Denmark Village City Zoning Code
ARTICLE IV
Specific Provisions
§ 315-80 Zero-lot-line duplexes.
A.
Purpose. There is hereby created a Zero-Lot-Line Duplex Ordinance to regulate side yard setback requirements on building lots zoned to include zero-lot-line duplexes as allowable uses.
B.
Where permitted. Zero-lot-line duplexes shall be permitted only in areas zoned to include their use.
C.
Side yard setbacks.
(1)
General. The following regulations shall apply to all future zero-lot-line duplexes and zero-lot-line duplex lots within the Village of Denmark.
(2)
Lot requirements. The side yard setback of a zero-lot-line duplex may be zero on one side, provided that it meets the minimum requirements of the individual zoning district as established in this chapter and all of the following:
(a)
Zero-lot-line duplex lots shall have a minimum of 45 feet of frontage on a public street and all lots shall have a minimum of 5,000 square feet of area for each dwelling unit.
(b)
The lot adjacent to that side yard is held under the same ownership at the time of initial construction.
(c)
The adjoining side yard setback of the lot adjacent to the zero side yard setback is also zero.
(d)
The opposite side yard is not less than eight feet in Districts R-1 and R-2.
(e)
Easements shall be provided across zero lot lines where necessary for water, sewer and utility services.
(3)
Construction requirements. Lots upon which zero-lot-line duplexes are allowed and the construction of said duplexes shall meet the following requirements:
(a)
The premises must include an enclosed garage for each dwelling unit, either attached or detached, to hold at least one car.
(b)
The exterior materials and roof materials on each unit shall be of the same color and consistency.
(c)
The plans, specifications, and construction of such buildings shall require the installation and construction of separate sewer, water, and other utility services to each dwelling unit.
(4)
Additional requirements.
(a)
Matters of mutual concern to adjacent property owners, due to construction, catastrophe, and/or maintenance, shall be guarded against by private covenants and deed restrictions and the Village of Denmark shall not be held responsible for the same.
(b)
A homeowners' association must be established with bylaws that are recorded with the Brown County Register of Deeds office. A copy of the recorded document is to be filed with the Village Clerk.
§ 315-81 Home occupations.
Home occupations and professional offices, when incidental to the principal residential use, situated in the same building, and carried on by the residential occupant, are subject to the following conditions:
A.
Such uses shall not occupy more than 20% of the assessed floor area of the principal structure in which it is located.
B.
Such use shall not employ more than one person not a resident on the premises.
C.
No such use shall be permitted which normally necessitates the coming of the customer or client to the premises, or customer presence on the premises while the service is being performed, or otherwise generates pedestrian or vehicular traffic incompatible with the rural or residential character of the neighborhood, except for teaching or tutoring academic subjects, or the studios where dancing, music or other art instruction is offered to no more than two pupils at one time.
D.
Any off-street parking area provided shall be maintained reasonably dustless, and adequately screened from adjoining residential properties.
E.
Such use shall not include the conduct of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil, or peat moss for commercial purposes.
F.
There shall be no exterior indication that the dwelling is being used for any other purpose than a dwelling.
G.
Such use shall not include the operation of any machinery, tools or other appliances, or the outside storage of materials, or other operational activity which would create offensive noise, vibration, sound, smoke, dust, odors, heat, glare, X-rays or electrical disturbances to radio or television instruments, or be otherwise incompatible to the surrounding residential area.
H.
A name plate not in excess of one square foot in area shall be permitted.
I.
A home occupation shall not be interpreted to include barber shops, beauty shops, auto repairing, antique shops, restaurants or similar occupations or professions.
§ 315-82 Accessory dwelling units.
A.
General standards.
(1)
Accessory dwelling units (ADU) are accessory to a principal use, which shall be a single-family dwelling.
(2)
ADU located within or attached to a principal structure shall have a separate entrance from the structure dwelling.
(3)
A principal structure shall be present prior to the commencement of construction of an ADU.
(4)
The principal dwelling or the accessory dwelling unit must be owner-occupied, except that a temporary absence of up to six months is allowed.
(5)
No more than one accessory dwelling unit may be located on a lot.
(6)
The number of occupants of the accessory dwelling unit shall not exceed one family or two unrelated individuals.
(7)
The accessory dwelling unit shall not be sold separately from the principal dwelling, unless removed from site upon sale.
B.
Dimensional standards.
(1)
The maximum height of a detached building containing an ADU, including one built above a garage, shall be 25 feet.
(2)
The maximum size of an ADU shall be 75% of the principal structure's floor area, up to a maximum size of 700 square feet.
(3)
The minimum setback requirements shall be those for accessory building or structures of the underlying zoning district.
(4)
ADU entryways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway.
C.
Design standards.
(1)
The appearance or character of the principal structure shall not be significantly altered so that its appearance is no longer that of a single-family dwelling.
(2)
The exterior finish material of an ADU shall be complementary to the exterior finish material of the principal dwelling.
(3)
The roof pitch of an ADU shall complement the predominant roof pitch of the principal dwelling.
(4)
Trim, projecting eaves, and other such architectural accoutrement of an ADU shall compliment those of the principal dwelling.
(5)
Windows of an ADU shall complement the principal dwelling in proportion (relationship of width to height) and orientation (horizontal or vertical).
(6)
ADU shall comply in all respects with the Wisconsin Uniform Development Code[1] and all other applicable building codes and standards.
[1]
Editor's Note: See Ch. 126, Building Construction.
§ 315-83 Live/work unit.
A.
Description. A live/work unit is an owner-occupied mixed-use building compliant with the following:
(1)
All uses.
(a)
A minimum of two means of dedicated egress shall be available for each unit.
(b)
A separate certificate of occupancy is required for each residential and nonresidential use of the structure.
(c)
The certificate of occupancy is nontransferable.
(d)
Owner-occupied. The main-level residential use or the main-level nonresidential use shall be owner-occupied.
(2)
Nonresidential use.
(a)
Only those nonresidential uses listed as a permitted use or conditional use in the B-7 District are permissible.
(b)
A nonresidential use may occupy any level of the structure, however:
[1]
No less than 50% of the main level shall be dedicated to a nonresidential use.
[2]
Such use shall occupy the entirety of the front portion of the structure, but for any entrance exclusive to the residential use. The front portion of the structure shall be that part of the structure abutting the street associated with the primary mailing address of said structure.
[3]
No more than five persons not a member of the owner's immediate family shall be engaged in the nonresidential use.
(3)
Residential use. A residential use may occupy any level of the structure, however:
(a)
No more than 50% of the main level shall be dedicated to a residential use.
(b)
Such use shall not occupy the front portion of the structure, but for any entrance exclusive to the residential use. The front portion of the structure shall be that part of the structure abutting the street associated with the primary mailing address of said structure.
§ 315-84 Fences, walls, hedges, and berms.
For the purposes of this section, the term "fence" applies to fences, wall, hedges, berms, and similar such structures as determined by the Zoning administrator and defined in this chapter.
A.
Location.
(1)
All fences, walls, hedges, berms, or shrubbery must be separated from all lot lines by at least two feet.
(2)
All fences paralleling buildings and other structures must be erected such that there is a minimum of two feet of clearance between the fence and structure.
(3)
The owner shall be responsible for properly locating all property lines before construction of any fence.
(4)
Fences or walls shall comply with the vision corner requirements of this chapter.
B.
Orientation. The finished side of the fence shall be erected to face the adjoining property. The side with protruding studs or posts shall face the building of the lot responsible for the erection of the fence.
C.
Height measurement. Fence height shall be measured from natural or approved grade. In the case of grade separation, such as the division of properties by a retaining wall, fence or hedge height shall be determined based on measurement from the average point between highest and lowest grade. If the fence or hedge is set back from the retaining wall by a distance of at least four feet, the height shall be measured from the base of the fence or hedge. Berms and retaining walls shall not be used to increase grade relative to screening height.
D.
Residential zoning districts.
(1)
Materials and structure.
(a)
Fence material must be either naturally resistant or treated wood board, vinyl, galvanized and/or vinyl-coated chain-link material, wrought iron, brick, natural stone, or masonry.
(b)
Barbed wire, electrical, and single-, double- or triple-strand fences are prohibited.
(c)
No fence shall have sharp or pointed pickets or other elements deemed by the Zoning Administrator to be dangerous to health.
(2)
Height.
(a)
Street yard.
[1]
Screening fence. The maximum height of a screening fence or screening hedge within a required front or street yard setback (both primary and secondary) shall not exceed four feet in height.
[2]
Ornamental fence. The maximum height of an ornamental fence located in a street yard is four feet if the fence is less than 50% opaque, and six feet if the fence is less than 20% opaque.
(b)
Side and rear yards.
[1]
Screening fence. The maximum height of a screening fence or screening hedge within required side yard and rear yard setbacks shall not exceed six feet. Screening fences around swimming pools shall not exceed eight feet.
[2]
Ornamental fence. An ornamental fence may exceed six feet in height but shall not exceed eight feet in height.
(c)
Boundary fence. A screening fence or screening hedge of up to eight feet in height may be placed on a district boundary line between a residential district and a nonresidential district or where adjacent to a public utility or public service use.
(d)
Hedges, shrubbery, trees lines, and other such natural barriers may grow to their natural height.
E.
Nonresidential zoning districts.
(1)
Height.
(a)
Street yard. The maximum height of a screening fence or screening hedge shall not exceed four feet.
(b)
Side and rear yards. The maximum height of a screening fence or screening hedge shall not exceed eight feet.
F.
Exceptions.
(1)
Temporary fencing, including the use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1, protection of excavation and construction sites, and the protection of plants during grading and construction is permitted for a time period consistent with an approved building permit or up to 180 consecutive days per calendar year.
(2)
Protective security and boundary fences on industrial sites, publicly owned lands, utility substations, etc. are excluded from the height provisions of this section, except that where such fences incorporate the use of barbed wire, such barbed wire shall not be less than seven feet above the ground level, and except such fences shall be a minimum of 2/3 open to vision equally distributed throughout the fence length, and maintain allowable height when located within the defined vision corner.
G.
Maintenance. Both the fence and the property surrounding both sides of the fence shall be properly maintained in good repair to structure and appearance at all times.
H.
Permit required. A site plan permit or amendment to an existing site plan permit is required for all fences regulated under this section, except for temporary seasonal fences (e.g., snow fences).
§ 315-85 Artificial bodies of water.
The following regulations shall apply to all zoning districts in the Village:
A.
Exemptions. The following are exempted from the requirements of this section, provided all required permits, as applicable, are obtained from the Zoning Administrator.
(1)
Pools, both public and private.
(2)
Landscape ponds.
(3)
Detention ponds being constructed as part of a Village-approved stormwater management system as long as they are designed and constructed in accordance with the set standards of Brown County, EPA, and DNR.
B.
Districts allowed. Artificial bodies of water are allowable in all zoning districts with an approved site plan permit.
C.
Site plan required. Applications shall include a site plan scaled to at least one inch equaling 200 feet with the following information contained on the site plan:
(1)
A map showing the location of the premises and the adjoining properties within 500 feet.
(2)
Topography of the site at two-foot intervals.
(3)
Any existing or proposed residential lots, buildings, easements, property lines, and setbacks.
(4)
Any existing waterways, floodways, or tile lines.
(5)
A scaled cross-section view of the artificial body of water in a north-south and east-west direction depicting slopes, safety benches, depths, and high- and low-water levels.
(6)
Outflow design with calculations.
(7)
Fencing, if required.
(8)
The source of water supply for residential dwellings (if appropriate) and the method(s) of maintaining low-water levels.
(9)
Proposed truck and machinery access to the site.
(10)
Approximate amount of earth material to be excavated or moved off site.
(11)
Proposed site design depicting two-foot contour intervals.
(12)
Proposed grading and seeding of the site after completion of the excavating. All seeding and grading must be completed within six months after construction.
(13)
Designated hours of operation during construction of pond or artificial lake.
(14)
The type of sanitary facilities to be installed if residential development is to take place.
D.
Design standards.
(1)
All artificial bodies of water shall be designed within the scope of this article. Where no minimum water level is to be maintained, the slope of the bottom may not exceed three feet horizontal to one foot vertical and the depth may not exceed four feet. When the artificial body of water is greater than four feet in depth, a six-foot horizontal bench shall be constructed four feet below the normal high-water level. A slope greater than 3:1 will only be acceptable below the six-foot horizontal bench.
(2)
All artificial bodies of water shall have an outflow to maintain the maximum normal water level. The size of this outflow shall be determined by design and shall be capable of removing one inch of water from the surface of the entire pond every 12 hours. The minimum size of the outflow pipe shall not be less than eight inches in diameter. A ditch or swale may be considered a substitute for a culvert as an outflow. Outflows shall not flow directly onto adjacent parcels of property. Outflow discharge may cross adjacent parcels through a natural existing waterway only, but in no case shall this discharge create a waterway or a nuisance. A safety buffer area with a slope of 3:1 or less shall be established and maintained from the outfall normal high-water level. This area shall be no less than three feet horizontal measured from the water's edge.
(3)
All artificial bodies of water shall have a minimum and maximum water level established and sealed with one of the following procedures:
(a)
Existing clay soils.
(b)
Compacted clay liner.
(c)
Synthetic liner.
(4)
A minimum of one foot of freeboard shall be maintained above the maximum high-water level.
(5)
The minimum side and rear setback shall be 75 feet. Front setbacks and corner side setbacks shall be 75 feet.
(6)
The Village of Denmark may, at its discretion, require fencing. Where such fencing is required, the following criteria shall be used:
(a)
A structural fence no less than four feet in height and no less than four feet from the water's edge at the high-water line shall be provided. It shall be constructed as not to have openings, holes, or gaps larger than four inches in any dimension except for doors or gates. If a picket fence is erected or maintained, the horizontal dimensions shall not exceed four inches. All gates or doors 48 inches or less in width opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use. All gates or doors over 48 inches in width opening through such enclosures shall be kept securely latched at all times when unsupervised.
(b)
Side-load pressure must withstand 200 pounds of lateral pressure.
(7)
The groundwater table in the surrounding area and adjacent to the artificial body of water shall be protected. No residential well water shall be used to fill the artificial body of water.
(8)
Village and state permits shall be required if high-capacity wells are drilled on the site. Location of all wells shall be provided on the site plans. Well logs shall be provided to the Village after completion of the well.
(9)
Temporary fencing shall be provided as soon as slopes of greater than 3:1 are developed during construction and shall be maintained until minimum water level is obtained.
(10)
No screening, sifting, washing, crushing, or other forms of mineral processing shall be conducted upon the premises unless it is located more than 500 feet from a residential dwelling and until completion of the project or three months, whichever is less.
(11)
At all stages of operations, proper drainage shall be provided to prevent the collection or growth of vegetation not depicted on the approved plan (weeds and cattails), stagnation of water, and to prevent harmful effects and odors upon surrounding properties. The artificial body of water shall be maintained at all times in accordance with the approved plan. No deviation shall be created from the approved plan without the written approval from the Village of Denmark.
(12)
The premises shall be excavated and graded in conformity with the plan as approved. Any deviation from the plan shall be cause for the Village to revoke the permit.
(13)
No fixed machinery shall be erected or maintained within 200 feet of any property or street line. Truck access to the excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding property.
(14)
Erosion control measures shall follow the Wisconsin Department of Natural Resources Construction Site Best Management Practices Handbook and Technical Standards.
(15)
The Village of Denmark retains the right to require any other and/or future restrictions as deemed necessary to protect the health, safety, and welfare, and a proper land use fit to the surrounding area.
(16)
The Village of Denmark retains the right to hire an engineer licensed in the State of Wisconsin, at its discretion, to verify any artificial body of water design or calculation. All Village-incurred engineering costs related to the body of water shall be the sole responsibility of the owner.
(17)
Any artificial body of water constructed shall comply with the regulations set forth by all applicable federal, state, county, and local jurisdictions.
(18)
A performance bond may be required to be filed with the Village Board prior to the start of construction. The amount of bond per acre shall be specified by the Village Board of Denmark.
(19)
The Village shall not approve the application for the conditional use permit unless it is assured that the proposed artificial body of water will not adversely affect adjoining properties or the environment and shall not cause future land use conflicts.
E.
Inspections. The owner shall call for the following required inspections 24 hours in advance.
(1)
Site inspection. A site inspection by Village staff shall be made prior to any excavation. Property lines adjacent to the excavation, easements, proposed excavation boundaries, and outflow termination point shall be clearly marked for site approval.
(2)
Excavation inspection. Any excavation inspection shall be made by Village staff after all slopes are established and prior to the excavation filling with water. If the excavation fills with water, the Village reserves the right to require the water removed to perform the required inspections. All costs associated with removing the water shall be the sole responsibility of the owner.
(3)
Final inspection. Final inspection by Village staff shall be made when all fencing is in place (if required) and the pond has reached its minimum water level.
F.
Maintenance.
(1)
The owner of any land on which a artificial body of water shall exist is required to maintain that land and body of water within the limits of this article.
(2)
A maintenance agreement shall be filed with the Village and shall carry with the property.
G.
Permit fees.
(1)
Permit fees shall be established and charged as per the Village fee schedule.
(2)
A construction deposit, performance bond, or irrevocable letter of credit shall be required as per the Village of Denmark Code.
§ 315-86 Recreational vehicles.
Travel trailers, recreational vehicles, camping vehicles, trailered boats, trailered all-terrain/utility terrain vehicles, and similar such vehicles may be parked or stored on any property within the Village only under the following conditions:
A.
In all residential districts, it is permissible to park said vehicles on private property in the following manner:
(1)
Parking is permitted inside any enclosed, lawfully erected structure.
(2)
One such vehicle may be stored on a year-round basis in the rear yard or side yard outside of the required setbacks of the zoning district of the lot.
(3)
All such vehicles with a weight of 3,000 pounds or more shall be parked on a hard-surfaced driveway of asphalt or cement.
B.
Such vehicles parked outside for more than 21 days in a calendar year must be owned by the property owner and must have current licenses, registration, or tags.
C.
Such vehicles shall not be used for living quarters or connected to water or sanitary sewer.
D.
No such vehicle may be parked within the street yard or on any public street for more than 12 consecutive hours.
§ 315-87 Swimming pools, hot tubs, spas, and ponds.
A.
Permit required. A site plan permit shall be issued by the Zoning Administrator prior to commencing the construction and installation of a swimming pool, hot tub, spa, or pond. The construction and installation of a swimming pool, hot tub, spa, or pond shall not commence prior to the issuance of a building permit, if so required by the Building Inspector.
B.
Site plan. An application shall be submitted on a form furnished by the Village and shall include a site plan drawing showing the following information:
(1)
Location of swimming pool, hot tub, spa, or pond on the lot and distance from the principal structure, detached accessory structures, property lines, easements, and fences.
(2)
Location of overhead and/or underground wiring in relation to swimming pool, hot tub, spa or pond.
(3)
Dimensions and depth of swimming pool, hot tub, spa or pond.
(4)
Type, location, and height of fence, if required.
(5)
Type, dimensions, and location of deck, if proposed.
C.
Location.
(1)
Swimming pools, hot tubs, spas, and ponds shall be located in the rear yard and shall be located no less than 10 feet from rear and side yard lot lines. In determining the setback, permanent fencing, decks, or similar surfaces shall be considered part of the swimming pool, hot tub, spa, or pond.
(2)
Swimming pools shall not be located closer than five feet to any structure other than a deck.
(3)
Swimming pools, hot tubs and spas shall not be located in utility or drainage easements and shall not be located in a conservancy.
(4)
Pools, decks, and gazebos detached from the principal structure shall be included in the calculation of accessory structure square footage or as counting toward the 25% of buildable area of a rear yard.
D.
Security.
(1)
In-ground pools. In-ground pools shall be:
(a)
Completely fenced, before filling, by a permanent, sturdy fence, not less than four feet or more than eight feet in height. Access to any such pool shall be through a gate or gates in the fence, equipped with a self-closing, self-latching device placed at a minimum height of three feet above the ground; or
(b)
Include a powered safety cover compliant with ASTM F1346-91.
(2)
Aboveground pools having a height of less than 3 1/2 feet above ground at any portion of the pool sidewall are required to be fenced the same as in-ground pools. When fencing is required, it shall be installed to extend a minimum of four feet beyond any area less than 42 inches high. When the height of a pool sidewall is such that a fence will not be required, all ladders, steps or other means of access to an aboveground pool shall be removed and/or designed to prevent access when the pool is unattended.
(3)
Hot tubs and spas with a lockable safety cover that can be fastened and key locked when unattended and shall be able to withstand 150 pounds.
(4)
Decks. Where decks surround or adjoin an aboveground swimming pool, hot tub, spa, or pond, a three-foot minimum height guardrail mounted to and measured from the deck surface to the top of the guardrail will be considered as meeting the fencing requirements as long as the design and construction regulations of this section are complied with and the overall vertical measurement from grade (ground) level to the top of the guardrail is a minimum height of four feet. Sides of stairs and gates leading to a deck shall also comply with the requirements of this section. Side yard and rear yard setbacks for a detached deck surrounding a swimming pool, hot tub or spa shall be measured 10 feet from the property line.
(5)
Ponds shall be exempt from the fence requirements if an approved wire screen, mesh or grate is placed and maintained three to four inches below the waterline of sufficient strength to withstand a weight of 100 pounds.
E.
Lighting. Lights used to illuminate any residential swimming pool, hot tub, spa or pond shall be so arranged and shaded as to reflect light away from adjoining premises.
F.
Filtration system required. All private swimming pools, other than those specifically exempted above, shall have a filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof. The swimming pool, hot tub, spa or pond shall be kept clean and in sanitary condition at all times.
G.
Drainage. In no case shall any swimming pool, hot tub, spa or pond be drained on to properties other than that of the owner of the swimming pool, hot tub, spa or pond.
H.
Exemptions. Portable pools not to exceed 18 or inches in depth and which are so constructed as to be readily disassembled for storage and reassembled to its original integrity are exempt from permitting and do not need fence protection but must be drained or covered in such manner as to provide public safety when left unattended. All covers are required to meet safety standard ASTM F1346-91.
§ 315-88 Satellite dishes.
A.
Amateur radio structures and towers and mobile towers are specifically excluded from the requirements that follow.
B.
All satellite dishes located in the Village of Denmark shall conform to the following regulations contained herein:
(1)
Satellite dishes no larger than 34 inches in diameter may be located in the street yard. All other satellite dishes shall be located in the side or rear yard only.
(2)
Satellite dishes larger than 34 inches in diameter shall be screened from view from abutting properties and adjoining streets through fencing or vegetation compliant with the applicable requirements of this chapter.
(3)
No more than one satellite dish per dwelling unit is allowable on a lot.
§ 315-89 Amateur radio facilities.
A.
Applicability.
(1)
This section applies to all amateur radio towers installed after the effective date of this chapter.
(2)
Any upgrade, modification, or structural change to an antenna or its support structure constructed prior to the effective date of this chapter that materially alters the size, placement, or appearance of the system shall comply with the provisions of this chapter.
B.
Purpose. The purpose of this section is to recognize and accommodate the federal and state declared interest in promoting and preserving amateur radio operations while protecting the legitimate interests of the general public, including:
(1)
Minimizing the unnecessary detriment to the aesthetic quality of the Village and its landscape.
(2)
Preserving the character of various neighborhoods within the Village.
(3)
Preserving the values of properties within the Village.
(4)
Providing for adequate review of designs and installation of facilities that may pose substantial risk of collapse if improperly designed, installed, or maintained.
(5)
Protecting the owner and operator of an amateur radio antenna and neighboring property owners and the public in general from unreasonable risks of injury or property damage from the collapse of a communications tower or communications antenna or from electrical charges generated or conducted by such facilities.
(6)
Assuring that all amateur radio operators have a reasonable opportunity to construct and maintain the equipment and facilities necessary to effectively participate in amateur radio operations.
C.
Standards. The installation and operation of an amateur radio tower and its antenna and support structure shall be subject to the following standards:
(1)
Compliance. The amateur radio tower and the operation of the amateur radio service using such antenna shall at all times be maintained in compliance with the applicable regulations and permit conditions issued by the Federal Communications Commission.
(2)
Structure.
(a)
The antenna and its support structure are accessory to the principal structure.
(b)
Not more than one support structure for licensed amateur radio operator shall be allowable on the parcel.
(c)
The antenna shall not exceed 70 feet in height above grade measured at the center point of the highest part of the antenna or mast.
(d)
An amateur radio tower and its antenna exceeding 70 feet in height above grade measured at the center point of the highest part of the antenna or mast shall require a conditional use permit.
(3)
Location.
(a)
An amateur radio tower, including its antenna and support structure, that is designed, engineered, and constructed to fall within the boundaries of the parcel upon which it is sited, including those attached to the principal structure, shall comply with the side yard and rear yard setbacks for accessory structures in zoning district within which it is located.
(b)
All other amateur radio towers, including associated antenna and support structures, shall be set back a distance equal to 100% of its total height from:
[1]
Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road.
[2]
Any overhead utility lines, unless written permission is granted by the affected utility.
[3]
Any property lines, unless written permission is granted from the affected landowner or neighbor.
(c)
The amateur radio tower, including its antenna and support structure, shall be located within the rear yard or secondary street yard on a double-frontage lot and shall not be located within any required setback.
(4)
Access.
(a)
All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
(b)
All electrical wires associated with the amateur radio tower and its antenna and support structure shall be located underground.
(c)
Anti-climbing measures shall be incorporated into the amateur radio tower and its antenna and support structure as needed, to reduce potential for trespass and injury.
(5)
Lighting. The amateur radio tower and its antenna and support structure shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(6)
Appearance, color, and finish. The amateur radio tower and its antenna and support structure shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit. The support structure shall comply with the same requirements as accessory structures in the zoning district.
D.
Waiver of standards. If effective communications cannot be obtained when facilities are in compliance with the regulations set forth herein, the Zoning Administrator may permit a waiver from the height and location requirements of this section. The waiver request shall:
(1)
Provide technical evidence in the form of a report from a licensed professional engineer familiar with amateur radio operations, or an extra class licensed amateur radio operator other than the owner, that effective communications cannot be obtained by facilities in compliance with the standards.
(2)
Document the minimum reasonable accommodation, in the form of a waiver from these regulations, required in order to permit effective communications.
§ 315-90 Mobile towers.
A.
Purpose. The purpose of this section is to regulate by mobile service facility permit:
(1)
The siting and construction of any new mobile service support structure and facilities.
(2)
With regard to a class 1 co-location, the substantial modification of an existing support structure and mobile service facilities.
(3)
With regard to a class 2 co-location, co-location on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
B.
Authority. The Village Board has the specific authority under §§ 62.23 and 66.0404, Wis. Stats., to adopt and enforce this section.
C.
Definitions. All definitions contained in § 66.0404(1), Wis. Stats., are hereby incorporated by reference.
D.
Siting and construction of any new mobile service support structure and facilities.
(1)
Application process.
(a)
A mobile service facility permit is required for the siting and construction of any new mobile service support structure and facilities. The siting and construction of any new mobile service support structure and facilities is a permitted use in the Village obtainable with this permit.
(b)
A written permit application must be completed by any applicant and submitted to the Village. The application must contain the following information:
[1]
The name and business address of, and the contact individual for, the applicant.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
[5]
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
[6]
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(c)
A permit application will be provided by the Village upon request to any applicant.
(d)
If an applicant submits to the Village an application for a mobile service facility permit to engage in an activity described in this section, which contains all of the information required under this section, the Village shall consider the application complete. If the Village does not believe that the application is complete, the Village shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. 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 complete.
(e)
Within 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-day period:
[1]
Review the application to determine whether it complies with all applicable aspects of the Village's building code and this section.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(f)
The Village may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described above.
(g)
If an applicant provides the Village with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in this section, the chapter does not apply to such a structure unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.
(2)
The fee for the mobile service facility permit is $3,000, payable upon submittal of a complete application.
E.
Class 1 co-location.
(1)
Application process.
(a)
A mobile service facility permit is required for a Class 1 co-location.
(b)
An application for a mobile service facility permit must be completed by any applicant and submitted to the Village. The application must contain the following information:
[1]
The name and business address of, and the contact individual for, the applicant.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
[5]
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
[6]
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(c)
A permit application will be provided by the Village upon request to any applicant.
(d)
If an applicant submits to the Village an application for a permit to engage in an activity described in this section, which contains all of the information required under this section, the Village shall consider the application complete. If the Village does not believe that the application is complete, the Village shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. 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 complete.
(e)
Within 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-day period:
[1]
Review the application to determine whether it complies with all applicable aspects of the Village's building code and this section.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(f)
The Village may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under in this section.
(g)
If an applicant provides the Village with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in this section, the chapter does not apply to such a structure unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.
(2)
The fee for the mobile service facility permit is $3,000 payable upon submittal of a complete application.
F.
Class 2 co-location.
(1)
Application process.
(a)
A mobile service facility permit is required for a Class 2 co-location. A class 2 co-location is a permitted use in the Village but still requires the issuance of the mobile service facility permit.
(b)
An application must be completed by any applicant and submitted to the Village. The application must contain the following information:
[1]
The name and business address of, and the contact individual for, the applicant.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
(c)
A permit application will be provided by the Village upon request to any applicant.
(d)
A Class 2 co-location is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject as per the Village Code.
(e)
If an applicant submits to the Village an application for a mobile service facility permit to engage in an activity described in this section, which contains all of the information required under this section, the Village shall consider the application complete. If any of the required information is not in the application, the Village shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. 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 complete.
(f)
Within 45 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 forty-five-day period:
[1]
Make a final decision whether to approve or disapprove the application.
[2]
Notify the applicant, in writing, of its final decision.
[3]
If the application is approved, issue the applicant the relevant mobile service facility permit.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(2)
The fee for the mobile service facility permit is $500, payable upon submittal of a complete application.
G.
Penalty provisions. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this section shall, upon conviction, pay a forfeiture of not less than $250 nor more than $500, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this section. In addition, the Village Board may seek injunctive relief from a court of record to enjoin further violations.
§ 315-91 Alternative energy systems.
A.
Small wind energy systems.
(1)
Applicability.
(a)
This section applies to:
[1]
New small wind energy systems as defined in this chapter and Ch. PSC 128, Wis. Adm. Code.
[2]
An expansion of a previously approved wind energy system other than those described in Subsection A(1)(b) below.
(b)
This section does not apply to the following:
[1]
A wind energy system for which construction began before March 1, 2011.
[2]
A wind energy system placed in operation before March 1, 2011.
[3]
A wind energy system approved by the Village before March 1, 2011.
[4]
A wind energy system proposed by the owner in an application filed with the Village before the March 1, 2011.
(2)
Purpose. It is the purpose of this section to:
(a)
Promote the safe, effective and efficient use of wind energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as a permitted accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.
(b)
Oversee the permitting of wind energy systems.
(c)
Preserve and protect the public health and safety without significantly increasing the cost or decreasing the efficiency of a wind energy system, per § 66.0401, Wis. Stats., and Ch. PSC 128, Wis. Adm. Code.
(3)
Standards. The installation and operation of a wind energy system shall be subject to the following standards:
(a)
A wind energy system requires a conditional use permit as an accessory to a principal use.
(b)
Physical characteristics.
[1]
The owner may not display advertising material or signage other than warnings, equipment information, or indicia of ownership on a wind turbine. The owner may not attach any flag, decorative sign, streamers, pennants, ribbons, spinners, fluttering, or revolving devices to a wind turbine. The owner may attach a safety feature or wind monitoring device to a wind turbine.
[2]
The owner shall ensure that a wind turbine has a conventional or unobtrusive finish.
[3]
The owner shall install lighting at a wind energy system that complies with standards established by the Federal Aviation Administration.
[4]
The owner shall use shielding or control systems approved by the Federal Aviation Administration to reduce visibility of any required lighting to individuals on the ground.
[5]
The owner shall take appropriate measures to ensure that a wind turbine is not readily climbable except by authorized personnel.
[6]
The owner shall ensure that all wind turbine access doors and electrical equipment are locked when authorized personnel are not present.
[7]
The owner shall place appropriate warning signage on or at the base of each wind turbine.
[8]
The owner shall clearly mark guy wires and supports for a wind energy system, meteorological tower or other device for measuring wind speeds so that the wires and supports are visible to low-flying aircraft under fair weather conditions.
[9]
The owner shall construct, maintain, and operate collector circuit facilities in a manner that complies with the national electrical safety code and Ch. PSC 114, Wis. Adm. Code, and shall construct, maintain, and operate all wind energy system facilities in a manner that complies with the national electrical code.
(c)
Construction, operation, and maintenance standards. The owner shall construct, operate, repair, maintain and replace wind energy system facilities as needed to keep the wind energy system in good repair and operating condition and in a manner that protects individuals from injury.
(d)
Setbacks.
[1]
A wind energy system shall be set back a distance equal to 100% of from the maximum blade tip height from the following:
[a]
Occupied community buildings.
[b]
Nonparticipating residences.
[c]
Nonparticipating property lines.
[d]
Overhead communication and electric transmission lines or distribution lines, not including utility service lines to individual houses or outbuildings.
[2]
The owner of an adjacent nonparticipating residence or an adjacent occupied community building may waive the required setback as long as such waiver is provided in writing to the Village at the time of application for a conditional use permit.
[3]
There is no required setback for a wind energy systems from the following:
[a]
Participating residences.
[b]
Participating property lines.
[c]
Public road right-of-way.
[d]
Overhead utility service lines to individual houses or outbuildings.
(e)
Noise.
[1]
Hours. In this section, nighttime hours are the hours beginning at 10:00 p.m. and ending at 6:00 a.m. daily and daytime hours are the hours beginning at 6:00 a.m. and ending at 10:00 p.m. daily.
[2]
Planning.
[a]
The noise limits in this section apply at the outside wall of a nonparticipating residence or occupied community building that exists when the owner gives notice under § PSC 128.105(1), Wis. Adm. Code, or for which complete publicly available plans for construction are on file with the Village within 30 days of the date on which the owner gives notice under § PSC 128.105(1), Wis. Adm. Code.
[b]
The owner shall design the proposed wind energy system to minimize noise at a residence or occupied community building to the extent reasonably practicable.
[c]
The owner shall design a wind energy system to comply with the noise standards in this section under planned operating conditions.
[3]
Noise limits.
[a]
Except as provided below, the owner shall operate the wind energy system so that the noise attributable to the wind energy system does not exceed 50 dBA during daytime hours and 45 dBA during nighttime hours.
[b]
In the event audible noise due to wind energy system operations contains a steady pure tone, such as a whine, whistle, screech, or hum, the owner shall promptly take corrective action to permanently eliminate the noise. This subsection does not apply to sound the wind energy system produces under normal operating conditions.
[4]
Compliance.
[a]
If the owner uses sound-level measurements to evaluate compliance with this section at a nonparticipating residence or occupied community building, those measurements shall be made as near as possible to the outside wall nearest to the closest wind turbine, or at an alternate wall as specified by the owner of the nonparticipating residence or occupied community building. The owner may take additional measurements to evaluate compliance in addition to those specified by this section.
[b]
Upon receipt of a complaint regarding a violation of the noise standards of this section, the owner shall test for compliance with the noise limits in this section. The Village may not require additional testing if the owner has provided the results of an accurate test conducted within two years of the date of the complaint showing that the wind energy system is in compliance at the location relating to the complaint.
[c]
Upon receipt of a complaint about a noise under this section, the owner shall use operational curtailment to eliminate the noise until the owner permanently corrects the problem.
[5]
Waiver. Upon request by the owner of a wind energy system, the owner of an affected nonparticipating residence or occupied community building may relieve the owner of the wind energy system of the requirement to meet any of the noise limits in this section at the affected residence or occupied community building by written contract with the wind energy system owner. Unless otherwise provided in a contract signed by the owner of an affected nonparticipating residence or occupied community building, a waiver by the owner of an affected nonparticipating residence or occupied community building is an encumbrance on the real property, runs with the land until the wind energy system is decommissioned, and shall be recorded under Ch. 706, Wis. Stats.
[6]
Notification.
[a]
Before entering into a contract for a waiver as described above, the owner of a wind energy system shall provide written notice of the requirements of this section to the owner of an affected nonparticipating residence or occupied community building.
[b]
Before the initial operation of the wind energy system, the owner shall provide notice of the requirements of § PSC 128.14, Wis. Adm. Code, to each adjacent nonparticipating residence or occupied community building before the initial operation of the small wind energy system.
(f)
Shadow flicker.
[1]
Planning.
[a]
The shadow flicker requirements in this section apply to a nonparticipating residence or occupied community building that exists when the owner gives notice under § PSC 128.105(1), Wis. Adm. Code, or for which complete publicly available plans for construction are on file with a political subdivision within 30 days of the date on which the owner gives notice under § PSC 128.105(1), Wis. Adm. Code.
[b]
The owner shall design the proposed wind energy system to minimize shadow flicker at a residence or occupied community building to the extent reasonably practicable.
[2]
Shadow flicker limits. The owner shall operate the wind energy system in a manner that does not cause more than 30 hours per year of shadow flicker at a nonparticipating residence or occupied community building. If a nonparticipating residence or occupied community building experiences more than 30 hours per year of shadow flicker under the wind energy system's normal operating conditions, the owner shall use operational curtailment to comply with this subsection.
[3]
Shadow flicker mitigation. The owner of a wind energy system shall work with an owner of a nonparticipating residence or occupied community building to mitigate the effects of shadow flicker to the extent reasonably practicable.
[4]
Waiver. Upon request by the owner of a wind energy system, an owner of an affected nonparticipating residence or occupied community building may relieve the wind energy system owner of a requirement under this section at the affected nonparticipating residence or occupied community building by written contract with the wind energy system owner. Unless otherwise provided in a contract signed by an owner of an affected nonparticipating residence or occupied community building, a waiver by an owner of an affected nonparticipating residence or occupied community building is an encumbrance on the real property and runs with the land until the wind energy system is decommissioned, and shall be recorded under Ch. 706, Wis. Stats.
(g)
Signal interference.
[1]
Except as provided under an approved waiver, the signal interference requirements in this section apply to commercial communications and personal communications in use when the wind energy system begins operation.
[2]
The owner shall use reasonable efforts to avoid causing interference with commercial communications and personal communications to the extent practicable.
[3]
The owner may not construct wind energy system facilities within existing line-of-sight communication paths that are used by government or military entities to provide services essential to protect public safety. The Village may require an owner to provide information showing that wind turbines and other wind energy system facilities will be in compliance with this subsection.
(h)
Emergency procedures. The owner shall notify the Village of the occurrence and nature of a wind energy system emergency within 24 hours of the wind energy system emergency.
(i)
Decommissioning.
[1]
The owner of a wind energy system shall decommission and remove the wind energy system when the system is at the end of its useful life.
[2]
A wind energy system is presumed to be at the end of its useful life if the wind energy system generates no electricity for a continuous 540-day period.
(4)
Application.
(a)
Preapplication notice.
[1]
At least 60 days before the owner files an application to construct a wind energy system, the owner shall use commercially reasonable methods to provide written notice of the planned wind energy system to all of the following:
[a]
All adjacent landowners.
[b]
The Zoning Administrator.
[2]
The owner shall include all of the following in the required notice:
[a]
A complete description of the wind energy system, including the number and size of the planned wind turbines.
[b]
A map showing the planned location of all wind energy system facilities.
[c]
Contact information for the owner.
[d]
A list of all potential permits or approvals the owner anticipates may be necessary for construction of the wind energy system.
[3]
The owner shall make reasonable efforts to ascertain and accommodate any existing land uses or commercial enterprises located on an adjacent nonparticipating property.
(b)
Application and notice requirements. The owner shall file an application for conditional use permit with the Village.
(c)
Contents of application. The owner shall complete and file with the Village an application on a form provided by the Village that includes all of the following:
[1]
Wind energy system description and maps showing the locations of all proposed wind energy facilities.
[2]
Technical description of wind turbines and wind turbine sites.
[3]
Timeline and process for constructing the wind energy system.
[4]
Information regarding anticipated impact of the wind energy system on local infrastructure.
[5]
Information regarding noise anticipated to be attributable to the wind energy system.
[6]
Information regarding shadow flicker anticipated to be attributable to the wind energy system.
[7]
Information regarding the anticipated effects of the wind energy system on parcels adjacent to the wind energy system.
[8]
Information regarding the anticipated effects of the wind energy system on airports and airspace.
[9]
Information regarding the anticipated effects of the wind energy system on line-of-sight communications.
[10]
A list of all state and federal permits required to construct and operate the wind energy system.
[11]
Information regarding the planned use and modification of roads within the Village during the construction, operation, and decommissioning of the wind energy system, including a process for assessing road damage caused by wind energy system activities and for conducting road repairs at the owner's expense.
[12]
A representative copy of all notices issued under this section and §§ PSC 128.105(1)(a) and 128.42(1), Wis. Adm. Code.
[13]
Any other information necessary to understand the construction, operation or decommissioning of the proposed wind energy system.
(d)
Accuracy of information. The owner shall ensure that information contained in an application is accurate.
(e)
Duplicate copies. The Village may specify a reasonable number of copies to be filed. Each copy shall include all worksheets, maps, and other attachments included in the application. The Village may permit the owner to file an application electronically.
(f)
Notice to property owners and residents.
[1]
On the same day the owner files an application for a wind energy system, the owner shall, under § 66.0401(4)(a)3, Wis. Stats., use commercially reasonable methods to provide written notice of the filing of the application shall be provided only to property owners and residents located adjacent to the small wind energy system, written notice of the filing of the application to property owners and residents located within one mile of the proposed location of any wind energy system facility. The notification shall include all of the following:
[a]
A complete description of the wind energy system, including the number and size of the wind turbines.
[b]
A map showing the locations of all proposed wind energy system facilities.
[c]
The proposed timeline for construction and operation of the wind energy system.
[d]
Locations where the application is available for public review.
[e]
Owner contact information.
[2]
After the Village receives an application for a wind energy system, the notice required to be published by the Village under § 66.0401(4)(a)1, Wis. Stats., shall include a brief description of the proposed wind energy system and its proposed location, the locations where the application is available for public review, the method and time period for the submission of public comments to the Village, and the approximate schedule for review of the application by the Village.
(g)
Application completeness.
[1]
Complete applications.
[a]
An application is complete if it meets the requirements of this chapter and the filing requirements under §§ PSC 128.30(2) and 128.50(1), Wis. Adm. Code.
[b]
The Village shall determine the completeness of an application, and shall notify the owner in writing of the completeness determination, no later than 45 days after the day the application is filed. An application is considered filed the day the owner notifies the Village in writing that all the application materials have been filed and the application fee has been paid. If the Village determines that the application is incomplete, the notice provided to the owner shall state the reasons for the determination.
[c]
The owner may file a supplement to an application that the Village has determined to be incomplete. There is no limit to the number of times that the owner may refile an application. For incomplete applications, the owner shall provide additional information as specified in by the Zoning Administrator.
[d]
An additional forty-five-day completeness review period shall begin the day after the Village receives responses to all items identified in the notice.
[e]
If the Village does not make a completeness determination within the applicable review period, the application is considered to be complete.
[2]
Requests for additional information. The Village may request additional information necessary to understand the wind energy system after determining that an application is complete. The owner shall provide additional information in response to all reasonable requests. The owner shall respond to all inquiries made subsequent to a determination of completeness in a timely, complete, and accurate manner.
(h)
Accuracy of application. The owner shall certify that the information contained in the application is accurate. The Village may reject or deny the application if it contains false, misleading or inaccurate information.
(i)
Village review.
[1]
Written decision.
[a]
The Village shall issue a written decision to grant or deny an application for a wind energy system. The written decision shall include findings of fact supported by evidence in the record. If an application is denied, the decision shall specify the reason for the denial.
[b]
The Village shall provide its written decision to the owner and to the commission. The political subdivision shall provide the owner with a duplicate original of the decision.
[c]
The owner shall record the duplicate original of a decision approving an application with the register of deeds for the county in which the wind energy system is located.
[2]
Ownership change. Approval of a wind energy system remains in effect if there is a change in the owner of the wind energy system.
(j)
Record of decision.
[1]
Recordkeeping.
[a]
The Village shall keep a complete written record of its decisionmaking relating to an application for a wind energy system.
[b]
If the application is denied, the Village shall keep the record for at least seven years following the year in which it issues the decision.
[c]
If the application is approved, the Village shall keep the record for at least seven years after the year in which the wind energy system is decommissioned.
[2]
Record of contents. The record of a decision shall include all of the following:
[a]
The approved application and all additions or amendments to the application.
[b]
A representative copy of all notices issued under §§ PSC 128.105(1)(a), 128.30(5), and 128.42(1), Wis. Adm. Code.
[c]
A copy of any notice or correspondence that the Village issues related to the application.
[d]
A record of any public meeting under § PSC 128.30(6)(c), Wis. Adm. Code, and any hearing related to the application. The record may be an electronic recording, a transcript prepared from an electronic recording, or a transcript prepared by a court reporter or stenographer. The record shall include any documents or evidence submitted by meeting or hearing participants.
[e]
Copies of any correspondence or evidentiary material that the Village considered in relation to the application, including copies of all written public comments filed under § PSC 128.30(6)(b), Wis. Adm. Code.
[f]
Minutes of any Village meetings held to consider or act on the application.
[g]
A copy of the written decision under § PSC 128.32(3)(a), Wis. Adm. Code.
[h]
Other materials that the Village prepared to document its decisionmaking process.
[i]
A copy of any Village ordinance cited in or applicable to the decision.
(5)
Modifications to an approved wind energy system.
(a)
Material change.
[1]
The owner may not make a material change in the approved design, location or construction of a wind energy system without the prior written approval of the Village that authorized the wind energy system, unless the political subdivision automatically approves the material change by taking either of the steps specified in § PSC 128.32(2)(b)1 or 2, Wis. Adm. Code.
[2]
The owner shall submit an application for a material change to an approved wind energy system to the Village.
(b)
Limited review.
[1]
Upon receipt of an application for material change to an approved wind energy system, the Village shall consider only those issues relevant to the proposed change.
[2]
An application for a material change is subject to §§ PSC 128.30(1), (3) to (5), (6)(a) and (b), and (7); and 128.31 to 128.34, Wis. Adm. Code.
[3]
An application for a material change shall contain information necessary to understand the material change.
[4]
The Village shall hold a public meeting to obtain comments on and to inform the public about a proposed material change to an approved wind energy system.
(6)
Complaint process. Making a complaint.
(a)
An aggrieved person may make a complaint regarding failure by an owner to comply with an obligation under this chapter.
(b)
A complaint shall be made first to the owner of the wind energy system pursuant to a complaint resolution process developed by the owner.
(c)
A complainant may petition the Village for review of a complaint that is not resolved within 45 days of the day the owner receives the original complaint.
(d)
The Village's decision is subject to review under § 66.0401(5), Wis. Stats.
B.
Solar energy systems.
(1)
Applicability.
(a)
This section applies to solar energy systems, including photovoltaic and solar thermal systems, constructed after the effective date of this chapter.
(b)
Any upgrade, modification, or structural change to a solar energy system constructed prior to the effective date of this chapter shall comply with the provisions of this chapter.
(2)
Purpose. It is the purpose of this section to:
(a)
Promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as a permitted accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.
(b)
Oversee the permitting of solar energy systems.
(c)
Preserve and protect the public health and safety without significantly increasing the cost or decreasing the efficiency of a solar energy system, per § 66.0401, Wis. Stats.
(3)
Standards. The installation and operation of a solar energy system shall be subject to the following standards:
(a)
A solar energy system is permissible as an accessory to a principal use.
(b)
A solar energy system shall be constructed, installed, and operated in conformance with all applicable state and Village building codes, and in accordance with §§ 66.0401, 66.0403, 700.35, and 700.41, Wis. Stats.
(c)
A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
(d)
A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the Village acknowledging and approving such connection.
(e)
Roof-mounted solar energy systems.
[1]
A roof-mounted system may be mounted on a principal structure or accessory structure.
[2]
A roof-mounted system, whether mounted on the principal structure or accessory structure, may not exceed the maximum height for such a structure.
[3]
In no instance shall any part of the solar energy system extend beyond the edge of the roof.
[4]
A roof-mounted system shall be located to ensure that any solar glare is directed away from adjacent properties and roads.
(f)
Ground-mounted solar energy systems.
[1]
A ground-mounted system shall not exceed the maximum building height for accessory structures.
[2]
The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.
[3]
A ground-mounted system or system attached to an accessory structure shall not be located within the required street yard setback.
[4]
Solar panels shall be placed such that concentrated solar radiation or solar glare shall not be directed onto nearby properties or roadways.
[5]
All exterior electrical and/or plumbing lines must be buried below the surface of the ground and placed in a conduit.
[6]
A ground-mounted system shall be placed in the side and rear yard only and shall meet all setback and yard requirements for the district in which it is located.
(g)
All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:
[1]
Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other noninvasive plant species that provide a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of this chapter may be used.
[2]
Mechanical equipment shall not be located within the street yard of the parcel.
[3]
Mechanical equipment shall comply with the setbacks specified for accessory structures unless attached to the principal structure.
(h)
No adjacent property owners shall be required to remove vegetation or structures that may block sunlight to the solar energy system during the initial installation of a system.
(i)
A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system, provided they comply with the prevailing sign regulations.
(j)
The design of the solar energy system shall conform to applicable industry standards. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer registered in the State of Wisconsin.
(k)
If a solar energy system is defective or is deemed to be unsafe by the Building Inspector, the solar energy system shall be required to be repaired by the owner to meet federal, state, and local safety standards, or be removed by the property owner within the time period allowed by the Plan Commission. If the owner fails to remove or repair the defective or abandoned solar energy system, the Village may pursue a legal action to have the system removed at the owner's expense.
C.
Geothermal energy systems.
(1)
Applicability.
(a)
This section applies to geothermal energy systems constructed after the effective date of the chapter.
(b)
Any upgrade, modification, or structural change to a geothermal energy systems constructed prior to the effective date of this chapter shall comply with the provisions of this chapter.
(2)
Purpose. It is the purpose of this section to:
(a)
Promote the safe, effective and efficient use of geothermal energy systems installed to reduce the on-site consumption of utility supplied energy as a permitted accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.
(b)
Oversee the permitting of geothermal systems.
(c)
Preserve and protect the public health and safety.
(3)
Standards. The installation and operation of a geothermal energy system shall be subject to the following standards:
(a)
A geothermal energy system shall be constructed, installed, and operated in conformance with all applicable state and Village building codes, and in accordance with Ch. 280, Wis. Stats.
(b)
A geothermal energy system shall conform to applicable industry standards including those of ANSI. Applicants shall submit certificate of compliance demonstrating that the system has been tested and approved by UL or other approved independent testing agency.
(c)
Aboveground equipment shall comply with the setback requirements of the respective zoning district.
(d)
Equipment, piping and devices shall not be located in any easement or right-of-way.
(e)
Setbacks. Geothermal energy systems shall conform to all setbacks requirements for accessory structures and shall:
[1]
Be set back a minimum of 75 feet between a vertical geothermal energy system and a personal on-site wastewater treatment system.
[2]
Be set back a minimum of 25 feet between a horizontal geothermal energy system and a personal on-site wastewater treatment system.
[3]
Not be located closer than 200 feet to a well, except when the well is a private water system well and when the owner is the same for both the water well and the geothermal system, in which case the water well shall not be closer than 75 feet from the geothermal system.
D.
Electric vehicle infrastructure.
(1)
Applicability.
(a)
This section applies to electric vehicle infrastructure constructed after the effective date of the chapter.
(b)
Any upgrade, modification, or structural change to a electric vehicle infrastructure constructed prior to the effective date of this chapter shall comply with the provisions of this chapter.
(2)
Purpose. The purpose of this section is to facilitate the use of electric vehicles and to expedite the establishment of a convenient, cost-effective electric vehicle infrastructure that such use necessitates.
(3)
Standards.
(a)
Electric vehicle infrastructure shall be accessory to a principal use unless the primary use of the parcel, where it then shall be considered in-vehicle sales or service for zoning purposes.
(b)
Charging stations located at single- and two-family dwellings shall be designated as private restricted use only.
(4)
General requirements for parking.
(a)
An electric vehicle charging station space may be included in the calculation for any minimum required parking spaces.
(b)
Public electric vehicle charging stations are reserved for parking and charging electric vehicles only.
(c)
Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(5)
Lighting. Site lighting shall be provided where an electric vehicle charging station is installed, unless charging is for daytime purposes only.
(6)
Equipment standards and protection.
(a)
Battery charging station outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the surface where mounted. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards on sidewalks.
(b)
Adequate battery charging station protection, such as concrete-filled steel bollards, shall be used. Curbing may be used in lieu of bollards, if the battery charging station is set back a minimum of 24 inches from the face of the curb.
(c)
The property owner is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to visitors of the property.
(7)
Usage fees. Information shall be posted identifying voltage and amperage levels and any time of use, fees, or safety information related to the electric vehicle charging station.
(8)
Signage.
(a)
Each electric vehicle charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. For purposes of this subsection, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment. Restrictions shall be included on the signage if removal provisions are to be enforced by the property owner.
(b)
When a sign provides notice that a parking spaces a publicly designated electric vehicle charging station, no person shall park or stand any nonelectric vehicle in a designated electric vehicle charging station space. Further, no person shall park or stand an electric vehicle in a publicly designated electric vehicle charging station space when not electrically charging or parked beyond the days and hours designated on the regulatory signs posted. For purposes of this subsection, "charging" means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.
(9)
Maintenance. Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning or other problems are encountered.
§ 315-92 Breweries and distilleries.
A.
General. Breweries and distilleries shall comply with all other zoning, building, fire, engineering, utility and other municipal codes, and all applicable state and federal laws.
B.
Accessory uses. The following accessory uses shall require a conditional use permit:
(1)
Tasting rooms.
(2)
Retail sales of business merchandise on the brewery and distillery premises.
C.
Waste. All solid waste generated on the premises shall be stored and disposed of in a manner that does not cause a public nuisance affecting public health pursuant to the Village Code.
§ 315-93 Microbreweries and craft distilleries.
A.
General. Microbreweries and craft distilleries shall comply with all other zoning, building, fire, engineering, utility and other municipal codes, and all applicable state and federal laws.
B.
Quantity.
(1)
A total of not more than 10,000 barrels or 310,000 U.S. gallons of fermented malt beverages shall be manufactured on the premises per calendar year.
(2)
A total of not more than 100,000 proof gallons of intoxicating liquor shall be manufactured on the premises per calendar year.
C.
Accessory uses. The following accessory uses shall require a conditional use permit:
(1)
Tasting rooms.
(2)
Retail sales of business merchandise on the brewery and distillery premises.
D.
Waste. All solid waste generated on the premises shall be stored and disposed of in a manner that does not cause a public nuisance affecting public health pursuant to the Village Code.
§ 315-94 Wineries.
A.
General. Large boutique wineries shall comply with all other zoning, building, fire, engineering, utility and other municipal codes, and all applicable state and federal laws.
B.
Quantity. A total of at least 25,000 U.S. gallons of wine, but less than 100,000 gallons of wine, shall be manufactured on the premises per calendar year.
C.
Accessory uses. The following accessory uses shall require a conditional use permit:
(1)
Tasting rooms.
(2)
Retail sales of business merchandise on the winery premises.
D.
Waste. All solid waste generated on the premises shall be stored and disposed of in a manner that does not cause a public nuisance affecting public health pursuant to Chapter 12 of the Municipal Code[1] or as defined in Chapter 200 of the Municipal Code.
[1]
Editor's Note: Refers to Chapter 12, Health and Sanitation, predating the 2018 recodification of the Village Code. Provisions of former Chapter 12 are now included in multiple chapters of the Code.
§ 315-95 Boutique wineries.
A.
General. Boutique wineries shall comply with all other zoning, building, fire, engineering, utility and other municipal codes, and all applicable state and federal laws.
B.
Quantity. A total of not more than 25,000 U.S. gallons of wine shall be manufactured on the premises per calendar year.
C.
Accessory uses. The following accessory uses shall require a conditional use permit:
(1)
Tasting rooms.
(2)
Retail sales of business merchandise on the winery premises.
D.
Waste. All solid waste generated on the premises shall be stored and disposed of in a manner that does not cause a public nuisance affecting public health pursuant to the Village Code.
§ 315-96 Keeping of bees.
A.
Districts allowed.
(1)
Permitted use. Notwithstanding any other provision of this chapter, bees may be kept as a permitted use in the R-1, R-2, R-3, and RD-1 Districts upon issuance of a keeping of bees license.
(2)
Conditional use. Notwithstanding any other provision of this chapter, bees may be kept as a conditional use in the R-4, B-1. B-2, and B-3 Districts upon issuance of a keeping of bees license.
B.
Standards. The keeping of bees shall comply in all respects with the following:
(1)
No bees shall be intentionally kept and maintained other than mason bees or honeybees.
(2)
No hive shall exceed 20 cubic feet in volume.
(3)
An ever-present supply of water shall be provided for all hives.
(4)
The Village Clerk shall be notified immediately if a hive swarms. The owner is responsible for tracking and managing the swarm and notifying affected landowners.
(5)
Hives.
(a)
No more than two hives may be kept on a residential zoning lot.
(b)
Hives shall not be located on vacant lots.
(c)
Hives shall be located in the back or rear yard in a sunny location.
(d)
No hive shall be located closer than 10 feet from any property line of a residential district lot.
(e)
No hive shall be located closer than 10 feet from a public sidewalk or 25 feet from a principal structure on an abutting lot in different ownership.
(f)
The area around the hive(s) shall be kept clean of hive scrapings to avoid attracting wasps, nuisance insects, and animals.
(g)
Signage shall be posted informing that bees are kept on the property. Such signage shall conform to the following:
[1]
Signs shall be no smaller than seven inches by 10 inches and printed in a font size clearly legible to the general public.
[2]
Signs shall be placed at locations visible to all adjoining parcels.
[3]
Signs shall be posted to a fence or semi-permanent post at a height no lower than four feet and no higher than six feet.
[4]
Signs shall be made of aluminum, heavy-duty plastic, or vinyl laminate.
[5]
Signs shall be composed of black writing on a yellow background.
[6]
Signs shall include the words "Caution" or "Warning" in large block letters at the top and "Bees," "Honeybees," "Beehives," or similar below.
(h)
A flyway barrier at least six feet in height shall shield any part of a property line of a lot in different ownership that is within 25 feet of a hive. The flyway barrier must effectively direct bees to fly up and over the barrier when flying in the direction of the barrier. The flyway barrier shall consist of a wall, fence, dense vegetation, or combination thereof, and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
C.
License required.
(1)
An "Application for License: Keeping of Bees" shall be completed and submitted to the Village Clerk.
(a)
The application shall include a diagram describing the location of the hive(s) in relationship to lot boundaries.
(b)
The license shall be issued only to the primary owner(s) of record of a residence located in the designated residential districts.
(c)
The property owner/licensee shall reside on the premises regulated by the license.
(d)
The keeping of bees for commercial purposes or for any activity or purpose not related to the personal purpose of the license holder, including the commercial sale of honey or other materials related to the keeping of bees, shall be prohibited.
(e)
The license shall include the standards described in Subsection B above.
(f)
The license shall be approved by the Plan Commission and issued by the Zoning Administrator.
(2)
Revocation. A license may be revoked by the Plan Commission for failure to comply with any of the provisions of this section.
(3)
Once revoked, a license shall not be reissued for a two-year period.
(4)
Any applicant whose application has been denied or license has been revoked under the provisions of this chapter shall have the right to appeal said denial.
(5)
Any license holder who has his/her license revoked must properly remove the hive(s) from the subject property within 96 hours of revocation or decision on appeal.
§ 315-97 Commercial and manufacturing incubators.
A.
Commercial incubators.
(1)
Districts allowed. An "Incubator: Commercial" is permissible in the B-1, B-2 and B-3 Districts upon issuance of a conditional use permit.
(a)
Applicability. This section applies to commercial incubators. See Subsection B below for manufacturing incubators.
(b)
Purpose. It is the purpose of this section to:
[1]
Promote opportunities for small and expanding commercial businesses.
[2]
Support entrepreneurs and grow the economy of the Village.
[3]
Oversee the permitting of commercial incubators.
[4]
Preserve and protect the public health and safety.
(c)
Standards.
[1]
Commercial incubators may be a principal structure or use or accessory to a principal structure or use.
[2]
Allowable uses.
[a]
Any use listed as a permitted use or conditional use in the B-1, B-2, or B-3 Districts may be potentially permissible within the same district.
[b]
Uses deemed by the Plan Commission to be incompatible with the principal use, as applicable, shall be prohibited.
[c]
All uses, unless otherwise approved by the Plan Commission, shall be conducted entirely within a building.
(d)
Dimensional and design standards.
[1]
Commercial incubators approved as a principal use and/or structure shall conform to the requirements for principal structures and uses in the B-1, B-2, or B-3 District, as applicable.
[2]
Commercial incubators approved as an accessory use and/or structure shall conform to the requirements for accessory uses and structures in the B-1 District. The exterior materials of a commercial incubator when accessory to a principal structure shall be substantially the same in appearance and use substantially the same materials as the principal structure.
B.
Manufacturing incubators.
(1)
Districts allowed. An "Incubator: Manufacturing" is permissible in the I-1 District upon issuance of a conditional use permit.
(2)
Applicability. This section applies to manufacturing incubators. See Subsection A above for commercial incubators.
(3)
Purpose. It is the purpose of this section to:
(a)
Promote opportunities for small and expanding light industrial businesses.
(b)
Support entrepreneurs and grow the economy of the Village.
(c)
Oversee the permitting of commercial incubators.
(d)
Preserve and protect the public health and safety.
(4)
Standards.
(a)
Manufacturing incubators may be a principal structure or use or accessory to a principal structure or use.
(b)
Allowable uses.
[1]
Any use listed as a permitted use or conditional use in the I-1 District may be potentially permissible.
[2]
Uses deemed by the Plan Commission to be incompatible with the principal use, as applicable, shall be prohibited.
[3]
Uses deemed by the Plan Commission to be incompatible with an existing use within the same incubator, even if such a use is nonadjoining, shall be prohibited.
[4]
All uses, unless otherwise approved by the Plan Commission, shall be conducted entirely within a building.
[5]
Corporate and administrative offices not ancillary to the principal use are prohibited.
(c)
Dimensional and design standards.
[1]
Manufacturing incubators approved as a principal use and/or structure shall conform to the requirements for principal structures and uses in the I-1 District.
[2]
Manufacturing incubators approved as an accessory use and/or structure shall conform to the requirements for accessory uses and structures in the I-1 District. The exterior materials of a manufacturing incubator when accessory to a principal structure shall be substantially the same in appearance and use substantially the same materials as the principal structure.