(a)

In accordance with the authority granted by Wis. Stats. § 61.35 and for the purpose listed in that section, the village board adopts this chapter.

(b)

The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity, and general welfare of the village.

(Ord. of 2-21-94(2), § 1)

It is the general intent of this chapter to regulate and restrict the use and development of all structures, lands and waters; to regulate and restrict lot coverage, population distribution and density, tree cutting, dredging and lagooning in shoreland areas and the size and location of all structures, so as to lessen congestion in, and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light and air; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; prevent water pollution; protect spawning grounds, fish and aquatic life and otherwise further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the village; and implement the village's comprehensive plan and plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Ord. of 2-21-94(2), § 1)

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easement, covenants or agreements between parties or with any rules, regulations or permits previously adopted or issued pursuant to laws; however, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building, or requires larger open spaces than are required by other rules, regulations or permits or by easements, covenants or agreements, the provisions of this chapter shall govern.

(Ord. of 2-21-94(2), § 1)

The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be liberally construed in favor of the village, and shall not be deemed a limitation of repeal of any other power granted by state statutes.

(Ord. of 2-21-94(2), § 1)

All other ordinances or parts of ordinances of the village inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.

(Ord. of 2-21-94(2), § 1)

This chapter shall be known as referred to, or cited as the "Zoning Ordinance, Village of Hammond, Wisconsin."

(Ord. of 2-21-94(2), § 1)

This chapter shall be effective after a public hearing, adoption by the village board, and publication or posting as required by law.

(Ord. of 2-21-94(2), § 1)

(a)

The revised official zoning map is an integral part of this chapter. A copy of this map titled "Zoning Map, Hammond, Wisconsin," together with a copy of this chapter, shall be available in the village clerk-treasurer's office for public inspection during office hours. Any changes in zoning district boundaries shall be recorded on the map.

(b)

The district boundaries are either streets or alleys unless otherwise shown; and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

(c)

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lot lines, and where the designations on the map are approximately bounded by lot lines, the lot line shall be construed to be the boundary of the district.

(d)

In unsubdivided property, the district boundary shown on the map shall be determined by township or range line, quarter sections, and divisions thereof, property lines, by scale, or by dimensions shown on the map.

(Ord. of 2-21-94(2), § 1)

Excepted as otherwise provided:

(1)

Nonconforming uses and structures. Nonconforming uses and structures are subject to the following:

a.

Present uses. Present uses of buildings and premises may be continued even though they do not conform to the restrictions of this chapter. However, structural repairs or alterations of such buildings or premises shall not exceed 50 percent of their equalized assessed value at the time they become nonconforming unless a building or premises conforming to this chapter results. Any nonconforming use that is abandoned for one year shall be discontinued permanently.

b.

Existing nonconforming uses. The lawful nonconforming uses of structure, land or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter; however, only the portion of the land or water in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

Total lifetime structural repairs or alterations shall not exceed 50 percent of the municipality's current assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.

Substitutions of new equipment may be permitted by the board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

c.

Abolishment or replacement. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter. When a nonconforming use is damaged by fire, explosion, flood, public enemy or other calamity to the extent of more than 50 percent of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.

d.

Existing nonconforming structures. The lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, setback, parking and loading, and access provisions of this chapter. Additions and enlargements to existing nonconforming structures which do not in any way enlarge or expand the nonconformance are permitted and shall conform with the required building setback lines along streets, water and highways and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to additions or enlargements are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is serviced by a public sanitary sewer.

e.

Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert to a nonconforming use or structure. Once the board of appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the board of appeals.

(2)

Amendments. Amendments are subject to the following:

a.

Authority. Pursuant to the provisions of Wis. Stats. §§ 61.35 and 62.23(7), the village board may, after notice and public hearing as hereinafter provided, amend the regulations of this chapter or change the district boundaries.

b.

Initiation of petition. A proposal to amend the text or change the district mapping of this chapter may be initiated by the village board on its own motion or by petition of one or more property owners.

c.

Petitions. Petitions for any change in the district boundaries or amendments to the regulations shall be filed with the village clerk-treasurer, shall describe the premises to be rezoned or the regulations to be amended, shall list the reasons justifying the petition, and shall include the following:

1.

Plot plan drawn to scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.

2.

Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.

3.

Additional information required by the village board.

4.

A service fee as specified in appendix C shall be submitted with each application for rezoning or amendment to zoning code.

d.

Official public hearing. The village shall hold a public hearing on such petition, after giving a class 2 notice, under Wis. Stats. ch. 985, of the proposed amendment, giving an opportunity to any person interested to be heard. Notice of the public hearing shall be mailed to the owners of all lands within 100 feet of any part of land included in such proposed change at least ten days before such hearing.

e.

Action. As soon as possible after such public hearing, the village board shall act to approve, modify and approve, or disapprove the proposed amendment.

f.

Protest. In case of protest against such change duly signed and acknowledged by the owners of 20 percent or more of either of the areas of land included in such proposed amendment, supplement or change, or by the owners of 20 percent or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment, supplement or change shall not become effective except by the favorable vote of three-fourths of the members of the village board.

(3)

Annexation. All territory annexed to the village shall become part of the conservancy district unless the petition for annexation requests the property become a part of another district.

(4)

Compliance. The following shall be complied with:

a.

No lot shall be occupied by more than one permitted principal building; but in the case of public, institutional, industrial or commercial buildings, a group of principal buildings under the same ownership may be considered as occupying the same lot if in the opinion of the village board such buildings and uses are compatible.

b.

No building or structure shall be erected, reconstructed, structurally altered, enlarged or moved, nor shall any building, structure or land be designed or designated for any use other than the uses permitted in the district in which such building, structure or land is located.

c.

The provisions of this chapter shall not prohibit the erection of a single-family dwelling and customary accessory uses in any district in which single-family dwellings are so permitted, on a lot which is smaller than required, provided such lot is separately recorded by deed in the office of the register of deeds prior to the date of adoption of the ordinance from which this chapter is derived; and provided further that the owner of any such lot did not own sufficient adjoining land at the effective date of the adoption of such ordinance to conform therewith. All structures erected on such lot must be designed and erected in conformance with the provisions of this chapter.

(5)

Reduction of joint use. No lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met. However, where existing lots do not satisfy such requirements, the board of appeals may grant a variance.

(6)

Modification. Modifications are subject to the following:

a.

No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.

b.

Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the projection of sills, cornices and ornamental features which shall not exceed 12 inches, except that in commercial areas a permanent awning and its accessory columns or struts may project not more than five feet into a required front or side yard. Fire escapes may project in a yard area not more than five feet.

c.

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, hospitals, smoke stacks, storage tanks, water towers, ornamental towers, masts, or aerials and necessary mechanical appurtenances are exempted from the height regulations of this chapter but are subject to other regulations or ordinances of the village.

d.

In each quadrant of every street intersection there shall be designated a vision clearance triangle, bounded by the right-of-way lines and a line connecting them 30 feet from their intersection. Within the triangle no object shall be allowed above a height of 2½ feet above the streets if it obstructs the view across the triangle. This regulation shall not apply to posts or wire fences.

e.

In required yards or other open areas in all residential districts, the parking or storage of trucks, machinery, unlicensed or junk automobiles, vehicles used for garbage collection or hauling livestock is prohibited. Licensed pickup trucks or vans of less than a ton and a half capacity are excepted from this provision and may be parked in driveways.

f.

Any property owner requesting a variance from the provisions of this chapter shall file with such request a written consent to such variance from the affected adjoining property owners, or a statement that such a consent was requested but could not be obtained.

g.

The construction of an accessory building shall not precede the construction of a principal building in all residential districts.

(7)

Swimming pools. Swimming pools are subject to the following:

a.

Generally. A swimming pool, for the purposes of this subsection, is a container either temporarily or permanently constructed upon or within the ground so designed as to contain water exceeding 12 inches in depth and having an area greater than 150 square feet which is used primarily for swimming.

b.

Location. Swimming pools shall be located as follows:

1.

Swimming pools constructed in the R-1, R-2 and R-3 districts shall be located on the same lot as and in either the rear or the side yard of a principal building; however, they shall not be constructed in the front yard or in a required corner side yard in such districts. Swimming pools either open or enclosed shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard.

2.

Swimming pools constructed in the B-1 or B-2 business districts shall not occupy any portion of a required front, side or rear yard; however, they may be located in yard areas other than such required yards.

c.

Clearance from property lines and buildings. Swimming pools shall not be located nearer than six feet from any property line or building.

d.

Protection. So as to prevent unauthorized access, swimming pools shall be protected by means of a fence, wall or other permanent barrier so designed, constructed and maintained as to completely surround the swimming pool, extending to a height of not less than four feet above actual grade. Such barrier shall prevent the passage of an object with a diameter larger than nine inches. All gates provided in such barrier shall be equipped with hardware designed to automatically close and latch the gate.

(8)

Fences. A building permit for fences shall be required when any one section exceeds 20 feet in length. Fences may be placed or erected upon a property line in the rear or side yard and shall not exceed 78 inches in height, except in the manufacturing district. In the M-1 district, a fence may not exceed 15 feet in height. Fences may be placed or erected in the front yard building set backline and shall not exceed four feet in height and shall be 90 percent see-through. A fence may encroach upon a vision triangle provided it does not exceed four feet, is 90 percent see-through, and does not obstruct the vision of either pedestrians or motorists. For corner lots the fence may be up to 78 inches in height provided the fence is set back as needed to maintain a vision triangle as determined by the building inspector. Fences may be constructed of wood, wire, metal stone or a combination thereof. Wire fences shall be of mesh or woven design.

No single-strand wire fences are permitted. No barbed wire shall be used in fence construction, except in the agricultural district. No fence shall be less than 30 inches in height. All fences shall be kept in good repair and condition.

(Ord. of 2-21-94(2), § 1; Ord. No. 78-9, § I, 6-14-99; Ord. No. 02-00, § I, 2-14-00; Ord. 78-9, § I, 2-14-05; Ord. No. 78-9, § I, 3-12-07; Ord. of 1-8-24(1))

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The word "building" includes the word "structure." Any words not defined in this section shall be construed as defined in the state and village building codes.

Accessory building or structure means a building or portion of a building subordinate to the main building or structure and used for a purpose customarily incidental to the permitted use of the main building or structure or the use of the premises, including but not limited to garages, prefabricated metal buildings for storage, carports, greenhouses, screened enclosures, swimming pools, bathhouse and filter equipment sheds, playhouses, gazebos, satellite dish antennas and open storage. Accessory buildings shall not occupy more than 20 percent of the rear yard area. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same front and side yard requirements as the principal building. There shall be two classifications of accessory buildings or structures:

(1)

Accessory building or structure, permanent means an accessory building or structure placed on a permanent foundation, whether cement or gravel or a similar material.

(2)

Accessory building or structure, temporary means an accessory building or structure placed on a temporary foundation such as portable skids or on no foundation at all. To be classified as a "temporary" accessory building or structure, the structure cannot exceed 200 square feet of floor area, and cannot exceed 15 feet in height.

Alley means a street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.

Bed and breakfast establishments means any place of lodging that provides four or fewer rooms for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

Building means any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building. A carport shall be considered a building.

Building height means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a gambrel, hip or pitch roof.

Campground means a privately or municipally owned parcel or tract of land maintained, intended or used for the purposes of supplying temporary or overnight living accommodations to the public by providing designated areas for the placement of recreation vehicles, tents, buses, automobiles or sleeping bags, and may include structures to provide services to the patrons, such as restrooms, bathing and laundry facilities. See definition of "recreational vehicle."

Department means the state department of safety and professional services.

Dwelling design and construction. Dwellings as defined and permitted by this chapter shall conform to the following:

(1)

Shall be attached to a permanent foundation meeting the requirements of applicable building code provisions in such manner as to comply with standards for vertical loading, uplift and lateral forces and so designed and constructed that the floor elevation is reasonably compatible with other dwellings in the area.

(2)

Shall have a minimum area of 900 square feet and be not less than 20 feet in its smallest horizontal dimension exclusive of attached garage, carport or open deck.

(3)

Shall have any wheels, axles, hitches, tow bars and other equipment for transporting on streets or highways removed when the structure is placed on the foundation.

(4)

Shall have a double pitched roof having a minimum of three inches of vertical rise per foot of horizontal run.

(5)

Shall have roof overhang of one foot minimum measured from the vertical sides of the structure.

(6)

Shall have roofing material of a type customarily found on conventionally constructed dwellings, including wood shakes or shingles, asphalt composition shingles, fiberglass composition shingles, corrugated metal or corrugated fiberglass.

(7)

Shall have exterior siding of a type customarily found on conventional constructed dwellings, including wood clapboards, simulated clapboards such as vinyl, metal or masonite type siding, wood shakes, wood shingles, brick, stone or other masonry type siding, wood shakes, wood shingles, brick, stone or other masonry type veneer materials, but not smooth, ribbed or corrugated metal or plastic panels except when part of solar collector systems.

Dwelling, multiple-family means a building or portion thereof designed for and occupied by more than two families, including row houses, apartment houses and condominiums.

Dwelling, one-family means a detached building designed for or occupied exclusively by one family. See definitions of "manufactured dwelling," "manufactured home," and "dwelling design and construction."

Dwelling, two-family means a detached or semidetached building designed for or occupied exclusively by two families. See definitions of "manufactured dwelling," "manufactured home," and "dwelling design and construction."

Family means any number of persons related by blood, adoption or marriage, not to exceed four persons not so related, living together in one dwelling as a single housekeeping entity.

Farming means the raising of crops and keeping of farm animals, including but not limited to cattle, fowl, rabbits, sheep, goats and horses.

Feedlot means any livestock feeding or housing area or structure in which the concentration of animals is such that a vegetative cover is not maintained during the summer.

Fences means any barrier constructed of wood, wire, metal, stone or a combination thereof, excluding single-strand or barbed wire fences.

Frontage means all the property abutting on one side of a road or street, between two intersecting streets, or all of the property abutting on one side of a road or street between an intersecting road or street and the dead end of a road or street.

Garage, private means an accessory building in residential areas for the storage of motor-driven vehicles, not exceeding when combined with any other accessory buildings on the premises more than 20 percent of the total lot area.

Garage, public means any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, painted, serviced, hired, sold or stored.

Home occupation means a gainful occupation conducted by members of the family only, within their place of residence; provided that the area used does not exceed 25 percent of the total floor area, excluding attached garage; that no article or service sold or offered for sale on the premises except such as is produced by such occupation; that no materials used in or produced by the occupation are displayed or stored outside; no stock in trade is kept or sold; that no mechanical equipment is used other than such as is permissible for purely domestic purposes; the volume of vehicular or pedestrian traffic or parking shall not result in congestion or be abnormal for a residential neighborhood; that no sign other than one unlighted nameplate not more than six square feet is installed; that no structural alterations that are not customarily part of the dwelling unit are needed; and that no person other than a member of the immediate family living on the premises is employed.

Hotel means a building where rooms, with or without meals, are supplied to the transient public, or to anyone who may apply, for compensation.

Junkyard means an area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, but not including the purchase or storage of used furniture or household equipment or used cars in operable condition.

Kennel means the use of land with related buildings and structures for the breeding, rearing, boarding or training of more than four dogs and/or cats over five months of age.

Livestock unit means 1,500 pounds of live animal weight. Animals include but are not limited to cattle, horses, pigs, sheep and buffalo.

Lot means a parcel of land having frontage or legal access to a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.

Lot, corner means a lot abutting on two or more streets at their intersection, provided that the interior angle of such intersection is less than 135 degrees.

Lot, depth of means the mean horizontal distance between the front and rear lot lines.

Lot lines means the lines bounding a lot.

Lot, through means an interior lot having frontage on two nonintersecting streets.

Lot width means the width of a parcel of land measured at the rear of the specified setback lines.

Manufactured dwelling means a dwelling structure or component thereof as is defined in the Wisconsin Administrative Code One- and Two-Family Uniform Dwelling Code section 20.07(52), which bears the state department of safety and professional services insignia certifying that it has been inspected and found to be in compliance with subchapter V of the Uniform Dwelling Code.

Manufactured home means a dwelling structure or component thereof fabricated in an off-site manufacturing facility for installation or assembly at the building site bearing a HUD label or insignia certifying that it is built in compliance with Federal Manufactured Housing Construction Standards. (Refer to 42 U.S.C. § 5401.)

Mobile home means a transportable factory-built structure designed for long-term occupancy built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Mobile home lot means a parcel of land in a mobile home park of not less than 5,000 square feet and designed for the placement of one mobile home.

Mobile home park means any park, court, plot, parcel or tract of land of at least five acres in size owned by a person, state government, or a local government, and is designed, maintained, intended or used for the purpose of accommodating more than one mobile home, and shall include all buildings used or intended for use in conjunction therewith; however, mobile home parks shall not include automobile motor home or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale. Also excluded are farms where the occupants of the mobile homes work on the farm or are related to the farm owner or operator as father, mother, son, daughter, brother or sister.

Motel means a series of attached, semiattached or detached sleeping units for the accommodation of transient guests.

Nonconforming structure means any structure lawfully used, occupied or erected at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, which structurally does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use, but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall be considered a nonconforming structure and not a nonconforming use.

Nonconforming use means a building or premises lawfully used or occupied on February 21, 1994, or at the time of passage of amendments to this chapter, which use or occupancy does not conform to the regulations of this chapter or amendments thereto.

Occupancy means the residing of an individual or individuals overnight in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

Occupant means the individual or individuals in actual possession of a premises.

Parking area means an area other than a street used for the temporary parking of motor vehicles.

Principal use or building means the main use of the land or building(s) as distinguished from an incidental and subordinate accessory use of land or building(s).

Professional office means the office of a doctor, surveyor, planner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or a member of a recognized profession. When established in a residential district, a professional office shall be incidental to the residential occupation, shall occupy not more than 25 percent of the floor area excluding the garage, only one story of a dwelling unit shall be occupied by such office, only one nonresident person shall be employed, and only one unlighted nameplate, not exceeding six square feet in area, containing the name and profession of the occupant of the premises shall be exhibited.

Public and semipublic uses means governmental and cultural uses, such as administrative offices, fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums, public, private and parochial preschool, elementary and secondary schools, and churches, cemeteries, private clubs and lodges and public storage garages.

Recreational vehicle means a vehicular unit designed as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper or motor home.

Setback means the minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, excluding uncovered steps.

Setback lines means lines established along highways and streets at specified distances from the right-of-way line, which buildings or structures shall be set back of, or outside of, and within which they may not be placed except as hereinafter provided. "Within" the setback line means between the setback lines and the highway or street.

Sign means any identification, description, illustration or device illuminated or nonilluminated that is visible from any public place or is located on private property and exposed to the public and that directs attention to a product, service, place, activity, person, institution, business or solicitation, including a permanently installed or situated merchandise or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information with the exception of window displays and flags. For the purpose of removal, signs shall also include all sign structures.

Split two-family dwelling means a dwelling unit type consisting of a single-family residence, which is in complete compliance with the State of Wisconsin One- and Two-Family Dwelling Code (section 101.60-66), which is attached on one side to another single-family residence. A minimum fire separation complying with SPS § 321.08, Wisconsin Administrative Code, providing a vertical separation of all areas from the lowest level to flush against the underside of the roof, is required between each dwelling unit. The two residences shall be located on individual lots. The split two-family dwelling is distinguished from the typical two-unit dwelling merely by having each unit located on an individual lot. This dwelling unit type may not be split into additional residences.

Story means that portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having half or more of its height above grade shall be deemed a story for purposes of height regulation.

Story, half, means the space under any roof except a flat roof, that, if occupied for residential purposes, shall be counted as a full story.

Street means all property dedicated or intended for public street purposes.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street.

Structural alterations means any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.

Structure means anything constructed or erected which is not readily or usually relocated and moved, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

Swimming pool means a container either temporarily or permanently constructed upon or within the ground so designed as to contain water exceeding 12 inches in depth and having an area greater than 150 square feet that is used primarily for swimming.

Temporary structure means a movable structure not designed for human occupancy nor for the protection of goods or chattels and forming an enclosure.

Traffic lane means a strip of roadway intended to accommodate a single line of moving vehicles.

Yard means an open space on the same lot with or without a structure, unoccupied and unobstructed from the ground upward except for vegetation and as otherwise provided herein. The street and rear yards extend the full width of the lot.

Yard, front means a yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps. On a corner lot, the front yard will be the yard with the larger lot width measured at the rear of the specified setback line.

Yard, rear means a yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps.

Yard, side means a yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building or driveway and side lot line.

(Ord. of 2-21-94(2), § 2; Ord. of 7-17-95; Ord. No. 78-10, § I, 6-14-99; Ord. of 2-14-00(1), § I(2); Ord. No. 78-10(1), § I, 11-12-01; Ord. No. 78-10(2), § I, 11-12-01; Ord. of 10-11-10(2), § I; Ord. of 7-27-15(1), § I(1); Ord. of 09-12-2016(1), § I)

Cross reference— Definitions generally, § 1-2.

(a)

[Generally.] No lot shall be used and no building shall be erected except in conformance with the following schedule:

(b)

Lot width requirement for lots fronting on the bulb of a cul-de-sac street or on the outside radius of a minimum 90-degree curved street. Lots which front on the bulb portion of a cul-de-sac street or on the outside radius of a minimum 90-degree curved street shall have a minimum lot width of 30 feet.

(Ord. of 2-21-94(2), § 8; Ord. No. 78-11, § I, 5-10-99; Ord. No. 78-11, § I, 10-9-00; Ord. No. 78-10(2), § I, 11-12-01; Ord. No. 78-11, § I, 11-12-01; Ord. No. 78-11(2), § I, 3-11-02)

(a)

Purpose. The purpose of this section is to prevent or alleviate the congesting of the public streets and highways and promote the safety and welfare of the public by establishing minimum requirements for highway setback, off-street parking and unloading in accordance with the use to which the property is put.

(b)

Highway setback. Setback requirements are as follows:

(1)

Class 1 Highways. Class 1 highways are village roads.

(2)

Class 2 Highways. Class 2 highways are country trunk highways.

(3)

Class 3 Highways. Class 3 highways are state trunk highways.

(4)

Structures prohibited within setback lines. No new building, new sign or other new structure or part thereof shall be placed between the setback lines established by this chapter and the highway except as provided by this chapter; and no building, sign, or structure or part thereof existing within such setback lines on the effective date of the ordinance from which this chapter is derived shall be altered, enlarged or added to in any way that increases or prolongs the permanency thereof, or be reconstructed in its original existing location after having been destroyed by fire, storm or other catastrophe to the extent of 60 percent or more of its last assessed value.

(5)

Structures permitted within right-of-way lines. The following kinds of structures may be placed between the outer right-of-way line and the highway:

a.

Open fences.

b.

Telephone, telegraph and power transmission poles and lines, pad-mounted transformers and microwave relay structures may be constructed within the right-of-way lines.

c.

Underground structures not capable of being used as foundations for future prohibited overground structures.

This subsection shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees; however, no building or structure, trees or shrubbery shall be so located, maintained or permitted to grow in the clear sight triangle.

The clear sight triangle is a triangle formed by the right-of-way lines of two intersecting streets and a third straight line. The third straight line shall connect with the street right-of-way lines at points 20 feet from the intersection of the street right-of-way lines.

In the clear sight triangle, obstruction shall not be permitted between the heights of 2½ feet (30 inches) and ten feet above the mean street grade. Any hedge, tree, shrub or growth that exceeds such 2½ feet is hereby declared a public nuisance.

(6)

Setback distances. Except as otherwise provided, the distance from the right-of-way line to the setback line applicable to the various classifications of highways, as defined by subsection (b)(2) of this section, shall be as provided by the following paragraphs of this subsection, respectively.

a.

Whenever a highway is improved to a classification requiring a greater setback distance than that required by this chapter prior to such improvement, the setback distance shall be that applicable to the later classification.

b.

In cases where the provisions of this section may be interpreted to provide for different setback distances, the greater setback distance shall prevail.

c.

Along highways generally. The minimum setback distances from the road easement or the right-of-way line, at any point, for the respective classes of highways shall be as follows:

Class 1 highways, setback distance 30 feet.

Class 2 highways, setback distance 30 feet.

Class 3 highways, setback distance 35 feet.

On corner lots recorded in the county register of deeds' office, may provide only 50 percent of the required setback on one of the two front yards.

(c)

Minimum off-street parking required. In all zoning districts, unless otherwise herein provided, all newly established uses and all uses which are expanded shall provide off-street parking and unloading space in accordance with the standards set forth in this section.

Each regular parking stall shall be no less than nine feet in width and 20 feet in length with a total square footage not to be less than 200 square feet. Parking stalls to accommodate handicapped persons shall be designed with dimensions and area in accordance with state law.

(d)

Unloading requirements for the B-1, B-2 and M-1 districts. There shall be provided, at the time any building is erected or expanded, off-street loading space in accordance with the following requirements. For the purpose of this subsection, a loading space will be so designed and maintained as to accommodate the type of delivery vehicles contemplated, but shall not be less than 12 feet wide and 30 feet in length, shall be hard surfaced with a dustless all-weather material capable of bearing a live load of 200 pounds per square foot, shall be located on the same lot as the use served, and shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the village board.

(Ord. of 2-21-94(2), § 11; Ord of 10-13-08(4), § I; Ord. of 1-10-22, § I; Ord. of 1-8-24(2))

(a)

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

(1)

Sound. The volume of sound inherently and recurrently generated shall not exceed the following standards at any point along the boundaries of the zone in which the use is located:

a.

Objectionable sounds of an intermittent nature shall be controlled so as not to become a nuisance to adjacent uses; and

b.

Maximum sound pressure levels shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association and shall not exceed the values for octave bands lying within the several frequency limits given in the following table after the application of appropriate corrections:

B-1 and B-2 Districts

Manufacturing District

(2)

Vibration. An operation which creates vibrations that can be measured without instruments, e.g., heavy drop forges, heavy hydraulic surges, shall be set back:

a.

In all B districts, a distance of not less than 500 feet from all lot lines except where a lot line abuts an M-1 district, in which case no setback is required; and

b.

In an M-1 district, a distance of not less than 500 feet from the district boundaries.

(3)

Radioactivity. No operation shall be permitted which causes radioactivity in violation of title 10, chapter 1, part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," dated June 16, 1957, or any subsequent revisions or amendments.

(4)

Odor.

a.

In A, C, and all B districts, no emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.

b.

In an M-1 district, no emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along district boundaries without use of instruments and in such quantity as to be a public nuisance or hazard beyond lot lines shall be permitted.

(5)

Toxic or noxious matter. No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business, shall be permitted.

(6)

Glare. No direct or reflected glare from any M-1 district shall be detectable from any R district boundary.

(7)

Heat. No direct or reflected heat from any M-1 district shall be detectable from any R or B district boundaries.

(8)

Dust. No solid or liquid particles shall be emitted in concentrations exceeding 0.3 grain per cubic foot of the conveying gas or air.

(9)

Fly ash. No emission of fly ash in excess of the quantity specified in the following table shall be permitted:

For heat content between any two consecutive heat contents given in the table, the fly ash limitation shall be as determined by interpolation.

(10)

Smoke. No emission of smoke from any source, as measured on the Ringelmann chart published by the United States Bureau of Mines, shall be permitted in excess of:

a.

In all B districts, a density described as Ringelmann no. 2, provided that a density equal to Ringelmann no. 3 may be emitted for not more than three minutes in any 15 consecutive minutes; and

b.

In the M-1 district, a density described as Ringelmann no. 3.

(Ord. of 2-21-94(2), § 15)