General Agriculture (A-2) District. This district is intended to accommodate both large- and small-scale farms and hobby farms. Although scattered residential lots are allowed, agriculture is the predominant land use.

Rural Residential (R-1) District. This district is intended to accommodate single-family residences on scattered lots to foster and maintain the rural character and lifestyle of the surrounding area. Lots are generally served by on-site wastewater treatment systems.

Low-Density Residential (R-2) District. This district is intended to accommodate low- and medium-density residential lots in a duly recorded and legally maintained subdivision. This district provides a "suburban" arrangement of amenities, services, and facilities. Lots are connected to a public sanitary sewer system or have an on-site sewage disposal system.

Medium-Density Residential (R-3) District. This district is intended to accommodate two-family dwellings, twin homes, and single-family residences. This district provides a "suburban" arrangement of amenities, services, and facilities. Since the two-family dwelling produces a divergent occupancy pattern from that of the traditional single-family dwelling, this district is generally adjacent to, but not within, a single-family neighborhood. Lots are connected to a public sanitary sewer system or have an on-site sewage disposal system.

High-Density Residential (R-4) District. This district is intended to accommodate multifamily buildings and townhouses at urban densities. This district provides a "suburban" arrangement of amenities, services, and facilities. Lots are connected to a public sanitary sewer.

Manufactured/Mobile Home Park (R-8) District. This district is for the exclusive use and development of one or more manufactured/mobile home parks. Lots are connected to a public sanitary sewer system or have an on-site sewage disposal system.

Neighborhood Business (B-1) District. This district is intended to accommodate a single retail or service establishment or a small grouping of such establishments that primarily serve the daily needs of residents in the surrounding area. Because this district characteristically is near or within residential areas, standards are designed to ensure the commercial uses are compatible in appearance and character with the surrounding residential uses. Lots are connected to a public sanitary sewer system or have an on-site sewage disposal system.

Community Business (B-2) District. This district is intended to accommodate both large- and small-scale pedestrian- and auto-oriented commercial development that primarily serves the needs of the surrounding community, including professional offices, retail stores, service establishments, overnight lodging, entertainment facilities, and mixed-use housing. Lots are connected to a public sanitary sewer system or have an on-site sewage disposal system.

General Business (B-3) District. This district is intended to accommodate primarily larger-scale commercial projects of regional importance that require access to major road corridors. Multifamily buildings are allowed in this district, along with mixed-used housing. Lots are connected to a public sanitary sewer system or have an on-site sewage disposal system.

Mixed-Use (M-1) District. This district is intended to accommodate a wide range of compatible residential and nonresidential uses at densities and intensity typical of an urban area. Typically, this district is a minimum of five acres in area and is only located in those areas where the existing and planned land uses in the surrounding districts are compatible with those uses permitted in this district. Lots are connected to a public sanitary sewer system or have an on-site sewage disposal system.

Light Industrial (I-1) District. This district is intended to accommodate those businesses and activities typically associated with manufacturing of finished products, storage, and wholesale operations. Uses permitted in this district characteristically occur inside of a building or other structure. Outdoor storage when allowed is clearly incidental to the primary use. Lots are connected to a public sanitary sewer system or have an on-site sewage disposal system.

Heavy Industrial (I-2) District. This district is intended to accommodate industrial uses that handle or process raw materials and other large-scale uses often considered offensive or unique by nature. Handling and processing of materials may occur within a building or other structure or out of doors. Lots are connected to a public sanitary sewer system or have an on-site sewage disposal system.

Planned development (PDD) districts. Planned development districts are a special type of zoning district and are initially proposed by a property owner who desires a mix of uses or flexibility in a project's overall design. Each district is unique and therefore has its own set of development standards that are documented in the general development plan and associated development agreement, if any. PDD districts are numbered sequentially (i.e., PDD-1, PDD-2, etc.).

Floodplain overlay districts. The floodplain overlay districts include those lands within the one-hundred-year and five-hundred-year floodplain as mapped by the Federal Emergency Management Agency (FEMA). These overlay districts are further divided into the flood-fringe and floodway. Each subdistrict has unique development standards based on flooding characteristics that are crafted to meet the minimum requirements as established by state law.

Shoreland-Wetland Overlay District. In general, the Shoreland-Wetland Overlay District includes those wetlands of five acres or more and which are shown on the Wisconsin wetland inventory maps that have been prepared for Winnebago County. The provisions relating to this district are contained in Article 14 of this chapter. They are crafted to meet the minimum requirements as established by state law.

Shoreland Zoning Overlay District. This district extends from the ordinary high-water mark of navigable streams inland for a distance of 300 feet or to the inland side of the floodplain, whichever is greater, and from the ordinary high-water mark of navigable lakes, ponds, or flowages inland for a distance of 1,000 feet. The provisions relating to this district are contained in Article 13 of this chapter. They are crafted to meet the minimum requirements as established by Ch. NR 115, Wis. Adm. Code.

Reduced Setback Overlay District.

Each of the land uses is designated as one of the following:

Any commercial or industrial land use that is shown as permitted that emits air contaminants, fugitive dust, or potentially offensive odors outside of the building; incinerates any substance; or handles radioactive materials, hazardous substances, hazardous waste, or regulated substances is considered a conditional use.

The lot area for lots created after March 31, 2013, shall not include any of the following features:

For the purpose of this subsection, the location of the proposed right-of-way line is 1/2 the width of the proposed right-of-way as measured from the center of the existing road.

Essential services, such as utilities, water towers, transmission towers and lines, are exempt from the height limitation for the zoning district in which they are located.

The height of telecommunication towers is governed by the standards established under Division 7 of this article.

The height of buildings and other structures may be further regulated by Outagamie County pursuant to § 114.136, Wis. Stats., relating to the height of buildings in the vicinity of the Outagamie County Regional Airport. The location of these overlay districts may be shown on the face of the Zoning Map.

The Planning Commission may approve an exemption for spires, steeples, cupolas, and chimneys on institutional, commercial, and industrial buildings.

Landscaping;

Retaining walls;

Fences;

Freestanding mailboxes and newspaper boxes;

Play equipment, except not in a front yard;

Yard furniture, but not when located on a patio or deck;

Gardens;

Compost bins;

Clotheslines;

Boat docks and boathouses when located in a shore yard, but not closer than three feet to a side yard property boundary line;

Specified building projections as provided for in Table 7-2;

Components of a private on-site sewage system, including holding tanks (if allowed), absorption fields, and septic tanks, provided separation requirements in Chapter 16 of the General Code of Winnebago County are met;

Water wells not located in a building or other structure, provided separation requirements in state law are met;

Those structures and uses where applicable development standards included in Division 7, Division 8, and Division 9 of this article either exempt or establish alternate setbacks requirements; and

Other structures and land uses when exempted by the Zoning Administrator provided such exemption is in keeping with the intent of this chapter.

Building projections are not to be included.

Setback reductions allowed by a variance shall not be included.

If the setback of an existing structure is greater than the required setback, the required setback shall be used.

The design and layout of a site, including principal and accessory buildings, parking areas and access drives, building service areas, docking and loading areas, and other elements, can have a substantial and long-lasting effect on the utility of the subject property and on surrounding properties and the overall character of a community.

The requirements in this section are intended to provide meaningful guidance to applicants, design professionals, and public officials.

The requirements in this section are intended to promote the public health, safety, and welfare and are reasonably related to the public purpose of achieving an attractive, functional, and prosperous community.

A building shall be arranged on the site so as to not impede traffic accessibility and circulation to or from adjacent streets and adjoining sites developed with similar nonresidential uses.

The front of the building shall be generally parallel to the street or a public area, such as a courtyard, plaza, or the like.

Cross accesses shall be provided between adjoining commercial parcels whenever it is feasible to do so.

A service area for a commercial or institutional building shall be easily accessible to service vehicles, separated from the on-site parking area, and designed to serve multiple establishments and tenants, when possible. Such service area shall not be readily visible from a public street, an on-site customer parking area, or an abutting property in a commercial or residential zoning district or in an agricultural zoning district that is designated for future commercial or residential development in an adopted Comprehensive Plan. Screening from view may be accomplished by integrating such area into the overall design of the building (e.g., inside of the building or use of architectural extension of a building wall) or using a fence, a berm, landscaping (above what is otherwise required in this chapter), other suitable feature, or any combination thereof.

A docking or loading area for a commercial, institutional, or industrial building shall be easily accessible to service vehicles, separated from the on-site parking area, and designed to serve multiple establishments and tenants, when possible. Such docking or loading area shall not be readily visible from a public street, an on-site customer parking area, or an abutting property in a commercial or residential district or in an agricultural zoning district that is designated for future commercial or residential development in an adopted Comprehensive Plan. Screening from view may be accomplished by integrating such area into the overall design of the building (e.g., inside of the building or use of architectural extension of a building wall) or using a fence, a berm, landscaping, above what is otherwise required in this chapter, other suitable feature, or any combination thereof (Exhibit 7-2).

Existing natural resources and topographic features on the site shall be preserved to the greatest extent possible while affording a reasonable use of the property.

The project shall be designed with consideration to pedestrian and bicycle traffic and shall include appropriately located crosswalks and bike parking areas.

The project shall not create any hazard.

The project shall be designed to avoid existing hazards, whether man-made or natural, and if avoidance is not possible, to mitigate the effects of the hazard to a satisfactory level necessary to protect the public health, safety, and welfare.

The outward design appearance of a building can have a substantial and long-lasting effect on surrounding properties and the overall character of a community.

Buildings and especially those within a largely developed area should fit into the context in which they occur.

Architectural design standards should allow for a variety of architectural styles and be flexible to the greatest extent possible.

The standards in this section are intended to provide meaningful guidance to applicants, design professionals, and public officials.

This section is not intended to limit or infringe upon reasonable accommodations to afford a person with disabilities equal opportunity to use and enjoy a building.

The standards in this section are intended to promote the public health, safety, and welfare and are reasonably related to the public purpose of achieving an attractive, functional, and prosperous community.

The scale of the building shall be compatible with the overall massing and the individual parts of adjacent buildings, especially existing and anticipated residential buildings in a residential zoning district or in an agricultural zoning district that is designated for future residential development in an adopted Comprehensive Plan.

A commercial or institutional building with two or more stories shall be designed to include a base, middle, and cap. For the purpose of this subsection, the base consists of one or more entryways and ground floor windows; the middle is set apart from the base by a molding, reveal, or other suitable feature, and may consist of windows, balconies, or both; and the cap consists of a roof overhang, a parapet cornice, or other similar feature.

Windows, doors, and other openings must form a unified composition in proportion to the building elevation.

Principal buildings located in a commercial zoning district having a front elevation of more than 750 square feet in area shall be divided into distinct planes of 500 square feet or less. The following design features can be used to meet this provision:

Oversized fenestration elements which tend to create a monumental scale shall not be used unless specifically required by the type of building or relationship to its surroundings.

Building entrances must be clearly recognizable from parking lots and pedestrian circulation routes.

The appearance of a side or rear of a commercial or institutional building that is readily visible from a public street or an abutting property in a commercial or residential zoning district or in an agricultural zoning district designated for future commercial or residential development in the Village's Comprehensive Plan shall be the same as or similar to the front of such building.

Rooftop mechanical equipment shall be positioned so it is not readily visible from a public street or an abutting property in a residential zoning district. Rooftop mechanical equipment may be placed in an enclosure or screened from view provided such enclosure or screening is used as an element of the building's architecture.

Fencing shall complement the appearance of buildings on site.

The exterior building materials of an accessory building and other structure shall be the same as or similar to those used on the principal building.

Roof. The roof shall have a minimum pitch of four and 12.

Door adjacent to a residential district. No door providing access to a storage cubicle shall be located on the outer perimeter of the building when abutting a residential district or a planned development district with a residential component.

Placement of doors on a single-loaded building. When a personal storage facility is single-loaded (i.e., cubicle doors only on one side), the cubicle doors shall not face the outer perimeter of the site.

Exterior material. At least 40% of the wall surface facing toward the outer perimeter of the site shall be brick, natural or cultured stone, decorative concrete block (e.g., ground face or split face), stucco, or a combination thereof.

The State Legislature adopted § 93.90, Wis. Stats., (Livestock Facility Siting Law) to govern livestock facilities, which is implemented by administrative rule under Ch. ATCP 51, Wis. Adm. Code.

The Livestock Facility Siting Law allows local jurisdictions to review livestock facilities with 500 animal units or more as a conditional use.

Minimum lot area. The facility shall only occur on a parcel of land that is 40 acres or larger. Once this use is established, the parcel shall not be made smaller through a property boundary line relocation or other means, except as may be approved by the Planning Commission.

Road access. Primary access to this use shall occur off of a road classified as a county trunk highway or state highway, unless otherwise prohibited.

Location of livestock structures. A livestock structure approved after March 31, 2013, except for livestock waste storage structures, shall be located at least 100 feet from a public road right-of-way and 150 feet from a property boundary line, other than for a public road right-of-way.

Location of livestock waste storage structures. A livestock waste storage structure approved after March 31, 2013, shall be located at least 350 feet from a property boundary. If any portion of an existing structure is closer than 350 feet to a property boundary line, such structure may be expanded, provided the expansion is not located any closer to the property boundary line than the existing structure. A single new livestock waste storage structure may be constructed closer than 350 feet if such structure is located on the same tax parcel as a livestock waste storage structure in existence before May 1, 2006, is not larger than the existing structure, is no further than 50 feet from the existing structure, and is no closer to the property boundary line than the existing structure. An existing structure that does not meet the setback standards in this subsection may be expanded, provided such expansion is not located any closer to the property boundary line than the existing structure.

Wells. All water wells located within a livestock facility shall comply with Chs. NR 811 and 812, Wis. Adm. Code. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Chs. NR 811 and 812, Wis. Adm. Code, regardless of whether the livestock facility operator owns the land on which the wells are located. A livestock structure in existence on May 1, 2006, may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.

A dead or dying tree or shrub may be removed.

An invasive tree or shrub may be removed. If a tree or shrub is removed and the tree or shrub is counted towards meeting a landscaping requirement contained in this chapter, a new plant shall be planted in the buffer yard to compensate for the loss.

A dead or dying tree or shrub may be removed.

An invasive tree or shrub may be removed.

The removal of trees and shrubs is done consistent with a landscape management plan as prepared by a registered landscape architect, an arborist, or a forester and as approved by the Zoning Administrator.

One mobile home or manufactured home per designated space;

One single-family dwelling for the park operator or caretaker;

One or more community safe rooms;

Service buildings, such as administrative offices, laundromats, and recreational buildings, provided that such uses are subordinate to the residential character of the park and are intended for use primarily by park residents;

Accessory structures, such as storage sheds, porches, garages, and carports, as may be approved by the park operator, provided minimum setback requirements to the perimeter are maintained; and

One or more play areas for children.

Suitable roof coverings include clay or ceramic tiles, wood shingles or shakes, metal, or fiberglass or asphalt shingles.

Exterior wall surfaces shall be covered with stucco, wood siding, cement-fiber siding, vinyl siding, metal horizontal lap siding, wood shingles, or a masonry veneer.

An overhang shall extend at least 12 inches beyond the face of the exterior wall.

The building shall be set on and anchored to a continuous permanent foundation that extends around its perimeter.

A fuel pump shall be located at least 50 feet from a property in a residential zoning district and at least 30 feet from a property in a nonresidential zoning district.

A pump island canopy shall be located at least 18 feet from all property boundary lines.

A fuel pump shall be located at least 50 feet from a property in a residential zoning district and at least 30 feet from a property in a nonresidential zoning district.

A pump island canopy shall be located at least 18 feet from all property boundary lines.

A provision that prevents the owner from prohibiting or otherwise limiting, through contract or other legal device, the reuse of the building for retail or other legitimate purpose.

A provision requiring long-term maintenance of the property including landscaping if the building is vacated.

A provision requiring the preparation of an adaptive reuse plan or a demolition plan by the property owner acceptable to the Village Board within 12 months of vacation.

A provision stating that the property owner, within 24 months of vacation, shall either begin demolishing the building and restoring the site consistent with the approved demolition plan and continue in good faith to completion or begin implementing the approved adaptive reuse plan and continue in good faith to completion.

Other provisions deemed necessary by the Village Board to address the particular circumstances related to the project.

The Village Board of Trustees has become aware, based upon its own observations, studies and experiences, as well as testimony before the Board by legal counsel for the Village, and also the experiences of other communities, that adult-oriented establishments may and do generate deleterious secondary adverse effects which the governing body believes are detrimental to the public health, safety, welfare and morals of Fox Crossing.

Specifically, the Village Board has reviewed evidence concerning adverse secondary effects on other communities found in, but not limited to, the cases of Ben's Bar, Inc. v. Village of Somerset, 316 F3d 702 (2003); City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986); California v. LaRue, 409 U.S. 109 (1972); City of Newport, KY v. Iacobucci, 479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F3d 403 (6th Cir. 1997); Kev, Inc. v. Kitsap County, 793 F2d 1053 (9th Cir. 1986); Hang On, Inc. v. City of Arlington, 65 F3d 1248 (5th Cir. 1995); South Florida Free Beaches, Inc. v. City of Miami, 734 F2d 608 (11th Cir. 1984); New York State Liquor Auth. v. Bellanca, 452 US 714 (1981); Blue Canary Corp. v. City of Milwaukee, 251 F3d 1121; MDK, Inc. v. Village of Grafton, 345 F. Supp 2d 952 at page 957; Daytona Grand, Inc. v. City of Daytona Beach, Florida 490 F3d 860 (11th Cir. 2007); and a compilation of studies on various municipalities regarding the impact of adult-oriented business, and reports of harmful secondary effects occurring in and around adult-oriented establishments, including a publication of the American Planning Association compiled by Eric Damian Kelly and Connie Cooper titled "Everything You Always Wanted To Know About Regulating Sex Businesses XXX," Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, June 6, 1989, reports from studies in Phoenix, Arizona 1984 and 1995-1998; Minneapolis, Minnesota 1980; Houston, Texas 1997; Indianapolis, Indiana 1984; Amarillo, Texas 1977; Garden Grove, California 1991; Los Angeles, California 1977; Whittier, California 1978; Austin, Texas 1986; Seattle, Washington 1989; Oklahoma City, Oklahoma 1986; Cleveland, Ohio 1977; Dallas, Texas 1997; St. Croix County, Wisconsin 1993; Bellevue, Washington 1998; Newport News, Virginia 1996; and New York Times Square Study 1994.

As a result of the Board's own experiences, observations, studies, experiences of other communities and testimony, the Board finds that adult-oriented establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a causal nature, which may have a deleterious secondary effect on the existing and planned commercial and residential uses in the surrounding areas and result in downgrading of property values as well as causing an increase in criminal activity. Further, the service or presence of alcohol within an adult-oriented establishment is likely to heighten the potential occurrence of such deleterious secondary effects on the surrounding areas.

The establishment of adult-oriented establishments within 600 feet of each other can create especially deleterious secondary effects on existing and planned commercial and residential uses in the surrounding area.

The establishment of an adult-oriented establishment within 600 feet of certain land uses, including schools, worship facilities, libraries, parks, and other places where the public and children congregate, can conflict with those uses.

Concern over sexually transmitted diseases is a legitimate health concern of Fox Crossing which demands reasonable regulation of adult-oriented establishments in order to protect the health, safety and welfare of its citizens.

Fox Crossing desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizenry, protect the citizens from increased crime, preserve the quality of life, preserve the property values and character of surrounding neighborhoods, and deter the spread of blight.

It is the intent and purpose of this section to be passed pursuant to legitimate regulatory authority of the Village under its police powers and zoning powers, pursuant to Wisconsin Statutes, to promote the health, safety, welfare and morals of the citizens of Fox Crossing by establishing reasonable and uniform regulations to prevent the deleterious secondary effects associated with adult-oriented establishments.

The provisions of this section have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative or expressive materials or acts, including sexually oriented materials or acts. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to sexually oriented materials or acts protected by the First Amendment or to deny access by the distributors and exhibitors of sexual oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene materials as regulated by state law.

The regulations of this section are not aimed at the content of any speech. Rather, this section has the purpose and effect of controlling the deleterious secondary effects of adult-oriented establishments while avoiding the regulation of content.

This section is not intended to prohibit adult-oriented establishments from operating in Fox Crossing, but rather this section is intended to regulate their location and manner of operation while providing reasonable opportunity for such adult-oriented establishments to exist. This section is also intended to regulate the proximity of adult-oriented establishments to certain sensitive land uses.

The opening, commencement, or operation of an adult-oriented establishment;

The conversion of an existing business, whether or not an adult-oriented establishment, to an adult-oriented establishment;

The addition of an adult-oriented establishment to an adult-oriented establishment;

The relocation of an adult-oriented establishment;

The sale, lease, or sublease of an adult-oriented establishment;

The transfer of securities which constitute a controlling interest in an adult-oriented establishment, whether by sale, exchange or other means of transfer; or

The establishment of a trust, gift or some other legal instrument that transfers ownership or control of an adult-oriented establishment.

Live dance, ballet, music or dramatic performances of serious artistic merit are offered on a regular basis;

The predominant business or attraction is not the offering of entertainment which is intended for sexual interests or titillation of customers; and

The establishment is not distinguished by an emphasis on or the advertising or promotion of nude or seminude performances.

Except as provided in Subsection E(5) below, from and after the effective date of this section, no adult-oriented establishment shall be operated or maintained in any area subject to Fox Crossing zoning without first obtaining a license to operate issued by the Fox Crossing Village Board.

A license may be issued for only one adult-oriented establishment located at a fixed and certain location per application filed. Any person, partnership, corporation or other entity or organization which desires to operate more than one adult-oriented establishment must have a license for each.

No license or interest in a license may be sold, assigned, or otherwise transferred to any person, partnership, corporation or other entity or organization.

It shall be unlawful for any entertainer, employee or operator of an adult-oriented establishment to knowingly work in or to knowingly perform any service directly related to the operation of any adult-oriented establishment that does not have a valid license pursuant to this section.

Nothing in this section shall be construed so as to permit material or performances prohibited by § 944.21, Wis. Stats.

Any person, partnership, corporation or other entity or organization desiring to secure a license shall submit an application for such license to the Fox Crossing Village Board. The application shall be filed with the Village Clerk.

The application for a license shall be submitted upon a form provided by Fox Crossing. An applicant for a license shall furnish the following information under oath:

Within 21 days of receiving an application for a license, the Fox Crossing Village Clerk shall notify the applicant whether the application has been approved or denied.

If an application is denied, the Fox Crossing Village Board shall advise the applicant in writing of the reason or reasons for the denial. The applicant may request a review of a denial pursuant to Ch. 68, Wis. Stats., as amended from time to time.

Failure or refusal of the applicant to give any information relevant to the investigation of the application or the applicant's refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or the applicant's refusal to submit to or cooperate with any investigation required by this section shall be grounds for denial of an application.

To be eligible to receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:

Prior to granting the license, the Fox Crossing Village Board shall determine whether the applicant complies with all applicable restrictions on location, this section, and has complied with all building, zoning, plumbing, electrical, fire, health and other codes and regulations.

Every license issued pursuant to this section will terminate at the expiration of one year from the date of issuance, unless sooner revoked or suspended, and must be renewed before operation is allowed in the following year. Any applicant or operator of an adult-oriented establishment desiring to renew a license shall make application to the Fox Crossing Village Board and file said renewal at least 60 days prior to the license expiration date. The application for renewal shall be filed in duplicate with the Fox Crossing Village Clerk. The application for renewal shall be on a form provided by the Village of Fox Crossing and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license.

A license renewal fee in the amount specified in the Fox Crossing Fee Schedule shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty in an amount specified in the Fox Crossing Fee Schedule shall be assessed against the applicant who files for a renewal less than 60 days before the license expires.

In addition to other reasons provided by Fox Crossing, a license issued under this section may be suspended or revoked by Fox Crossing for any of the following reasons:

An adult-oriented establishment shall not be located within 600 feet of any of the following:

If one of these specified uses locates within this area of separation after the adult-oriented establishment has been granted a building permit or certificate of use and occupancy, the adult-oriented establishment shall not be required to relocate.

Any applicant found to have violated this section shall have any license obtained hereunder revoked.

In addition to the revocation of a license issued under this section, any applicant in violation of this section or any applicant who fails to obtain a license as required hereunder shall, upon conviction of such violation, be subject to a penalty as provided in Chapter A450, Fines and Penalties, together with the costs of prosecution. Each violation and each day a violation continues or occurs shall constitute a separate offense and violation. Nothing in this section shall preclude the Fox Crossing Village Board from maintaining any appropriate action to enforce, prosecute, prevent or remove a violation of any provision of this section.

A law enforcement officer as defined in § 165.85(2), Wis. Stats.;

A member of the U.S. Armed Forces; or

A private security person as defined in § 440.26(1m), Wis. Stats., who meets all of the requirements under § 167.31(4)(a)4, Wis. Stats.

Targets;

Ammunition;

Devices for hearing and eye protection;

Other items directly related to the shooting of firearms on the premises; and

Pre-packaged food and drink items.

Devices for hearing and eye protection;

Guns; and

Other items directly related to the shooting of firearms on the premises.

Supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, stormwater facilities, pump stations, and similar facilities with heights not exceeding 35 feet;

Antennas or towers located on property owned, leased or otherwise controlled by the governing authority, provided a license or lease authorizing such antenna or tower has been approved by the governing authority;

Structures for the support of amateur radio antennas that are owned and/or operated by a federally licensed amateur radio operator, provided that the antenna use constitutes ancillary or secondary use, not primary use, of the property;

An antenna or tower that is installed on an existing structure (such as a tower, building, sign, light pole, water tower, electric transmission and distribution structure, or other freestanding nonresidential structure) and provided the antenna or tower adds no more than 20 feet to the height of the structure;

Portable antennas that are used in broadcasting public information coverage of news events of a temporary nature; and

Handheld devices such as cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers, and similar devices.

Class 1 co-location includes a substantial modification of existing support structures and mobile service facilities.

Class 2 co-location does not include the substantial modification of existing support structures and facilities.

A Village zoning permit is required for the siting and construction of any new mobile service support structure and facility.

A permit application must be completed by the applicant and submitted to the Village Zoning Administrator containing the following information:

A Class 1 or Class 2 permit application will be provided by the Village upon request to any applicant.

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 the application is complete, the Village shall notify in writing the applicant for a Class 1 permit within 10 days and the applicant for a Class 2 permit 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.

Within 90 days of application for a Class 1 permit and within 45 days of application for a Class 2 permit 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 for a Class 1 permit or the forty-five-day period for a Class 2 permit:

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 Subsection B(2)(d).

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 a zoning ordinance, that zoning ordinance does not apply to such a structure unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.

The fees for permits are specified in the Village's adopted fee schedule and may not exceed the amount allowed by Wisconsin Statutes.

500 feet for mechanical treatment facilities, effluent holding and polishing ponds, seepage cells, ridge and furrow systems, and overland flow systems;

750 feet for aerated lagoons;

1,000 feet for off-site sludge holding facilities, spray irrigation systems, and wastewater storage tanks with a capacity greater than 25,000 gallons; and

1,500 feet for stabilization lagoons.

When public water and sewer is not currently available due to unreasonable costs of extension of public facilities to the site, as determined by the Village, then private wells and septic systems may be used subject to the systems meeting all current requirements for the potable water and septic system effluent. Holding tanks and mound systems may be used as septic systems if approved by the Village.

If private wells and septic systems are used then the developer shall execute and record an agreement binding the owner and future owners to connect to a public water and sewer system within one year of availability. "Availability" shall be defined as public water and sewer located adjacent to the property. Upon availability, the property owner shall extend the public water and sewer the length of the property, connect the public water and sewer, and appropriately abandon the private water and sewer system.

These additional principal uses do not count towards the maximum personal storage acreage in Subsection A above.

Operations affecting less than five acres and for the exclusive on-site use of the property owner;

Pre-mining activities, such as site surveying, coring, mapping and other functions necessary solely for proper preparation of the permit application;

Excavation in conjunction with a utility installation, which is to be backfilled;

Excavation within the limits of a public right-of-way in conjunction with road construction or reconstruction, when construction plans have been approved by the Wisconsin Department of Transportation or other governmental authority;

Excavation which by nature is of limited duration, such as graves, septic tanks, and swimming pools;

Agricultural drainage work incidental to agricultural operations and irrigation/stock watering ponds, if no material is removed from the property;

Excavation for structures and parking areas;

Stripping of up to 1.5 feet of topsoil for the development of subdivisions, following subdivision approval;

Regrading of property for aesthetic purposes that does not affect existing drainage, if no material is removed from the property;

Dredging operations under the jurisdiction of the U.S. Army Corps of Engineers or other governmental authority;

Ponds developed for wildlife purposes in conjunction with the Natural Resources Conservation Service or the Winnebago County Land and Water Conservation Department;

Excavation related to sod farming;

Any mining operation, the reclamation of which is required in a permit obtained under Ch. 293 or Subchapter III of Ch. 295, Wis. Stats., pertaining to metallic mining;

Activities conducted at a solid or hazardous waste disposal site required to prepare, operate, or close a solid waste disposal facility under Ch. 289, Wis. Stats., or a hazardous waste disposal facility under Ch. 291, Wis. Stats., for the exception of mineral extraction operations conducted for the purpose of lining, capping, or covering such disposal site; and

Any other use determined to be exempt by the Planning Commission.

No operations or activities, including berm construction, shall be conducted within 200 feet of any right-of-way line or within 200 feet of any exterior boundary of the site where a residence is located within 500 feet of the perimeter of the site.

The Planning Commission may authorize berm construction and related site preparation as a temporary activity, for a specific time period, to within 25 feet of the perimeter of the site for those operations lawfully existing before March 31, 2013. Exemptions may be authorized by the Commission for berms located closer than 25 feet to the perimeter of the site for those operations lawfully existing before March 31, 2013.

The Planning Commission may authorize continued vertical removal of materials to within 50 feet of the perimeter of the site for those operations lawfully existing before March 31, 2013.

In no event shall any operations or activities, except berm construction and related site preparation activities, be conducted within 50 feet of the perimeter of the site. In exercising its authority under this subsection, the Planning Commission may impose reasonable conditions including more stringent hours of operation, landscaping, and fencing.

The Planning Commission may authorize a reduction in the two-hundred-foot or the fifty-foot setback requirement where the extraction will not go below either the grade of the adjacent road or the adjoining property boundary line and where blasting is not used. In applying the provisions of this subsection, the Commission may reduce the setbacks as deemed appropriate and may impose other operational requirements necessary to offset any potential effect of the reduced setback.

When a nonmetallic mine adjoins another nonmetallic mine, a setback as provided in this section is not required along the common property boundary line when both operators agree in writing and such agreement is submitted to and approved by the Zoning Administrator as to form and content.

A statement of ownership of the parcel and control of the operations.

A site plan, drawn to scale, showing the lateral extent of existing and proposed excavations; the location and width of all easements and right-of-way on or abutting the site; existing water bodies, watercourses and drainageways and proposed modifications; estimated direction of flow or groundwater; the location of existing and proposed buildings, structures, machinery and equipment; and the location of all existing and proposed storage and stockpiling areas.

Cross sections of the site, drawn to scale, that show the vertical extent of existing and proposed excavations.

Both operators are in compliance with the requirements and standards of this section; and

The new operator assumes the responsibility of the former operator's permit requirements.

If an eligible property owner believes that the operation of the mine is having an adverse impact on his or her water well (hereinafter referred to as the "claimant"), the claimant shall provide written notice to the mine operator and the Zoning Administrator explaining the nature and the extent of the alleged impact. Within 30 days of such notice, the mine operator shall send a written response to the claimant and the Zoning Administrator that either provides evidence rejecting the claimant's assertion of adverse impact resulting from the mine operation or an amount of financial compensation for repairing or replacing the well to provide the same quantity and quality of groundwater obtained from the well prior to the mining operation. The claimant shall have seven days to accept or reject the mine operator's response, including the amount of compensation, if an amount was offered.

If the claimant rejects the mine operator's response, he or she may submit a written response to the mine operator and the Zoning Administrator that includes evidence supporting his or her assertion of adverse impact and the amount for repairing or replacing the well to provide the same quantity and quality of groundwater obtained from the well prior to the mining operation. If the claimant provides such response, the Planning Commission shall review the materials submitted by both the mine operator and the claimant at a public meeting within 45 days of receiving the claimant's response and render a decision within 30 days of such meeting.

If the Commission determines that the mine operations are having an adverse impact on the claimant's well, it shall establish a cost for repairing or replacing the well to provide the same quantity and quality of groundwater obtained from the well prior to the mining operation. If the mine operator does not provide the specified amount of compensation in a timely manner, the Village may utilize the financial guarantee as required under this section for such purposes.

A topographic map of the subject property and the surrounding area, having a contour interval of four feet or less.

A map depicting vegetation, soils, and existing conditions including on-site structures.

A map depicting property boundary lines within 1,600 feet of the area to be mined and water supply wells within 1,320 feet of the area to be mined including the type of well (e.g., domestic, industrial, or agricultural), well depth, static water level if known, and owner name.

A hydrologic study prepared by a qualified person if mining will occur below the groundwater level. Such study should describe anticipated dewatering effects on site and on adjoining properties and evaluate the potential of mining and associated dewatering to reach an arsenic rich horizon. For example, the base of the Platteville formation and the top of the St. Peter sandstone often contain high levels of arsenic.

A proposed water well monitoring plan if the proposed excavation includes the Platteville formation or the St. Peter sandstone formation. Such plan shall be designed to determine if mine operations are affecting water levels more than 100 feet from the proposed mine area. On-site water supply wells or nearby private wells completed in the uppermost aquifer may also be used for monitoring purposes. Water levels should be measured in these wells on a quarterly basis for at least three years, and annually thereafter, to understand natural seasonal variation in water levels and to be able to differentiate the effects of natural variation from those related to mining operations.

A proposed plan for measuring arsenic levels in surrounding water wells and water discharged to facilitate mining if the mining or dewatering has the potential to affect an arsenic rich horizon.

One or more cross sections showing the extent of the nonmetallic deposits to be mined, the proposed depth of removal, and the location of the water table.

The estimated volume of materials to be removed from the site.

A description of the methods and equipment that will be used to extract, process, or otherwise handle earth materials.

The location and operation of proposed processing and storage areas.

The purpose and locations of any on-site ponds.

A phasing plan, if the mine operation and reclamation will be completed in phases.

Amateur radio is an important private activity that allows for the exchange of noncommercial voice and data communications over the amateur radio spectrum. The wireless communication medium also provides direct significant benefit to the public and local, state and federal governments during natural disasters when other means of communication are not available.

Pursuant to § 59.69(4f), Wis. Stats., the regulations in this section constitute the least restrictive measures needed to promote community aesthetics, public health, and safety while allowing amateur radio communications.

Only licensed amateur radio operators shall be authorized to have amateur radio antennas and shall provide proof of a license when requested.

Amateur radio antennas in excess of 100 feet in height shall require a zoning permit and shall provide information from the manufacturer on the wind loads appropriate for the area proposed for installation, base requirements and appropriateness of the location of the proposed support structure. Other restrictions on height may also apply, such as from the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC).

If a tower is used to support the antenna, the tower shall have anti-climbing measures to prevent unauthorized climbing.

Exceptions:

For the purpose of this section, land is deemed to be primarily devoted to agricultural use if:

For the purpose of this section, land is deemed to be under common ownership if:

R-1 Rural Residential.

R-2 Low-Density Residential.

R-3 Medium-Density Residential.

R-4 High-Density Residential.

R-8 Manufactured/Mobile Home Park.

B-1 Neighborhood Business.

B-2 Community Business.

B-3 General Business.

M-1 Mixed-Use.

I-1 Light Industrial.

I-2 Heavy Industrial.

Width. With the exception of vertical supports, the width of a fence shall not exceed 14 inches.

Height. The top of a fence shall not exceed the height listed in Table 7-17, provided a fence used to enclose horses shall not exceed a height of five feet. Where a fence is located on a slope and is stepped, each section shall not be wider than eight feet and the height shall be measured in the middle of the stepped section (Exhibit 7-5). Pursuant to the procedures and requirements in Article 6 of this chapter, the Planning Commission may approve a special exception to allow a fence in a commercial zoning district that is higher than the height specified in Table 7-17, but no more than 10 feet. The Zoning Administrator may allow a fence that does not meet the height requirements in this section when placed around a utility installation, telecommunication tower, or similar facility when required for security or related purposes. The Zoning Administrator may also allow a fence in a residential district in the rear yard that does not meet the height requirements in this section when the residential property abuts a commercial or industrial district, but in no case may it exceed more than eight feet in height.

Orientation. All non-decorative posts, horizontal supports, cross-members, and the like shall be oriented inward to the lot on which the fence is located.

Materials. A fence shall be constructed of building materials commonly used for fence construction in the region, except for those specifically prohibited in this section. A fence located in a street yard shall be a minimum of 50% open. All other fences may be solid from the ground to the maximum height. Snow fences constructed of wood or plastic shall be permitted only as temporary fences.

Vertical supports. A vertical support, such as a post or column, shall not exceed 24 inches in width or extend more than 24 inches above the top of the highest point of the adjoining fence.

Arbors. An arbor may extend above a pedestrian walkway provided it is not taller than nine feet, wider than five feet, or deeper than three feet.

Trellises. A trellis may be incorporated into the overall design of a fence provided no part is taller than eight feet it and does not extend for more than 10% of the length of the side on which it is located.

A fence shall not be located in a shore yard setback.

A fence may be placed up to a property boundary line, except that a fence shall not be closer than two feet to a public road right-of-way or other property boundary line when adjoining a public pedestrian walkway or the like.

A fence may be placed within a utility easement, unless prohibited by the easement holder, with the understanding that the utility authority may remove such fence at the property owner's expense, is not liable for any damage to the fence, and is not responsible for the reconstruction of the fence.

A fence shall not be located within a drainage easement.

The fence shall not exceed 12 feet in height.

The fence shall not be located within a setback line.

Any portion of the fence above six feet in height shall be an open woven wire.

Three or fewer courses of barbed wire may be installed above the top line of a six-foot high chain link fence when located in an industrial zoning district.

Barbed wire may be used to contain livestock as may be allowed in the zoning district.

An electric fence may be used to contain livestock as may be allowed in the zoning district.

An electric fence may be installed or used in an industrial zoning district provided it is no higher than 10 feet and is completely surrounded by a nonelectrical fence or wall that is not less than six feet high.

An electrical fence installed in an industrial zoning district must be installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76.

The energizer for an electrical fence must be driven by a commercial storage battery not to exceed 12 volts DC.

The electric charge produced by an electric fence upon contact shall not exceed energizer characteristics set forth in Paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.

Electrical fences shall be clearly identified with warning signs that read "Warning — Electric Fence" at intervals of not less than 60 feet.

There are preexisting residential lakefront lots in the Village that are too small or too narrow to allow the construction of a two-car garage.

While not necessarily desirable, necessity dictates that special provisions should be made to allow the construction of an off-site garage so long as all of the standards in this section can be met.

The lakefront lot is too small or too narrow to accommodate a two-car garage of approximately 576 square feet (24 feet by 24 feet).

The lot with the off-site residential garage is located on the road providing access to the lakefront lot and is generally located across from the lakefront lot.

Not be located in a parking area required by this chapter;

Only be located between the back of the building and rear property boundary line;

Observe the setback requirements for the zoning district in which it is located; and

Not be located in a buffer yard as may be required by this chapter.

Term of use. The structure is only used from April 1 through November 30 and is removed no later than December 10.

Floor area. The floor area of the structure shall not exceed 500 square feet.

Structure height. The height of the structure shall not exceed 12 feet.

Location. The structure shall be located at least 100 feet from a property in a residential zoning district. The structure may be located within the front yard setback area but no closer than 15 feet to the front property boundary line.