(a)

Intent. It is the intent of the accessory dwelling provisions to provide for housing options for the extended family and certain specified segments of the population. These regulations are established to permit modification of single- family dwellings to include an accessory dwelling unit to be occupied by no more than two persons who are either handicapped, over the age of 60 years old, or related to the owner occupant. It is not the intent of these regulations to allow accessory dwellings to be used as income or rental property.

(b)

Owner occupancy. The property owner of the single-family residence shall occupy the principal dwelling unit. For the purpose of this section, "property owner" means the title holder and/or contract purchaser of the lot.

(c)

Building design. An accessory dwelling may be a separate, complete housekeeping unit provided, however, that it is substantially contained within the structure of the single-family dwelling and clearly a subordinate part thereof. Permissible modifications to the structure include expansion of the structure so long as all regulations for that zoning district are met. The creation of a separate entrance at the side or rear so long as it is not visible from the street is also permissible. The accessory apartment shall not exceed 600 square feet of floor area or 30 percent of the entire floor area of the dwelling, whichever is less. Any external modification shall be done with a design and materials similar in appearance to the principal structure such that to the maximum extent possible, the external appearance of the dwelling will remain as a single-family dwelling.

(d)

Dimensional requirements. All requirements, including maximum lot coverage and maximum height requirements, as well as minimum yard requirements of the zoning district, shall be met.

(e)

Parking. At least one off-street parking space shall be required for an accessory dwelling, in addition to the required amount for the principal dwelling.

(f)

Utilities. The accessory dwelling shall be connected to the central water and sewer system of the principal dwelling. There shall not be a separate metering system for the accessory dwelling.

(g)

Affidavit. The property owner shall sign an affidavit before a notary public affirming that the owner occupies the principal dwelling unit.

(h)

Covenant. The property owner shall provide a covenant suitable for recording with the Calumet County Register of Deeds providing notice to future owners or long-term lessors of the property that the existence of the accessory dwelling unit is predicated upon the occupancy of the principal dwelling by the person to whom the certificate of occupancy has been issued. The covenant shall also require any owner of the property to notify a prospective buyer of the limitation of this section and any conditions of approval for the accessory dwelling, and to provide for the removal of improvement added to convert the premises to an accessory dwelling and the restoration of the site to a single-family dwelling in the event that any condition of approval is violated. The plan commission and village board shall approve the covenant.

(Ord. No. 10-147, § 5.1, 7-27-2010)

(a)

Purpose. The purpose of this section is to provide regulations for limited nonresidential uses that are conducted by an occupant of the residence which are compatible with the surrounding residential properties.

(b)

Intent of classifications.

(1)

Home occupations are such businesses, professions, occupations, or a trade that are clearly incidental and subordinate to the use of the building as a dwelling and is conducted entirely within the principal dwelling unit. Such home occupation shall not change the essential residential character or appearance of the dwelling and shall meet the requirements of subsection (d), home occupation standards. Examples of a home occupation include, but is not limited to:

a.

Home offices (such as engineer, architect, or real estate).

b.

Music instruction.

c.

Traveling dealers (where business is conducted not at the dealer's home but at a customer's home).

(2)

Home businesses are such businesses conducted on the same lot as, and in conjunction with, the primary residence of the operator. Such home business shall not change the essential residential character or appearance of the dwelling and shall meet the requirements of subsection (e), home business standards. Examples of a home business include, but is not limited to:

a.

Trade or contractor establishments (such as plumbing, heating and air conditioning, excavating, general carpentry, and woodworking and craftsmanship, painting, electrical).

b.

Barber/beauty shops.

c.

Canning, preserving and home bakeries for sales off-site.

d.

Catering.

e.

Cleaning services.

f.

Photo developing.

g.

Small engine repair.

h.

Daycare facilities licensed by the state.

(3)

Exemptions. The following businesses, and those similar, are not considered home occupations and shall be exempt from this section:

a.

Traditional babysitting services (typically operated by a teenager).

b.

Traveling in-home dealers or salesmen, provided no customers come to the dealers home.

(c)

Permit procedure.

(1)

Home occupations. Home occupations complying with the criteria established in subsection (d) shall be considered minor in character and permitted by right with no permit required.

(2)

Home businesses. Home businesses complying with the criteria established in subsection (e) shall commence only after the receipt of a home business permit and payment of the application fee as set forth in the zoning fee schedule, reference this code section.

(d)

Home occupation standards. All home occupations shall comply with the following standards:

(1)

Use. A home occupation or activity shall be clearly incidental and subordinate to the use of the premises as a dwelling, and shall be carried on wholly within the residential dwelling by a member of the family residing on the premises.

(2)

Operator. No person other than members of the family residing on the premises shall be engaged in such occupation.

(3)

Size. The total area used for the home occupation shall take up no more than 25 percent of the habitable dwelling area.

(4)

Dwelling alteration. No internal or external alterations or special construction of the premises are involved, including the creation of a separate or exclusive business entrance, and there shall be no other exterior indication that a home occupation exists, except as provided in this section.

(5)

Nuisance. No equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, X-rays or electrical disturbance to radio or television transmission in the area that would exceed what is normally produced by a dwelling unit in a residential zoning district.

(6)

Customers. No generation of substantial volumes of vehicular or pedestrian traffic or parking demand is created. Visitors in conjunction with the home occupation (clients, pupils, sales persons, etc.) will be limited to no more than two visitors at one time.

(7)

Vehicles. No more than one vehicle shall be used in connection with a home occupation use. The home occupation vehicle must be of a type ordinarily used for conventional passenger transportation (i.e., passenger automobile or vans and pickup trucks).

(8)

Storage and display. No outdoor display or storage of materials, goods, supplies or equipment shall be allowed.

(9)

Signage. A home occupation use shall be limited to one nonilluminated wall sign that does not exceed four square feet in area.

(10)

Sales. Sale and/or rental of product is permitted on an appointment basis only.

(11)

Restrooms. If customers or employees are present or expected, then restroom facilities that meet all village and state building codes shall be provided.

(12)

Parking. Off-street parking shall be available for customers and employees.

(e)

Home business standards. All home businesses shall comply with the following standards:

(1)

Use. A home business or activity shall be clearly incidental and subordinate to the use of the premises as a dwelling, and shall be carried on wholly within an enclosed structure by a member of the family residing on the premises.

(2)

Operator. Only one person may be employed on the site in connection with the home business who is not an actual resident of the dwelling unit.

(3)

Size. The total area used for the home occupation shall take up no more than 25 percent of the dwelling area (including attached garage) or be located in a permitted accessory building.

(4)

Dwelling alteration. No internal or external alterations or special construction of the premises are involved, including the creation of a separate or exclusive business entrance, and there shall be no other exterior indication that a home businesses exists, except as provided in this section.

(5)

Nuisance. No equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, X-rays or electrical disturbance to radio or television transmission in the area that would exceed what is normally produced by a dwelling unit in a residential area.

(6)

Customers. No generation of substantial volumes of vehicular or pedestrian traffic or parking demand is created. Visitors in conjunction with the home occupation (clients, pupils, sales persons, etc.) will be limited to no more than two visitors at one time.

(7)

Vehicles. No more than one vehicle shall be used in connection with a home occupation use. The home occupation vehicle must be of a type ordinarily used for conventional passenger transportation (i.e., passenger automobile or vans and pickup trucks).

(8)

Storage and display. No outdoor display or storage of materials, goods, supplies or equipment shall be allowed.

(9)

Signage. A home occupation use shall be limited to one nonilluminated wall sign that does not exceed four square feet in area.

(10)

Sales. Sale and/or rental of product is permitted on an appointment basis only.

(11)

Restrooms. If customers or employees are present or expected, then restroom facilities that meet all village and state building codes shall be provided.

(12)

Parking. Off-street parking shall be available for customers and employees.

(f)

Existing home occupations. Nonconforming home occupation uses that were established legally prior to the enactment of this chapter may be continued as legal nonconforming home occupation uses. However, no expansion of the existing nonconforming home occupation shall be permitted.

(Ord. No. 10-147, § 5.2, 7-27-2010)

(a)

Purpose. The purpose of this section is to regulate solar energy systems as allowed by Wis. Stats. § 66.0401 and § 66.0403 in order to preserve and protect the public health, safety, and general welfare of the residents of the village. It is not the intent of this section to significantly increase the cost of a solar energy system or significantly decrease its efficiency.

(b)

Permit required. No person, business, corporation, or other entity shall be allowed to construct a solar energy system within the village without first obtaining a permit as required herein.

(c)

Required materials. All solar energy permits shall submit to the zoning administrator the following information. Omission of one of the following is cause for an incomplete application and such application will not be reviewed.

(1)

A written application shall be submitted on forms and in a manner prescribed by the village.

(2)

An application fee as set forth in the zoning fee schedule, reference this code section.

(3)

Detailed plans for the installation and location of the solar energy system. Such plans shall include, at a minimum, the following:

a.

A site plan showing the exact location of the solar energy system.

b.

A narrative explanation or description of the size and nature of the solar energy system.

c.

Detailed specifications of the solar energy system sufficient to make a determination necessary to meet the requirements under subsection (d), permit approval.

d.

Color photos of the proposed site and surrounding properties showing locations of existing vegetation.

(d)

Permit approval.

(1)

Upon receipt of a completed application for a solar energy system, the zoning administrator shall review the detailed plans and specifications for the solar energy system, and may involve other departments of the village, consultants, and/or experts, as needed.

(2)

Upon review, the zoning administrator shall decide to approve, deny, or conditionally approve the application, however, an application may only be denied or conditionally approved in accordance with Wis. Stats. §§ 66.0401 and 66.0403. No approval for any solar energy system may be granted unless the following design criteria are met:

a.

A free-standing solar energy system shall be setback from all property lines a distance equal to its total height and shall not exceed an overall height of 20 feet.

b.

Roof or wall mounted solar energy systems shall not project more than five feet above the roof peak of the structure it is installed on and shall not exceed the maximum height allowed for structures in the applicable zoning district.

c.

A solar energy system shall be located no closer to the front lot line than is the principal structure.

d.

By issuance of a solar energy system permit, the applicant understands that no adjoining property owner shall be required to remove structures or vegetation that may block sunlight to the solar energy system.

e.

Adjacent property owners within 300 feet of a proposed solar energy system being installed shall be notified by the village by certified mail.

(e)

Trimming of vegetation. The applicant understands that no adjoining property owner is required to remove and/or trim any vegetation planted prior to installation of the solar energy system.

(Ord. No. 10-147, § 5.3, 7-27-2010)

(a)

Definitions.

Solid fuel-fired outdoor heating device. Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors or is intended to be situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.

Stacks or chimneys. Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel-fired heating device; especially that part of such structure extending above a roof.

(b)

Permits. The owner of the solid fuel-fired outdoor heating device shall obtain a zoning permit and HVAC permit from the village before installing a solid fuel-fired outdoor heating device.

(c)

Regulations.

(1)

All solid fuel-fired outdoor heating devices shall be tested and listed by an accepted testing agency.

(2)

All solid fuel-fired outdoor heating devices shall be provided with written documentation from the manufacturer that the device meets all applicable Environmental Protection Agency (EPA) or state emission criteria.

(3)

All solid fuel-fired outdoor heating devices must be installed in accordance with all codes and manufacturer's guidelines.

(4)

All solid fuel-fired outdoor heating devices shall, in addition, be operated and maintained as follows:

a.

Fuel shall be only natural untreated wood, or other solid fuel specifically permitted by the manufacturer such as corn or other pellets specifically designed for the solid fuel-fired outdoor heating device.

b.

The following fuels are prohibited:

1.

Processed wood products other than wood.

2.

Petroleum in any form.

3.

Rubber.

4.

Plastic.

5.

Garbage.

6.

Painted wood or treated wood.

7.

Any other items not specifically allowed by the manufacturer.

(5)

All solid fuel-fired outdoor heating devices shall only be operated from September 1 through May 31.

(6)

The solid fuel-fired outdoor heating device shall have a chimney height that meets the manufacturer's specifications.

(d)

Location. A solid fuel-fired outdoor heating device may be installed in the village in accordance with the following provisions:

(1)

The solid fuel-fired outdoor heating device shall be located at least 150 feet from all exterior property lines.

a.

The plan commission may conditionally approve a location less than 150 feet from all exterior property lines on a case by case basis due to lot size, distance to adjacent residences, device efficiency, or any other information deemed pertinent by the plan commission.

(2)

Solid fuel-fired outdoor heating devices shall be prohibited in all zoning districts except General Agricultural (AG) and Rural Residential (RR).

(e)

Nuisance. Should any solid fuel-fired outdoor heating device permitted under this chapter become hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, or a hazard to the public roadway as determined by the building inspector and/or fire chief, then the owner shall correct, improve or abate the nuisance using whatever means are necessary in accordance with this section. If the nuisance cannot be abated then operation of the device shall be discontinued until a solution to the nuisance can be found.

(f)

Penalties. Any person, firm, corporation, business or entity who fails to comply with any provisions of this section shall, upon conviction thereof, forfeit an amount as set forth in the zoning penalty schedule, reference this code section, plus the cost of prosecution for each violation. Each day of violation shall represent a separate violation of this section as described herein.

(g)

Existing nonconforming solid fuel fired outdoor heating devices. The lawful use of a nonconforming solid fuel fired outdoor heating device existing at the time of adoption or amendment of this section may be continued although such device does not conform to the provisions of this section.

(1)

If a nonconforming solid fuel fired outdoor heating device is abandoned or its use is discontinued for a period of 12 consecutive months, such outdoor heating device shall not be permitted to be reestablished unless it conforms to the requirements of this section.

(2)

If a nonconforming solid fuel fired outdoor heating device is replaced, a permit shall only be issued if the requirements of this section are met.

(Ord. No. 10-147, § 5.4, 7-27-2010; Ord. No. 11-162, 11-29-2011)

(a)

Outdoor storage and display in nonresidential districts. The following regulations shall apply to outdoor storage or displays in nonresidential districts:

(1)

The outdoor display of goods including items such as firewood and mulch shall be controlled by the following regulations:

a.

The outdoor display of merchandise shall not interfere with off- street parking spaces or the safe and unobstructed use of vehicular, emergency, or pedestrian access ways or walkways.

b.

The outdoor display of merchandise outside of the adjacent building shall not be located in any required setback on the lot.

c.

All permitted outdoor display shall be maintained in a neat and orderly fashion.

(2)

The outdoor storage of business property, goods, wares or merchandise that is not located in a specific area for customer viewing or immediate sale shall be controlled by the following regulations:

a.

The outdoor storage areas shall not interfere with off-street parking spaces or the safe and unobstructed use of vehicular, emergency, or pedestrian access ways or walkways.

b.

Outdoor storage areas shall not be located in any established front yard, required side or rear setback area on the lot. However, in the case of a double frontage lot, outdoor storage may be located in the established front yard opposite the front yard from which the principal structure is addressed.

c.

Outdoor storage areas shall be required to be screened with wood or vinyl fence or a wall. Such fence or wall shall complement the exterior color of the principal building.

d.

All permitted outdoor storage shall be maintained in a neat and orderly fashion.

(Ord. No. 10-147, § 5.5, 7-27-2010)

(a)

Intent. It is the intent of this section to permit resource extraction uses in agricultural or industrial areas as a temporary or transitional use with assurances that later re-use for other permissible uses and structures is possible.

(b)

Existing operations. The requirements of this section shall not apply to existing operations permitted prior to the effective date of this chapter, unless the existing operation applies for and receives approval to expand the permitted area.

(c)

Uses and operations. Uses or operations shall be approved pursuant to article XI, Conditional Use Permits, and shall include, but is not limited to, the removal for sale or processing of topsoil, fill, sand, gravel, rock or any mineral. Processing may include crushing, washing or refining. Storing or stockpiling of such materials on the site is permissible. Permissible uses may also include concrete or asphalt manufacturing.

(d)

Area and setback requirements. The parcel(s) shall consist of a minimum of five acres with dimensions sufficient to adequately accommodate the proposed uses with minimum adverse affects on adjacent lands. No operations shall be permitted within 50 feet of any exterior boundary of the tract. No operations shall be permitted within 250 feet of any building intended for human occupancy existing at the time of permit application, unless written permission from the property owner has been obtained. For operations involving blasting, processing or manufacturing, the plan commission and/or village board may increase required setbacks as a condition of approval. Adjoining operations are not subject to the exterior lot line setback that is shared by those operations, if agreed to by the adjoining landowner or operator.

(e)

Location. Location shall be appropriate to existing development and development which may reasonably be expected within the time period specified herein for permits. The site shall be so located as to make it unnecessary to conduct trucking operations on any platted street in a residential subdivision.

(f)

Plan of operation. Each application for a conditional use permit shall be accompanied by a plan of operation for the site including the following information:

(1)

Statement of ownership of the parcel and control of the operations.

(2)

Extent of the area to be excavated.

(3)

Location, width and grade of all easements or rights of way on or abutting the parcel.

(4)

Existing topography by four-foot contour intervals; existing watercourses and drainageways; existing vegetation and soils; depth to groundwater; and existing buildings or structures.

(5)

Cross section showing extent of extraction and the water table.

(6)

Estimated type and volume of excavation; method(s) of extracting and processing; and the sequence of operations.

(7)

Proposed equipment and proposed locations of equipment; proposed areas for ponding; proposed drainage modifications; proposed processing and storage areas; proposed interior roads and ingress and egress to the site; and proposed areas for the disposition of over-burden or topsoil.

(g)

Plan of restoration. An approved reclamation plan shall be provided in compliance with NR 135, Wis. Admin. Code. At the time of application for the conditional use permit, the applicant shall have a draft reclamation plan developed in accordance with specifications provided by the East Central Wisconsin Regional Planning Commission (ECWRPC). If the conditional use permit is granted, the applicant shall submit a final reclamation plan to the county, with a copy forwarded to the village, which has been approved by ECWRPC, prior to beginning resource extraction activities.

(h)

Time limitations. No conditional use permit shall be issued for a period exceeding eight years consisting of not more than six years for the operational phase and not more than two years for the restoration phase. Upon expiration of the operational phase, the applicant may request and receive extensions of this phase for five-year periods unless the applicant fails to substantially comply with the requirements of the conditional use permit. If such extension is denied, the applicant shall complete the restoration phase within the two-year time period specified.

(i)

Financial assurance. To insure completion of the restoration phase, each applicant shall submit a performance bond or other financial guarantee sufficient in amount to cover the restoration expense relative to the proposed operation or extension thereto to Calumet County.

(Ord. No. 10-147, § 5.6, 7-27-2010)

(a)

Purpose and intent. The purpose of this section is to establish general guidelines for the siting of towers and antennas in accordance with Wis. Stats. § 66.0404. The intent of this section is to:

(1)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community.

(2)

Strongly encourage the joint use of new and existing tower sites.

(3)

Encourage users of towers and antennas to locate, to the extent possible, in areas where the adverse impact on the community is minimal.

(4)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.

(5)

Enhance the ability of the providers of wireless communication services to provide such services to the community quickly, effectively, and efficiently.

(b)

Definitions. For the purposes of this section, the following terms are defined:

Alternative tower structure shall mean man-made structures such as light poles, elevated tanks, electric utility transmission line towers, nonresidential buildings, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna shall mean any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

Governing authority shall mean the governing authority of the village.

Height shall mean, when referring to a tower or other structure, the distance measured from grade at the base of the tower or structure to the highest point on the tower or structure, even if said highest point is an antenna.

Pre-existing towers and antennas shall have the meaning set forth in subsection (c)(4).

Tower shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, PCS towers, alternative tower structures, and the like.

(c)

Applicability.

(1)

District height limitations. The requirements set forth in this section shall govern the location of towers that exceed, and antennas that are installed, at a height in excess of the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas, however, in no case shall any tower (including antennas), exceed a height of 200 feet or FAA limitations, whichever is less.

(2)

Public property. Antennas or towers located on property owned, leased, or otherwise controlled by the governing authority may be constructed to a height of 150 feet or FAA limitations, whichever is less, provided a license or lease authorizing such antennas or tower has been approved by the governing authority.

(3)

Amateur radio: receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 40 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively as a receive-only antenna.

(4)

Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this chapter shall not be required to meet the requirements of this section, other than the requirements of subsections (d)(4) and (5) unless a previous permit was conditioned upon compliance with new regulations. Any such towers or antennas shall be referred to in this article as "pre-existing towers" or "pre-existing antennas".

(d)

General guidelines and requirements.

(1)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2)

Inventory of existing sites. Each applicant for an antenna and or tower shall provide to the planning department an inventory of all existing towers that are within a three-mile radius of the proposed site, including specific information about the location, height, and design of each tower. The planning department may share such information with other applicants applying for administrative approvals or conditional use permits under this section, or other organizations seeking to locate antennas within the jurisdiction of the village, provided, however, that the planning department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(3)

Aesthetics and lighting. The guidelines set forth in this subsection shall govern the location of all towers and the installation of all antennas, provided, however, that the governing authority may waive these requirements if it determines that the intent of this section is better served thereby.

a.

Towers shall maintain a galvanized steel finish, or, be subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

b.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

d.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

e.

Towers and antennas shall not be used for displaying any advertising. If FCC rules require that the owner's name be shown on the tower or antennae, it shall be posted no more than six feet above the ground on a placard no larger than two square feet.

(4)

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna by the governing authority at the owner's expense.

(5)

Building codes, safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with the standards contained in applicable state and local building codes, and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the governing authority may authorize removal of such tower at the owner's expense.

(e)

Permitted uses.

(1)

General. The uses listed in this subsection are deemed to be permitted uses and shall not require a conditional use permit. Nevertheless, all such uses shall comply with subsection (d) and all other applicable sections. All permitted uses shall require staff review prior to issuance of any permit.

(2)

Specific permitted uses. The following uses are specifically permitted:

a.

Installing an antenna on an existing structure other than a tower (such as elevated tanks, electric utility transmission line towers, or nonresidential buildings), so long as said additional antenna adds no more than 20 feet to the height of said existing structure; and

b.

Installing an antenna on an existing tower, including a pre- existing tower, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as any accessory building does not exceed 150 square feet per user.

(f)

Conditional use permits.

(1)

General. The following provisions shall govern conditional use permits:

a.

All applications shall include, at a minimum, the information contained in Wis. Stats. § 66.0404(2)(b). If the village does not believe that the application is complete, the village shall notify the applicant in writing, within ten 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.

b.

If the tower or antenna is not a permitted use under subsection (e)(2), then a conditional use permit, pursuant to the procedures in article XI, Conditional Use Permits, shall be required prior to construction of any tower, or the placement of any antenna.

c.

Towers and antennas may only be located in the general agricultural (AG), community commercial (CC), business park (BP), and industrial and manufacturing (IM) zoning districts, except that amateur radio towers or antennas may be allowed in residential districts.

d.

If a conditional use permit is granted, the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

e.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.

(2)

Information required. Each applicant requesting a conditional use permit under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this section.

(3)

Factors considered in granting conditional use permits. The governing authority shall consider the following factors in determining whether to issue a conditional use permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority concludes that the purpose and intent of this section is better served thereby.

a.

Height of the proposed tower.

b.

Capacity of the tower structure for additional antenna equipment to accommodate expansion, or to allow for co-location of another provider's equipment.

c.

Proximity of the tower to residential structures and residential district boundaries.

d.

Nature of uses on adjacent and nearby properties.

e.

Surrounding topography.

f.

Surrounding tree coverage and foliage.

g.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

h.

Proposed ingress and egress.

i.

Availability of suitable existing towers and other structures as discussed in subsection (f)(4).

(4)

Co-location.

a.

Any proposed wireless communication tower and tower site shall be designed structurally, electrically, and in all respects to accommodate co-location of both the applicant's antenna(s) and comparable antenna(s) for at least two additional users. Towers and tower sites shall be designed to allow for future rearrangement of antennas upon the tower, to accept antennas mounted at varying heights, and to accommodate supporting buildings and equipment.

b.

The holder of a permit for a tower, excepting amateur radio towers and sites, shall allow co-location for at least two additional users and shall not make access to the tower and tower site for the additional users economically unfeasible. If additional user(s) demonstrate (through independent arbitrator or other pertinent means) that the holder of a tower permit has made access to such tower and tower site economically unfeasible, then the permit shall become null and void.

c.

No new tower, excepting amateur radio towers and sites, shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

1.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

2.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

3.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

4.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

5.

The fees, costs, or contractual provisions required by the owner to share an existing tower or structure or to adapt an existing tower.

6.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(5)

Setbacks and separation. The following setbacks and separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the governing authority may, reduce the standard setbacks and separation requirements if the purpose and intent of this section would be better served thereby.

a.

Towers must be set back a distance equal to the height of the tower from any off-site residential structure.

b.

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.

c.

Exceptions. Wis. Stats. § 66.0404(2)(g), if an applicant provides the village with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required herein, that setback does not apply to such a structure unless the village provides the applicant with substantial evidence that the engineering certification is flawed.

(6)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the governing authority may waive such requirements if the purpose and intent of this section would be better served thereby.

a.

Tower facilities shall be landscaped with a mixture of deciduous and evergreen trees and shrubs that effectively screens the view of the tower compound from adjacent properties. The standard buffer shall consist of a landscaped strip at least six feet wide outside the perimeter of the compound.

b.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether by the governing authority.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, natural growth around the property perimeter may be sufficient buffer.

(7)

Financial guarantee. A bond with a corporate surety, duly licensed in the state, in the amount of $20,000.00 shall be provided to assure that the applicant, its representatives, its agents, and its assigns will comply with all the terms, conditions, provisions, requirements, and specifications contained in this chapter, including abandonment. The bond amount shall be recalculated every five years based on the Consumer Price Index over that period of time. The village shall be named as oblige in the bond and must approve the bonding company.

(8)

Approvals. In accordance with Wis. Stats. § 66.0404(2)(d), within 90 days of its receipt of a complete application, the village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the village may agree in writing to an extension of the 90-day period:

a.

Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances.

b.

Make a final decision whether to approve or disapprove the application.

c.

Notify the applicant, in writing, of its final decision.

d.

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(g)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove such antenna or tower and associated equipment and structures within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the governing authority may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ord. No. 10-147, § 5.7, 7-27-2010)

(a)

Purpose. The village finds that, due to their nature, the existence of adult entertainment establishments in the village has serious objectionable operational characteristics, such as an effect upon property values, local commerce and crime. Due to the deleterious combined effect on adjacent areas when such uses are concentrated, they should not be permitted to be located in close proximity to each other. Special regulation of these uses is necessary to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Such regulations are contained in these standards. These standards are designed to protect the village's retail trade, maintain property values, prevent crime and, in general, protect and preserve the quality of the residential neighborhoods, commercial districts and the quality of life.

The village board declares its intent to enact an ordinance addressing the secondary effects of adult entertainment establishments. Among the secondary effects of adult entertainment establishments are the following:

(1)

The potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;

(2)

The potential depreciation of property values in neighborhoods where adult entertainment establishments exist;

(3)

Health risks associated with the spread of sexually transmitted diseases; and

(4)

The potential for infiltration by organized crime for the purpose of unlawful conduct.

The village board has determined that enactment of an ordinance regulating the location of adult entertainment establishments promotes the goal of minimizing, preventing and controlling the above adverse effects and thereby protects the health, safety and general welfare of the citizens of the village, protects the citizens from increased crime, preserved he quality of life, preserves the property values and character of surrounding neighborhoods, and deters the spread of urban blight.

(b)

Intent. It is not the intent of this section to limit or restrict the content of communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

(c)

Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:

Adult bath houses. An establishment which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the state and which establishment provides to its patrons an opportunity for engaging in "specified sexual activities" as defined in this section.

Adult body painting studios. An establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this section, the adult body painting studio shall not be deemed to include a tattoo parlor.

Adult cabaret. Any premises, building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of "specific sexual activities" or "specified anatomical areas" for observation by patrons therein.

Adult establishment. Any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common area of the premises for the purposes of viewing adult-oriented motion pictures; or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for profit, direct or indirect. An adult establishment includes, but is not limited to, "adult media stores" and "adult motion picture theaters".

Adult entertainment. Any exhibition of any motion pictures, live performances, displays or dances of any type, which has as a significant or substantial portion of such performance, or is distinguished or characterized by an emphasis on, any actual or simulated performance of "specified sexual activities", or exhibition and viewing of "specified anatomical areas", appearing unclothed, or the removal of articles of clothing, to reveal "specified anatomical areas".

Adult massage parlors. An establishment or business with or without sleeping accommodations which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the state and which establishment provides for its patrons the opportunity to engage in "specified sexual activity" as defined in this section.

Adult media. Magazines, books, videotapes, movies, slides, DVD or CD-ROMs or other devises used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "explicit sexual material".

Adult media store. An establishment that rents and/or sells media, and that meets any of the following three tests:

(1)

Twenty-five percent or more of the gross public floor area is devoted to adult media.

(2)

Twenty-five percent or more of the stock-in-trade consists of adult media.

(3)

It advertises or holds itself out in any forum as "XXX", "adult", "sex", or otherwise as a sexually oriented business other than an adult media store, adult motion picture theater, or adult cabaret.

Adult modeling studios. An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

Adult motion picture theater. An establishment, held either indoors or outdoors, where, for any form of consideration, films, motion pictures, video cassettes, streaming videos, DVDs, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined herein. This definition shall expressly exclude films, motion pictures, videocassettes, streaming videos, DVDs, slides or other similar photographic given an "R" or "NC-17" rating by the Motion Picture Association of America.

Employee, employ, and employment. Any person who performs any service on the premises of an adult establishment on a full-time, part-time, or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status. Employee does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.

Explicit sexual material. Media characterized by sexual activity that includes one or more of the following: erect male organ,; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.

Gross public floor area. The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas.

Media. Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, DVD and CD-ROMs, other magnetic media, and undeveloped pictures.

Owner or operator. Any person, partnership or corporation operating, conducting, maintaining or owning any adult or sexually oriented establishment.

Premises. The real property upon which the adult establishment is located, and all appurtenance thereto and buildings thereon, including, but not limited to the adult establishment, the grounds, the private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the owner or operator of the business.

Sex shop. An establishment offering goods for sale or rent and that meets any of the following:

(1)

The establishment offers for sale items of adult media or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices, the combination of such items constitutes more than ten percent of its stock in trade or occupies more than ten percent of its gross public floor area.

(2)

More than five percent of its stock in trade consists of sexually oriented toys or novelties.

(3)

More than five percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

Sexually oriented business. An inclusive term used to describe collectively: adult cabaret, adult motion picture theater, video arcade, bathhouse, massage shop, and/or sex shop.

Sexually oriented toys or novelties. Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

Specified anatomical areas.

(1)

Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities. Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, public region, buttock, or female breast.

(d)

Standards. Any violation of the standards set forth in this section is declared to be a public nuisance pursuant to the village board.

(1)

Businesses that carry some sexually oriented media not as the primary stock in trade, less than ten percent of the merchandise is adult entertainment material, shall be subject to the following standards:

a.

Adult media shall be kept in a separate room or section which shall be physically and visually separated from the rest of the store by an opaque wall of durable material, reach at least eight feet high or to the ceiling, whichever is less.

b.

Such room or section shall not be open to any person under the age of 18 years.

c.

The entrance to such area shall be located as far as reasonably practicable from media or other inventory in the store likely to be of interest to children.

d.

Signage shall be provided at the entrance stating that persons under the age of 18 years are not permitted inside.

e.

Controlled access by electronic or other means, such as continuous surveillance by store personnel, shall be provided to assure that persons under age 18 years will not easily gain admission and that the general public will not accidentally enter such area.

f.

No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the general public from sidewalks, walkways, rights-of-way or other properties.

(2)

All other adult establishments. An adult establishment is permitted as a conditional use in the community commercial (CC) zoning district, provided the following provisions are met:

a.

Such use shall not be located within 750 feet of any residential zoning district.

b.

Such use shall not be located within 750 feet of a public or private educational institution (elementary, middle, and high school), place of worship, day care center, library, community-based residential facility or community living arrangement, or nursing home.

c.

Such use shall not be located within 750 feet of a public park/playground or recreational or nature preserve areas.

d.

Such use shall not be located within 750 feet of an establishment licensed to sell or dispense beer, alcohol or intoxicating liquor.

e.

Such use shall not be located within 750 feet of another adult- oriented establishment.

f.

The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the lot upon which the proposed use is to be located, to the nearest point of the zoning district boundary line or the lot from which the proposed use is to be separated.

g.

No adult-oriented establishment shall be situated in such a manner as to allow public view of either its stock in trade or adult entertainment from outside of the establishment.

h.

Nothing in this subsection is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any village ordinance or statute of the state regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter in the exhibition or public display thereof.

i.

No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the general public from sidewalks, walkways, rights-of-way or other properties.

j.

No screens, loudspeakers or sound equipment, videos or photographs shall be used for an adult motion picture theater, whether enclosed or drive-in, that can be seen, heard or discerned by the public off premise.

k.

No portion of the exterior of an adult-oriented establishment shall utilize or contain any flashing lights, search lights, spot lights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically permitted pursuant to article VII, Signs and Billboards.

l.

Further standards may be established as part of article XI, Conditional Use Permit Process, on a case-by-case basis for adult establishment.

m.

Exterior building facades shall be approved by the site plan review committee to ensure the character of the surrounding neighborhood is maintained. In general, blank, window-less, flat walls are prohibited. Architectural design elements shall be added to the exterior façade to help the building blend in with the adjacent buildings and surrounding structures.

(e)

Permits.

(1)

Adult establishment permit required.

a.

A person shall be deemed to have committed a violation of this section if he/she operates an adult establishment without a permit issued by the village. Upon notice of violation, the violator shall forfeit an amount as set forth in the zoning penalty schedule, reference this code section, plus the cost of prosecution. Each day that a violation continues to exist shall constitute a separate offense.

b.

An application for a permit must be made on a form provided by the zoning administrator. The application must be accompanied by a site plan pursuant to article XIII, Site Plan Review.

c.

The applicant shall, within 30 days after the issuance of the permit referred to herein, deliver to the zoning administrator a list containing the names and addresses of all employees. The applicant shall update the list within 30 days of any change or addition of employees.

d.

If a person who wishes to operate an adult establishment is an individual, he/she must sign the application for a permit as the applicant. If a person who wishes to operate an adult establishment is other than an individual, each individual who has an interest in the business must sign the application for a permit as applicant.

e.

The fact that a person possesses other types of state or county permits does not exempt him from the requirement of obtaining a village adult establishment permit.

(2)

Issuance of permit. The village shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless it is found that one or more of the following is true.

a.

Any condition of approval of the conditional use permit has not been satisfied.

b.

An applicant is under 18 years of age.

c.

An applicant is overdue in the payment to the village of taxes, fees, fines, or penalties assessed against or imposed upon them in relation to the adult establishment, including the permit fee required by this chapter.

d.

An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.

e.

An application of the proposed establishment is in violation of, or is not in compliance with, any of the provisions of this chapter.

f.

Prior to the issuance of an adult establishment permit, an inventory of the surrounding area shall be made by a registered land surveyor or the zoning administrator, along with a study of the proposed development and plans for the area.

(3)

Fees. The adult entertainment establishment permit fee as set forth in the zoning fee schedule, reference this code section, shall be paid at the time of application.

(4)

Inspection.

a.

An applicant shall permit representatives of the Calumet County Sheriff's Department, the village fire department, or other village officers or personnel to inspect the premises of an adult establishment for the purpose of insuring compliance with this chapter, at any time it is occupied or open for business.

b.

A person who operates a sexually oriented business or his/her agent or employee commits a violation of this chapter if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(5)

Transfer permit. An applicant shall not transfer an adult-oriented entertainment permit to another person, corporation or entity, nor shall an applicant operate an adult-oriented establishment under the authority of a permit any place other than the address designated in the application.

(f)

Nonconforming uses.

(1)

Any adult establishment lawfully operating as of the adopted date of this chapter, which is in violation of this section, shall be considered a nonconforming use.

(2)

Any adult establishment lawfully operating as of the adopted date of this chapter which meets all separation requirements of this section for protected uses shall be considered a legal conforming use if a protected use opens within the separation distance after an adult establishment permit has been issued.

(Ord. No. 10-147, § 5.8, 7-27-2010)

(a)

Intent. This section is intended to provide for the regulation and control of temporary uses and temporary structures that occur on private property on an intermittent basis or for a specific period of time, not intended to become a permanent use or structure. This administrative procedure will assure that standards are addressed and that the temporary use or temporary structure will not have a negative impact on adjacent properties and neighborhoods.

(b)

Permit required. All temporary uses and structures shall obtain a temporary use permit pursuant to the procedures set forth in this section prior to the establishment of a temporary use or structure, unless otherwise stated in this section.

(c)

Permit applications and fees. Application for a temporary use or structure shall be filed with the zoning administrator on forms provided by the village. Each application shall be accompanied by:

(1)

A site plan drawing, drawn to scale, showing the property lines and dimensions, location of all existing and proposed structures/buildings, parking lot landscaping areas, on-street/off-street parking spaces and drive aisles, driveways, location, size and setback dimensions to property lines of the proposed temporary use and/or structure.

(2)

Other information and plans as may be required by the zoning administrator to determine whether a temporary use/structure permit application should be approved, conditionally approved, or denied. The zoning administrator may also waive any information or plans if deemed it is not necessary.

(3)

Permit fee. The temporary use/structure permit fee as set forth in the zoning fee schedule, reference this code section, shall be paid at the time of application.

(d)

Action upon acceptance of a permit application.

(1)

After acceptance of a complete application, the zoning administrator shall forward each application for a temporary use or temporary structure to all appropriate departments for review, including departments at Calumet County, when concerning food, health, highway traffic, and safety.

(2)

Within ten business days after acceptance of a complete application and after notification to all departments, the zoning administrator shall approve, approve with conditions, or deny such temporary use or temporary structure permit.

(3)

If there is recommendation for denial from a department, the zoning administrator shall reject such temporary use or temporary structure permit in writing to the applicant stating the reasons for denial.

(e)

Time limits on permit applications. All temporary uses and structures shall be confined to the dates specified by the zoning administrator, on the temporary use permit.

(f)

Violations; penalty. Failure to comply with the approved or conditionally approved temporary use permit or the provisions of this chapter, or failure to obtain a temporary use permit shall be a violation of this section. Administration and enforcement shall be as prescribed in section 117-30.

(g)

General standards. All temporary uses and structures shall meet the following requirements:

(1)

Lot and setback requirements.

a.

A temporary use and/or temporary structure shall not occur or be placed on a vacant lot, unless otherwise stated in this section.

b.

A temporary use and/or temporary structure shall comply with the minimum front, rear and side yard setback requirements for the principal structure (development standards) of the zoning district in which the temporary use or temporary structure is located, unless otherwise stated in this section.

c.

A temporary use and/or temporary structure shall not be placed in a fire lane or an area intended for emergency service vehicles.

d.

A temporary use and/or temporary structure that is located in a parking lot shall not occupy more than 20 percent of the available parking spaces for the principal use(s).

e.

A temporary use and/or temporary structure shall not impede the vehicular traffic circulation or the movement of emergency vehicles on the lot.

f.

A temporary use and/or temporary structure shall not be placed in the required interior or perimeter parking lot landscaping areas.

(2)

Outdoor lighting. Temporary uses shall be prohibited from utilizing outdoor lighting fixtures unless they are already available on the lot.

(3)

Parking spaces. All required parking spaces shall be provided on the same lot with the temporary use, unless otherwise stated in this section.

(4)

Food sales. Food sales shall be licensed and/or operated under the requirements of the Calumet County Health Department, state statutes, and village ordinances.

(5)

Sanitary facilities. Arrangement for the use of sanitary facilities shall be made available to all employees, attendants and participants of the temporary use or temporary structure during its operation hours.

(6)

Signs. Temporary uses shall be allowed one sign to display on-premises during the hours of operation. The maximum size of such sign shall not exceed 20 square feet in area.

(7)

Other code requirements. The applicant shall apply for and receive all applicable permits and licenses pursuant to the Municipal Code prior to establishing a temporary use and/or temporary structure on a lot.

(8)

Cleanup. The site shall be completely cleaned of unsold merchandise, debris and temporary structures including, but not limited to: trash receptacles, signs, stands, poles, electrical wiring or any other fixtures and accessories or equipment connected therewith, after the termination of the temporary use or temporary structure.

(h)

Temporary uses. The following temporary uses may be permitted as specified:

(1)

Roadside stands (outdoor sale of seasonal agricultural products).

a.

Permitted zoning districts: AG, RR, CN, COR, CC.

b.

Roadside stands may be allowed on a lot for no more than 120 total days per calendar year.

c.

The provision for parking spaces shall be provided on the same lot with the temporary use.

d.

Roadside stands are exempt from the setback requirements of subsection (g)(1), except that no roadside stand shall be located within the right-of-way or the vision corner, pursuant to section 117-53

e.

Temporary structures associated with the temporary use shall comply with the standards of this section.

(2)

Outdoor Christmas tree sales lot (including incidental sale of Christmas related items).

a.

Permitted zoning districts: AG, RR, CN, COR, CC.

b.

Outdoor Christmas tree sales lot (including incidental sale of Christmas related items) may be allowed on a lot for no more than 45 total days every 12 months.

c.

The provision for parking spaces shall be provided on the same lot with the temporary use.

d.

Hours of operation for an outdoor Christmas tree sales lot (including incidental sale of Christmas related items) shall be limited to 8:00 a.m. to 8:00 p.m. when placed on a residential zoned lot or associated with a residence.

e.

Outdoor Christmas tree sales lot (including incidental sale of Christmas related items) are exempt from the setback requirements of subsection (g)(1), except that no outdoor Christmas tree sales lot shall be located within the right-of-way or the vision corner, pursuant to section 117-53.

f.

Temporary structures associated with the temporary use shall comply with the standards of this section.

(3)

[Reserved.]

(4)

Rummage sales.

a.

Permitted zoning districts: Any district when incidental to a residential dwelling.

b.

No temporary use permit is required pursuant to subsection (b). Provision for parking spaces is not required for rummage sales.

c.

Rummage sales may be allowed on a lot for no more than three consecutive days and that no lot shall be used for more than three such sales in one calendar year.

d.

The display of rummage sale items are exempt from the setback requirements of subsection (g)(1), except that no rummage sale items shall be located within the right-of-way or the vision comer, pursuant to section 117-53.

e.

Temporary structures associated with the temporary use shall comply with the standards of this section.

(5)

Outdoor car washes (including fundraisers or special events).

a.

Permitted zoning districts: COR and CC.

b.

No more than three temporary use permits per lot shall be issued per calendar year.

c.

The maximum time limit per temporary use permit shall be three days.

d.

The provision for parking spaces shall be provided on the same lot with the temporary use.

e.

Outdoor car washes are exempt from the setback requirements of subsection (g)(1), except that no outdoor car washes shall be located within the right-of-way or the vision comer, pursuant to section 117-53.

f.

Temporary structures associated with the temporary use shall comply with the standards of this section.

g.

Water from the outdoor car wash shall not flow onto the roadway, pedestrian areas or parking lot on adjacent properties.

(6)

Outdoor temporary merchandise sales other than roadside stands, outdoor Christmas tree sales, outdoor firework sales/stands, rummage sales, outdoor car washes, and outdoor farmers markets.

a.

Permitted zoning districts: COR and CC.

b.

No more than two temporary use permits per lot shall be issued per calendar year.

c.

The maximum time limit per temporary use permit shall be seven days.

d.

The provision for parking spaces shall be provided on the same lot with the temporary use.

e.

Outdoor temporary merchandise sales are exempt from the setback requirements of subsection (g)(l), except that no outdoor temporary merchandise sales shall be displayed and/or sold within the vision corner, pursuant to section 117-53.

f.

Temporary structures associated with the temporary use shall comply with the standards of this section.

(7)

Temporary model home sales office.

a.

Permitted zoning districts: RS-1, RS-2, RT, or RM.

b.

No temporary use permit is required pursuant to subsection (b), but all the conditions in this section shall be met.

c.

Temporary model home sales offices may be allowed on a lot for the purpose of promoting the sale, or rental of dwellings and/or lots, which are located only within the same residential development or subdivision for a period of three years.

d.

The provision for parking spaces shall be provided on the same lot with the temporary.

e.

There shall be no more than one temporary model home sales office in the residential development or subdivision.

f.

The temporary model home sales office shall be designed as a permanent dwelling that meets all relevant requirements of this chapter and the Municipal Code.

g.

The temporary model home sales office will be converted to residential use after it is used as a temporary model home sales office.

(i)

Temporary structures. The following temporary structures may be permitted as specified:

(1)

Temporary contractor's offices.

a.

Permitted zoning districts: Any district when associated with a construction project.

b.

No temporary use permit is required pursuant to subsection (b).

Provision for parking spaces is not required for temporary contractor's offices.

c.

Temporary contractor's offices may be located on a lot or vacant lot where there is a valid building permit issued for a permanent structure.

d.

Temporary contractor's offices shall be removed from the site upon issuance of a certificate of occupancy permit or upon occupancy of the permanent structure.

e.

Temporary contractor's offices shall be setback at least ten feet from any property line and shall meet the required front yard setback for the principal structure, if possible.

f.

Temporary contractor's offices shall not be located within the vision comer, pursuant to section 117-53.

(2)

Tents or canopies.

a.

Permitted zoning districts: Any district when associated with any permitted temporary use not including temporary model home sales office.

1.

No temporary use permit is required pursuant to subsection (b).

2.

The maximum time limit shall be equal to the allowable time period for the temporary use, where such tent is incidental to the temporary use.

3.

Tents or canopies shall not be located within the vision comer, pursuant to section 117-53.

b.

Permitted zoning districts: CN, COR, CC, BP or IM district when associated with an outdoor display.

1.

No temporary use permit is required pursuant to subsection (b).

2.

The maximum time limit shall be equal to the allowable time period for the outdoor display, where such tent is incidental to the outdoor display.

3.

Tents or canopies shall not be located within the vision corner, pursuant to section 117-53.

(3)

Portable storage units.

a.

Permitted zoning districts: Any district when incidental to a residential dwelling.

1.

No temporary use permit is required pursuant to subsection (b).

2.

A maximum of one portable storage unit not exceeding a gross floor area of 200 square feet shall be permitted on a lot for no more than 30 total days per calendar year.

3.

The portable storage unit shall be placed on an impervious surface.

4.

The portable storage unit shall not be located within the vision comer, pursuant to section 117-53.

5.

Portable storage units shall not be used for the purposes of a garage or shed.

b.

Permitted zoning districts: CN, COR, CC, BP, or IM.

1.

No more the one temporary use permit per business shall be issued per calendar year.

2.

The maximum time limit per temporary use permit shall be 30 days.

3.

Portable storage units shall be placed on an impervious surface.

4.

Portable storage units may be placed on a lot within a designated loading space or in the side or rear yards only.

(4)

Swimming pools (temporary).

a.

Permitted zoning districts: Any district when incidental to a residential dwelling.

b.

No temporary use permit is required pursuant to subsection (b), but all the conditions in this section shall be met.

c.

The temporary swimming pool shall meet the provisions of chapter 103 of this Code.

d.

The temporary swimming pool may be constructed or placed on a lot during the months of April through October during any given calendar year.

e.

The temporary swimming pool shall not be located within any front yard setback area.

(j)

Other temporary uses or temporary structures. The zoning administrator may determine that an unlisted temporary use or temporary structure may be allowed if it is similar in character to other temporary uses or temporary structures listed in this section and meets the intent of this section and chapter.

Table 16. Permitted Temporary Uses and Structures by Type and Zoning District

— = Temporary use type not allowed.
A = Allowed without a temporary use permit.
P = Temporary use permit required.

(Ord. No. 10-147, § 5.9, 7-27-2010; Ord. No. 11-162, 11-29-2011)

(a)

Intent. The intent of allowing for zero lot line development is to accommodate quality single-family housing on an economic scale that facilitates and encourages efficient use of public infrastructure and provide for a diversity of housing options.

(b)

Zoning district. Single-family attached zero lot line developments may be suitable in the Two-Family Residential (RT) and Multiple-Family Residential (RM) zoning districts.

(c)

Zoning district requirements. The zoning district requirements shall be in effect, except that the following shall be substituted:

(1)

Lot area. Minimum requirement per dwelling unit shall apply. If there is not a minimum requirement per dwelling unit, then 50 percent of the district minimum requirement.

(2)

Lot width. Minimum requirement per dwelling unit shall apply. If there is not a minimum requirement per dwelling unit, then 50 percent of the district minimum requirement.

(3)

Side yard setback. The side yard setback shall be zero on one side, provided that the adjoining side yard setback of the lot adjacent to the zero side yard is also zero and the opposite side yard meets the side yard requirement of the zoning district.

(d)

Utilities. Each single-family lot shall be provided separate sanitary sewer lateral, storm sewer lateral (if applicable), water lateral, gas meter, electric meter, and other utilities without such infrastructure passing through an adjoining unit. Foundation drains shall have a separate sump pump located in each dwelling unit.

(e)

Easements. Easements shall be provided across zero lot lines when necessary for provision of water, sewer, and utility services.

(f)

Lot split. All lots shall be divided by Certified Survey Map (CSM) or subdivision plat in compliance with Chapter 115 of the Municipal Code (Land Divisions). A restrictive endorsement shall be placed on the face of the CSM or plat that reads, "When attached single-family dwelling units are created, matters of mutual concern to the adjacent property owners due to construction, catastrophe, use, and maintenance shall be guarded against by private/restrictive covenants and deed restrictions, and no approving authority shall be held responsible for the enforcement of same."

(g)

Common wall. Wherever improvement abut on the common boundary line between adjoining units, there shall be a fire wall running from the lowest floor level, including the basement if it is the common wall, to the underside of the roof sheathing. Such basement wall, if any, shall be waterproofed masonry.

(h)

Occupancy. All units for a zero lot line development shall receive occupancy permits prior to any one unit being occupied.

(i)

Covenants. Private/restrictive covenants shall be recorded with the appropriate County Register of Deeds providing declaration and/or bylaws similar to those typically recorded on a declaration of condominium. Evidence of said recordation shall be submitted to the planning department. Said covenants shall provide for the following:

(1)

Description of the land, building, units, and common elements.

(2)

Include a note that reads, "Harrison and all approving authorities shall not be held responsible for enforcing the private/restrictive covenants, and that said covenants shall inure to all heirs and assigns."

(3)

Provide for mediation of any and all disputes between owners of each unit and any third party with regard to construction, catastrophe, use, and maintenance of the real property.

(4)

Include a provision that reads, "In the event of the total destruction of the building, it shall be determined by agreement of both unit owners whether to rebuild, restore, or sell the property. If damage is only to the unit on one lot, and such damage does not affect the other unit, the damaged units shall be repaired by the owner of that damaged unit."

(5)

Include a note that reads, "The parties hereto agree that the aesthetics of the units are important to the value of the building. Therefore, the exterior color of each unit shall be compatible with each other. Each party may agree in writing to change the original color of the building so long as the color change applies to each unit. No party may change the color of the building so that it is different than the other unit."

(6)

Provision for alterations, maintenance, insurance, amendments, and conveyances.

(a)

It shall be unlawful for any person to operate a Tourist Rooming House (TRH) in the Village of Harrison for more than ten nights each year without a permit issued by the zoning administrator.

(b)

Definitions. For the purposes of this section:

Bedroom is any habitable space in a dwelling unit other than a kitchen or living room that is intended for or capable of being used for sleeping with a door that closes the room off from other common space such as living and kitchen areas, is within the dwelling unit thermal envelope, that is at least 70 square feet in area, exclusive of closets and other appurtenant space, and meets Building Code standards for egress, light and ventilation according to the Uniform Dwelling Code, Wis. Admin. Code Chs. SPS 320-325, or the Uniform Multifamily Dwelling Code, Wis. Admin. Code Ch. SPS 366. A room identified as a den, library, study, office, dining room, or other extra room that satisfies this definition will be considered a bedroom.

Multiple unassociated parties is two or more individuals who separately book accommodations at the same TRH on any shared date.

Operator is a person who is the owner or lessee or authorized agent in charge of property being used as a Tourist Rooming House (TRH) and who is conducting the TRH business by, among other things, interacting digitally and in person with guests and is identified in TRH listings and advertisements as the TRH "host." An operator may not be a LLC, trust, nonprofit, or other corporate entity.

Primary residence is a dwelling unit that serves as an individual's true, fixed and permanent home for at least 183 days in a calendar year and to which, whenever absent therefrom, that individual intends to return. Additional characteristics of a primary residence include, but are not limited to, where an individual receives mail, claims residence for purposes of voter registration, pays for utilities, and lists as their address on state issued identification cards. An individual can have only one primary residence.

Tourist rooming house is a dwelling unit, other than a hotel, motel, bed and breakfast establishment or hostel, in which sleeping accommodations are offered for pay to tourists or transients for stays between one and 30 days. The definition does not include private boarding, lodging or rooming houses not accommodating tourists or transients.

(c)

Application. Any person wishing to operate a TRH shall submit an application in writing to the zoning administrator along with a nonrefundable application fee as outlined in the fee and penalty schedule, reference this Code section. Any submitted application that is not completed and still pending within one year of the date the application is filed and the application fee is paid shall be administratively closed and the applicant must begin the licensing process anew.

(1)

All applications shall state each of the following:

a.

The name and address of the TRH operator.

b.

The address of the proposed TRH.

c.

Whether the TRH operator is the owner or lessee of the property.

d.

Whether the proposed TRH is the primary residence of the operator.

e.

Whether the TRH operator proposes to use the TRH solely for stays of more than six but fewer than 30 consecutive days.

f.

Whether the proposed TRH is contained in a dwelling unit that is subject to rules, regulations, or bylaws of a condominium association.

g.

Any other information the zoning administrator may reasonably require.

(2)

All applications shall be accompanied by documented proof that:

a.

The applicant has registered to pay room tax as required;

b.

In the case of a renter/applicant, a signed lease explicitly allowing the renter to operate a TRH at the property, a copy of the form used to notify property owner of the TRH operation, acknowledgement from property owner that they have been notified of the TRH operation;

c.

In the case of an owner who proposes to operate a TRH in a dwelling unit that is subject to rules, regulations, or bylaws of a condominium association, a letter of permission from the condominium association which states that the operation of a TRH in the dwelling unit is allowed by the condominium association's rules, regulations, or bylaws; and

d.

Any other information the zoning administrator may reasonably require.

(3)

All applications shall be accompanied by the following documentation:

a.

Floor plans of the dwelling unit intended for use as tourist rooming house.

b.

Contact phone numbers and email addresses of both the property owner and TRH operator.

c.

A listing of all websites and places where the TRH operator has advertised and intends to advertise the TRH.

d.

A signed and notarized affidavit stipulating that the TRH is the operator's primary residence or that the TRH will be used solely for stays of more than six but fewer than 30 days.

e.

Any other information the zoning administrator may reasonably require.

(d)

Regulations. Prior to receiving a TRH permit, the operator shall provide the following:

(1)

Notice to the property owner (unless the property owner is also the operator) and all properties within 200 feet of the property providing a brief description of the proposed TRH and how often the operator intends to rent the property. A copy of such notice as well as a list of addresses the notice was sent shall accompany the application.

(2)

The owner or operator of the tourist rooming house shall register with the appropriate entities and shall pay room tax as required under law.

(3)

Only the owner of the property may operate a tourist rooming house, except that a renter may operate if explicitly allowed in the lease. A property owner proposing to operate a TRH in a dwelling unit that is subject to rules, regulations, or bylaws of a condominium association may only operate the dwelling unit as TRH if explicitly allowed by the condominium association.

(4)

If the tourist rooming house is operated for stays of more than six but fewer than 30 consecutive days, the tourist rooming house may be operated for no more than 180 days in any consecutive 365-day period as provided in Wis. Stats. § 66.1014(2)(d). The 180 allowable days in any 365-day period must run consecutively and the TRH operator must give the zoning administrator notice of the first rental of any 365-day period.

(5)

If the tourist rooming house is operated for stays of one to six consecutive days, the tourist rooming house shall be the operator's primary residence.

(6)

If an operator who is operating a TRH pursuant to subsection (d)(5) above occupies the residence at the time of rental, there is no limit to the number of days the tourist rooming house may operate.

(7)

If an operator who is operating a TRH pursuant to subsection (d)(5) above does not occupy the residence at the time of rental, the tourist rooming house may operate no more than 30 days per permitting year; July 1 to June 30th.

(8)

If an operator who is operating a TRH pursuant to subsection (d)(5) above does not occupy the residence at the time of the rental, the TRH may not be rented to multiple unassociated parties at the same time.

(9)

Maximum tourist occupancy shall not exceed the lesser of two times the number of legal bedrooms in the dwelling unit or ten. Children under the age of 12 shall not count toward the maximum tourist occupancy.

(10)

There shall be at least two designated off-street parking spots on the short-term rental property for guests.

(11)

All short-term rental property owners or guests must abide by the noise regulations.

(12)

No recreational vehicles (RVs), campers, tents, or other temporary lodging arrangements shall be permitted on site as a means of providing additional accommodations for paying guests or the owner of the property.

(13)

Providing meals to guests is prohibited.

(14)

Owner to present proof of insurance at time of application.

(15)

A TRH shall be available for inspection by village staff with at least 48 hours prior written notice. However, in the event the village has probable cause to believe that a violation of this section has occurred or is occurring, an inspection may occur at other times.

(16)

All advertisements of the tourist rooming house, including advertisements on the website of a lodging marketplace, must contain a clearly displayed valid TRH permit number issued under this section.

(e)

Inspection. Prior to issuing a permit to operate a TRH or approving the renewal of an existing permit, the zoning administrator or designee shall inspect the premises to ensure compliance with this section. At all other times, a TRH shall be available for inspection by village staff with at least 48 hours prior written notice. However, if the village has probable cause to believe that a violation of this section has occurred or is occurring, an inspection may occur at other times.

(f)

Permit issuance. The zoning administrator shall grant at TRH permit upon verification of a complete TRH application and compliance with this section, including specifically the regulations contained in subsection (d) above related to the operation of a TRH.

(g)

Transferability. Permits issued under this section shall not be transferrable.

(h)

Permit fees. The fee for a TRH operator permit shall be as stated in the Fee and Penalty Schedule for new and renewals. Annual permits shall expire on the 30th day of June after the granting thereof. Renewal permits shall be obtained on or before June 30 of each year as provided in subsection (i) below or be subject to a late filing fee equal to twice the renewal fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a permit.

(i)

Renewal. TRH operator permits shall be renewed by the 30th day of June of each year. Prior to receiving a renewal permit, the TRH operator shall provide the zoning administrator with any updates or changes to any of the documentation required in subsections (c) and (d) above or submit a statement to the zoning administrator stating there have been no changes to the information contained in the documentation. Prior to issuing a renewal permit, the zoning administrator may conduct a reinspection as provided in subsection (e) above.

(j)

Enforcement and violations. The zoning administrator or designee shall enforce this section. Any person who operates a TRH without a permit or in violation of this section, upon conviction thereof, shall be fined in accordance with the Fee and Penalty Schedule, reference section 1-7, General Penalties. Each day or portion thereof such violation continues shall be considered a separate offense. Any fine imposed under this subsection shall be doubled if the violator's permit has been revoked under subsection (k) below.

(k)

Revocation. The zoning administrator or the village board may suspend, deny or revoke a permit issued hereunder for failure of a permittee to comply or maintain compliance with, and/or for violation of, any applicable provisions of this section. Any such suspension or revocation is reviewable under chapter 117, article XII of the Harrison Village Code. A revocation shall result in a 6- month prohibition on the issuance of a new permit at the property.

(l)

Initial compliance date. The ordinance from which this section is derived becomes effective on July 1, 2021. All TRH operators in the Village of Harrison shall obtain a permit as required by this section no later than July 1, 2021. TRH operators that applied prior to July 1, 2021 under Ordinance V20-12 may have the application fee applied to the TRH application.

(Adopted by Ord. V20-12 on 9-29-2020; Ord. No. V21-13, 5-25-2021; Ord. No. V22-01, 3-8-2022)