All required setbacks shall remain open and unobstructed, except for the following permitted obstructions. In no case, however, shall the identified permitted obstructions be located closer than one foot to a property line, except for fences.

Within the vision triangle, defined as the triangular area defined by two thirty-foot legs extending from two intersecting streets or an intersecting street and alley or driveway, the following clearances shall be observed:

In general. The building height limitations established in each separate zoning district shall apply to all buildings and structures, with the exception of the following:

Measurement. Building height shall be measured from the average elevation of the finished lot grade at the front of the building to the mid-height of the structure on a flat or shed roof, the deck line of a mansard roof, or the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs.

Limits. No excluded roof equipment or structural element extending beyond the defined height of a building may occupy more than 25% of the roof area.

Churches, schools, and other public and quasi-public buildings may be erected to a height not exceeding 60 feet nor five stories, provided the front, side and rear yards required in the district in which such a building or structure is to be located are each increased at least one foot for each foot of additional height above the height limit otherwise established for the district in which such building or structure is to be located.

In general. All developments shall be located so as to preserve the natural features of the site, to avoid areas of environmental sensitivity, to minimize the creation of impervious surface area, and to minimize negative impacts on the alteration of the natural environment.

Unbuildable area. The following natural features when present within a parcel constitute unbuildable area. No development, grading or filling, alteration of the natural character of the land, or construction of buildings, structures, or parking shall occur within these areas.

Preservation areas. The following areas shall be preserved as undeveloped open space to the extent consistent with the reasonable utilization of land and in accordance with applicable federal, state, or local regulations:

Mitigation. Where preservation is not consistent with the reasonable utilization of land, the Village may require mitigation through replacement of the resource or similar resource on the site, restoration of former natural amenities to the site, or other reasonable measures to protect or enhance the natural features of the land.

Location and height.

Materials and construction.

Setback.

Fencing. All pools, ponds, or spas requiring a permit shall be encompassed by fencing as provided under this subsection. A variance to maximum fence height may be granted under the procedures of § 500-200, Administration and Enforcement. However, under no circumstance may the minimum fence height requirements of this subsection be varied.

No more than one adult establishment shall be located on any one parcel, and such adult establishment shall be a minimum of 1,500 feet from any other adult establishment. Further, no adult establishment shall be permitted within 1,000 feet of the following:

Signs advertising any of the aforementioned adult uses shall be in accordance with Part 500-1800, Regulation of Signs, with the exception, however, that no tower or portable signs or billboards shall be permitted on the premises, and with the further exception that signs will inform only of the establishment name and address and will not depict specified sexual activities and/or specified anatomical areas as defined in the ordinance, and provided further that there shall be no flashing or traveling lights located outside the building. The location and wording of such sign shall be shown on the site plan required by the chapter for the Village of Bellevue and submitted concurrently with the request for conditional use.

Adequate parking shall be provided in a lighted area in accordance with Part 500-1900, Off-Street Parking Regulations. Such parking provisions shall be shown on the site plan required by Village ordinance and submitted concurrently with the request for conditional use.

There shall be no display windows on the premises.

In the case of adult cabarets, the hours of operation shall be limited to the same hours of operations for bars and taverns established by the Village of Bellevue Municipal Code.

Outdoor adult motion picture theaters are prohibited.

Prior to the granting of a conditional use permit, an inventory of the surrounding area and population shall be made by the Village Plan Commission along with a study of the proposed development and plans for the area.

All adult establishments shall be licensed in accordance with the Village ordinance pertaining to the licensing of sexually oriented adult-entertainment establishments.

Dilapidated buildings. No permit shall be granted for the moving of any building from one location to another which, in the judgment of the Zoning Administrator or a designated representative, is so dilapidated and so out of repair as to be unsanitary or unfit for human habitation, occupancy, or use, or is so out of repair that it would be unreasonable to repair the same.

Detrimental buildings. To protect and conserve the value of neighboring property, no permit shall be granted for the moving on or onto a lot in the Village of Bellevue of any building which, in the judgment of the Zoning Administrator or a designated representative, would be detrimental to the character of the intended neighboring property. Such consideration shall be made on the basis of compatibility of external appearance, size, and architectural quality in relation to existing structures.

Allow nonconforming lots to be used for single-family dwellings and accessory structures.

To permit nonconformities to continue until removed or corrected but not to encourage the continuance of the nonconformity.

Change in tenancy, ownership, or management. The tenancy, ownership or management of a nonconforming use may be changed, provided that the nonconforming use is not enlarged or changed to a more intensive use.

Change or substitution of use. A nonconforming use may be changed to a conforming use or the Plan Commission may permit a nonconforming use to be changed to a less intensive nonconforming use. Once the change has been effected, the use shall not revert back to the prior nonconforming use.

Enlargement. A nonconforming use shall not be enlarged, increased, or extended to occupy a greater area of land or structure than was occupied as of the effective date of this chapter.

Relocation. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or structure than was occupied as of the effective date of this chapter.

Discontinuance. A nonconforming use which has been discontinued for a period of 12 months shall not be reestablished, and any future use of the land or primary structure shall conform to the provisions of this chapter.

Damage or destruction. A primary structure containing a nonconforming use which is damaged by fire, explosion, flood, accident, or other causes to the extent of more than 50% of its equalized assessed value shall not be restored or rebuilt except in conformance with the provisions of this chapter. Accessory structures may be restored or rebuilt provided the primary structure containing a nonconforming use is not damage or destroyed as described above and provided the accessory structure meets all aspects of the municipal Code.

Establishment of nonconforming status. The burden of proof that a legally permitted nonconforming use existed at the time of the adoption of this chapter shall be the responsibility of the property owner.

Repairs and maintenance. Repairs and maintenance may be made to a nonconforming structure. Ordinary repairs and maintenance include internal and external painting; decorating; paneling; the replacement of doors, windows, and other nonstructural components; and the maintenance, repair, or replacement of existing private sewage and water supply systems or connections to public utilities. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement and other replacements of or substitutions for machinery or equipment not involving structural alterations to the building or structure.

Additions or expansion. Additions or expansions may be made to a nonconforming structure provided that such additions or expansions do not increase the degree of nonconformity of the structure and only in compliance with the following requirements:

Relocation. A nonconforming structure may be moved in whole or in part to any other location on the same or any other lot, only in compliance with all of the regulations of the district in which it is to be relocated.

Damage or destruction. A nonconforming structure which is damaged by fire, explosion, flood, accident, or other causes to the extent of more than 50% of its equalized assessed value shall not be restored or rebuilt except in conformance with the provisions of this chapter. A structure which is damaged by 50% or less of its equalized assessed value may be repaired or reconstructed and used as before the time of damage, provided that such reconstruction is started within one year from the date of damage and diligently pursued to completion.

The lot has been legally created.

The lot is in separate ownership from abutting lands. If abutting lands are under the same ownership as the nonconforming lot, the contiguous parcels shall be replatted to meet minimum lot area and lot width requirements.

All structures comply with the setback, lot coverage, height, parking, access, and other requirements of the district insofar as practical, subject to the approval of the Zoning Administrator or, if appealed, the Zoning Board of Appeals.

Do not interfere with the orderly and safe movement of pedestrian and vehicular traffic.

Do not interfere with the proper maintenance of parking and yard areas.

Do not cause congestion in the streets or public rights-of-way.

Are conducted within structures safe for public occupancy when structures are used.

All structures, storage, and employee and customer parking associated with the conduct of a temporary outdoor sales operation must be located no closer to any property line than the setbacks listed in Ch. Comm 54 or 62, Wis. Adm. Code, or the applicable zoning district, whichever is greater. Furthermore, all structures, employee and customer parking, and storage shall be arranged so as not to:

In the event the Village Zoning Administrator or his/her designee finds that the layout of the temporary outdoor sale is in violation of one or more of the above, or that the operation poses any other threat to public health or safety, he/she shall order such changes as may be needed to cause the hazard to be eliminated. If the changes ordered are not made by the permittee within the time ordered, the Zoning Administrator or his/her designee may revoke the permit. In no case shall the time granted by the Zoning Administrator or his/her designee to correct violations exceed three days.

The following restrictions shall apply when structures are used in conjunction with a temporary outdoor sale:

A temporary outdoor sale may erect no more than two temporary on premises signs as follows:

A home occupation shall be allowed as a permitted accessory use, provided that all of the following conditions are met:

A conditional use permit may be submitted for a home occupation located within the R-1 - Single Family, R-2 - Two Family and RR - Rural Residential Districts in order to modify the restrictions, as established above.