken coop and chicken run shall be designed and maintained to be well-drained on the owner's property. There shall be no standing water.

The chicken coop and chicken run shall be kept clean, dry, and free of offensive odors pursuant to the Village Ordinance. The owner shall prevent accumulation of chicken waste in the chicken coop and chicken run by properly disposing of fecal mater on a regular basis.

The chicken coop shall not exceed fifteen (15) feet in height and shall be either placed on a paved surface or raised off the ground at least one (1) foot.

The chicken coop shall be located only in rear yards and shall be setback a minimum of fifteen (15) feet from all property lines.

For properties that have frontage on more than one (1) road or street, the rear lot line shall be opposite lot line along which the lot takes access to a street. The chicken coop shall be setback a minimum of fifteen (15) feet from all property lines and twenty-five (25) feet from streets.

One (1) lane: twelve (12) feet,

Two (2) or more lanes: ten (10) feet per lane.

Drive aisles of drive throughs must be effectively screened from view along the public right-of-way and at the edges of sites adjacent to residential properties to minimize the impact of exterior site lighting, headlight glare, and any menu intercom displays.

Screening must be approved during the conditional use permitting process.

Screening shall be a minimum of six (6) feet in width and must consist of:

A solid wall constructed from materials identical to those used on the exterior of the primary building and not less than six (6) feet and not more than eight (8) feet in height shall be erected to screen those portions of permanent outdoor activity and operations areas visible from an existing or proposed arterial roadway or a property zoned R-1, R-2, R-3, R-4 or C-2.

A landscape strip, not less than five (5) feet wide shall be located in front of the wall. A minimum of four (4) canopy or evergreen trees shall be planted and evenly spaced per every one hundred (100) lineal feet. A minimum of ten (10) shrubs shall be planted and evenly spaced per every one hundred (100) lineal feet. All landscape maintenance requirements of Section 16.065 shall apply.

A solid wall constructed from materials identical to those used on the exterior of the primary building and not less than six (6) feet and not more than eight (8) feet in height shall be erected to screen those portions of permanent outdoor storage areas visible from an existing or proposed arterial roadway, as identified and on file with the Village, or from a property zoned R-1, R-2, R-3, R-4, C-1, C-2, C-3, I-1, or P-I.

A landscape strip, not less than five (5) feet wide shall be located in front of the wall. A minimum of four (4) canopy or evergreen trees shall be planted and evenly spaced per every one hundred (100) lineal feet. A minimum of ten (10) shrubs shall be planted and evenly spaced per every one hundred (100) lineal feet. All landscape maintenance requirements of Section 16.065 shall apply.

Height is measured from the roof surface on which the system is mounted to the highest edge of the system.

Not utilize hoop houses, cold frames, or other structures.

Not have any plant material which exceeds four (4) feet in height within sight lines.

Not include any plant material that could interfere with a public sidewalk.

Be setback a minimum of three (3) feet from all applicable property lines.

Every Beer Garden shall be surrounded by an attractive wall, permanent fence, or barrier. For open decks, a lattice will be required from the deck floor to the railing. For Beer Gardens that utilize an attractive wall or permanent fence to surround the area, a gate(s) or exit(s) shall be a minimum of three (3) feet wide and be the same height as the Beer Garden attractive wall or fence, shall swing to egress, and shall swing free and clear of public sidewalks. Any Beer Garden fence shall comply with all regulations regarding vision clearance along with required distance from corner. The Beer Garden fences shall contain the required fire exit(s) and shall be equipped with a locking system that meets fire codes. The access between the outdoor area and the building shall not be the sole handicapped accessible entrance to the building. The enclosure must also meet applicable facade requirements.

Lighting of the area must be shielded and not be of intensity or brilliance to create glare which is distracting to adjoining property owners or can become a hazard or danger to vehicular traffic.

No open flames may be displayed unless approved by the Belleville Fire District.

No amplified music or amplified entertainment shall be permitted that exceeds those defined in Sections 19.026 and 16.088 of this Code.

One (1) informational sign regarding rules on usage of the area shall be posted on each wall. Signage text must use a minimum of forty-eight (48)-point bold font.

Use of the Beer Garden is prohibited after 12:00 midnight, at which time all access must be secured.

There shall be a licensed operator within the Beer Garden at any time that alcohol is being served in the Garden.

The Beer Garden shall be attached to the main business premises and access to the outdoor premises shall only be allowed through the main building.

All other Village ordinances, including those relating to littering, noise or drinking of intoxicants, where prohibited, shall be observed.

Waste containers must be provided for cigarette buts.

The applicant shall provide the current number of seats authorized in the restaurant facility, the number of seats proposed to be transferred from the restaurant to the sidewalk cafe and the number of new seats proposed to be added for the sidewalk cafe.

Food and alcohol and fermented malt beverages shall only be served or consumed in areas delineated by suitable barricades, i.e., decorative chain and posts that cordon the area off from the remainder of the outside area. Such barriers may be placed to allow the public to enter from the outside as well as from the building of the license holder.

All tables and chairs must be portable, meaning that no such furniture shall be chained together or bolted together as a unit or affixed to the sidewalk or ground surface.

All furniture and fencing must be removed nightly from the permit area.

Alcohol or fermented malt beverages may only be served in the outdoor area by the license holder or an employee holding a valid Village of Belleville operator's license.

Service of food and/or alcohol beverages in all sidewalk cafes shall be limited to persons seated at tables in the sidewalk cafe site. Food service shall be required to be available at all times the sidewalk cafe is open.

No beverages may be served in glassware.

The outdoor area shall be supervised at all times by the license holder or an authorized (operator) licensed employee. The entire outdoor area utilized for service and consumption shall be visible from the establishment.

Any other condition the Village Board deems appropriate, considering the surrounding neighborhood and the nature of the licensed premises.

The public sidewalk utilized for this purpose shall be abutting the license holder's property and said use shall not encroach on the sidewalk of neighboring property. The pedestrian way shall be next to the curb and measured a minimum of five (5) feet in width from the back of the curb.

Tables or barriers may not impede pedestrian traffic or interfere with people exiting parked vehicles.

On the sidewalk area at the foundation of the primary use, limited to the free space, and not including a five (5)-foot wide pedestrian way.

In a portion of the parking lot, which shall not exceed twenty (20) percent of the parking spaces required for the operation of the primary use.