No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this chapter and all other applicable village, county and state regulations. It shall be the responsibility of all persons who make such changes to comply with any and all provisions of this chapter.

(Prior Code, § 24.12.0)

The following use restrictions and regulations shall apply:

(1)

Permitted. Only those principal uses specified for a district, their essential services and the following shall be permitted in that district:

a.

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the village board after the plan commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

(2)

Conditional.

a.

Classes of conditional uses. Conditional uses may be denoted either "regular" or "limited."

b.

General conditional use provisions. Provisions applicable to conditional uses generally are as follows:

1.

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing, and approval by the plan commission in accordance with section 113-95 excepting those existent at time of adoption of this chapter.

2.

Those existing uses which are classified as conditional uses for the district in which they are located at the time of adoption of the ordinance from which this chapter is derived require no action by the plan commission for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.

3.

A proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the plan commission and village board in accordance with section 113-95.

4.

Conditional uses, when replaced by permitted uses, shall terminate. In such cases, the re-establishment of any previous conditional use, or establishment of new conditional uses shall require review, public hearing and approval by the plan commission and village board in accordance with section 113-95.

5.

Provisions in this chapter relating generally to conditional uses shall be deemed to be applicable to both regular and limited conditional uses, except when there are specific provisions relating to either regular or limited conditional uses. In the case of such specific provisions, the specific provisions control.

c.

Specific regular conditional use provisions. Provisions applicable specifically to regular conditional uses are as follows:

1.

Regular conditional uses, either allowed by action of the plan commission or existent at time of adoption of the ordinance from which this chapter is derived, shall be non-lapsing and shall survive vacancies unless otherwise specified in the conditional use permit. Change to conditional use of other than same or similar type shall require procedures and approval in accordance with section 113-95.

2.

See subsection (2)b.2 of this section as to conditional uses in existence at time of adoption of the ordinance from which this chapter is derived being deemed to be the regular conditional uses.

d.

Specific limited conditional use provisions. Provisions applicable specifically to limited conditional uses:

1.

Limited conditional uses authorized by plan commission resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.

2.

Limited conditional uses authorized by the plan commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without commission approval and the procedures required in section 113-95.

3.

Uses not specified. Uses not specified in this chapter which are found by the plan commission to be sufficiently similar to specified permitted or conditional uses for a district shall be allowed by the zoning administrator.

(Prior Code, § 24.12.1)

No land shall be used or structure erected where the land is held unsuitable for such use or structure by the village board and the plan commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The plan commission in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the plan commission may affirm, modify, or withdraw its determination of unsuitability when making its recommendation to the village board.

(Prior Code, § 24.12.2)

All lots shall abut upon a public street or other means of access as may be reviewed by the plan commission and approved by the village board. Each lot shall have a minimum frontage of 25 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(Prior Code, § 24.12.3)

No more than one principal building shall be located, erected or moved on one zoning lot, unless there is prior recommendation of an exception by the plan commission followed by subsequent written approval of said exception by the village board.

(1)

No yard or open space provided around and about any building to comply with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or open space on any adjoining premises shall be considered as providing a yard or open space on a zoning lot whereon a building is to be erected.

(2)

In considering and/or approving an exception to the requirement of one principal structure per zoning lot, the village board may require such surveys, plot and building plans as it deems necessary to ensure compatibility with the master plan, the applicable zoning district and the purposes of this chapter.

(3)

In approving such an exception, the village board may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.

(Prior Code, § 24.12.4)

Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. This does not apply to adjacent residential districts. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.

(Prior Code, § 24.12.5)

Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. When a new building is constructed on vacant land between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building, and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit runoff of surface water to flow onto the adjacent properties.

(Prior Code, § 24.12.6)

The regulations contained herein relating to the size of yards and other open spaces shall be subject to the following exceptions:

(1)

Buildings on through lots and extending from street to street may have waived the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets are complied with.

(2)

Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such at the time of the passage of this chapter, such lot may be occupied by one family.

(3)

Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 24 inches.

(Prior Code, § 24.12.7)

In any residential district, structures may be erected on any legal lot of record prior to the effective date of the ordinance from which this chapter is derived provided that the area, the width and the depth of such existing lot shall be no less than 80 percent of the required minimums set forth in this article. No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(Prior Code, § 24.12.8)

This chapter permits specific uses in specific districts and these performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. No structure, land or water shall hereafter be used except in compliance with the district regulations and with the following environmental performance standards:

(1)

Liquid or solid wastes. No activity shall discharge at any point onto any land or into any water or public sewer any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or offensive elements; can overload the existing municipal utilities; or can injure or damage persons or property.

(Prior Code, § 24.12.9)

Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of the ordinance from which this chapter is derived and upon which actual construction has been diligently carried on.

(Prior Code, § 24.12.10)

No proposed plat of a new subdivision shall hereafter be approved by either the village board or the village plan commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this chapter.

(Prior Code, § 24.12.11)

It shall be unlawful for any person to commence excavation for or construction of any building or structure, or structural changes in any existing building or structure, or new use or change in use of land, water and air without first obtaining a building permit from the building inspector. No permit shall be issued for the construction, alteration or remodeling of any building or structure until the application has been submitted in accordance with the provisions of this chapter, showing that the construction proposed is in compliance with the provisions of this chapter and other regulations of the village. (See, for example, chapter 103 and section 113-92).

(Prior Code, § 24.12.12)

The lawful use of a building or premises existing at the time of the adoption or amendment of a zoning ordinance may be continued although such use does not conform with the provisions of the ordinance. The total structural repairs or alterations in such a nonconforming building shall not during its life exceed 50 percent of the assessed value of the building unless permanently changed to a conforming use. If such nonconforming use is discontinued for a period of 12 months, any future use of the building and premises shall conform to this chapter.

(1)

Definition. In this section, the term "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

(2)

General rule. The continued lawful use of a building, premises, structure, or fixture existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may not be prohibited although the use does not conform with the provisions of this chapter. The nonconforming use may not be extended. The total structural repairs or alterations in such a nonconforming building, premises, structure, or fixture shall not during its life exceed 50 percent of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use. If the nonconforming use is discontinued for a period of 12 months, any future use of the building, premises, structure, or fixture shall conform to this chapter.

(3)

Manufactured home communities. Notwithstanding subsection (2) of this section, a manufactured home community licensed under Wis. Stats. § 101.935 that is a legal nonconforming use continues to be a legal nonconforming use notwithstanding the occurrence of any of the following activities within the community:

a.

Repair or replacement of homes.

b.

Repair or replacement of infrastructure.

(4)

Repair and maintenance of certain nonconforming structures.

a.

In this subsection:

1.

The term "development regulations" means the part of this chapter that applies to elements including setback, height, lot coverage, and side yard.

2.

The term "nonconforming structure" means a dwelling or other building that existed lawfully before the ordinance from which this chapter is derived was adopted or amended, but that does not conform with one or more of the development regulations in this chapter.

b.

Nothing in this chapter prohibits, or limits based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.

(5)

Restoration of certain nonconforming structures.

a.

Restrictions in this chapter that are applicable to damaged or destroyed nonconforming structures do not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to subsection (5)b of this section, location, and use that it had immediately before the damage or destruction occurred, or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:

1.

The nonconforming structure was damaged or destroyed on or after March 2, 2006.

2.

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

b.

Restrictions in this chapter that are applicable to damaged or destroyed nonconforming structures also do not prohibit the size of a structure from being larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

(Prior Code, § 24.14)

State Law reference— Nonconformities, Wis. Stats. §§ 61.35, 62.23(7)(h), (7)(ham), (7)(hb), (7)(hc), (7)(hg).

(a)

Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accordance with the following:

(1)

Architectural projections. Architectural projections such as spires, belfries, parapet walls, cupolas, domes, flues, and chimneys are exempt from the height limitations of this chapter.

(2)

Special structure height limitations. Special structures such as elevator penthouses, gas tanks, grain elevators, scenery lofts, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smoke stacks are exempt from the height limitations of this chapter.

(3)

Essential services height limitations. Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.

(4)

Communications structures height restrictions. Communications structures such as radio and television transmission and relay towers, aerial and observation towers shall not exceed in height three times their distance from the nearest lot line.

(5)

Agricultural structures height restrictions. Agricultural structures such as barns, silos and windmills shall not exceed in height twice their distance from the nearest lot line.

(6)

Public facilities height restrictions. Public or semipublic facilities such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations may be erected to a height of 60 feet, provided all required yards are increased not less than one foot the structure exceeds the district's maximum height requirement.

(b)

Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:

(1)

Uncovered stair restrictions. Uncovered stairs, including disabled access ramps, landings and fire escapes, may project into any yard, but not to exceed six feet from the building and not closer than three feet to any lot line.

(2)

Architectural projection restrictions. Architectural projects such as chimneys, flues, sills, eaves, belt courses and ornaments may project into any required yard, but such projection shall not exceed two feet.

(3)

Cul-de-sac and curve restrictions. Residential lot frontage on cul-de-sacs and curves may be less than 80 feet provided the width at the building setback line is at least 80 feet and the street frontage is no less than 45 feet.

(4)

Essential service exemptions. Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(5)

Street yard restrictions. The required street yards, for all existing lots, may be decreased in any residential or business district to the average of the existing street yards of the abutting structures on each side, but in no case less than 15 feet in any residential district and five feet in any business district.

(c)

Noises exempted. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this chapter.

(Prior Code, § 24.15)

Petitioners shall be responsible for the engineering, attorney, inspection and other review fees associated with their zoning application. The amount of engineering, attorney, inspection and other review fees to be paid by the petitioner shall be determined by the village board from time to time. Failure to pay said fees within 30 days of request for same shall invalidate any permit issued pursuant to this chapter and may result in appropriate legal action against the petitioner for collection of same.

(Prior Code, § 24.16)