The use of buildings hereafter erected, enlarged, converted, structurally altered, rebuilt or moved; and existing land shall be used only for purposes as specified in this chapter. Furthermore, land and building uses shall be in compliance with the regulations as established herein or each district.

Not more than one principal detached residential building shall be located on a lot of record or a zoning lot, except in the case of planned unit residential developments or multifamily uses.

Permitted, permitted accessory uses, and conditional uses are limited to the uses indicated for the respective zone districts. Additional uses shall be allowed upon written recommendation by the Planning and Zoning Commission and approval by the Village Board. Additional uses, however, cannot be allowed in the Exclusive Agriculture District, unless farm-related.

Accessory and utility storage buildings.[1]

If a nonconforming use of a building or premises is discontinued for a period of 12 months, any future use of the building or premises shall conform to the regulations for the district in which it is located. Existing farming operations shall be exempt from these restrictions.

When a building containing a nonconforming use is damaged by fire, explosion, act of God, or the public enemy to the extent of more than 50% of its current local assessed value, it definitely shall not be restored, except in conformity with the regulations of the district in which it is located. Total structural repairs or alterations in any nonconforming use shall not, during its life, exceed 50% of the local assessed value of the building at the time of its becoming a nonconforming use, unless permanently changed to a conforming use.

No lot area shall be reduced so that the yards and open spaces shall be smaller than is required by this chapter. If the lot area is less than that required for the zoning district in which it is located and was a lot of record at the time of the passage of this chapter, such lot may be built upon, if it meets the other district requirements and other requirements of the Brown County Sanitary and Subdivision Ordinances.

Where the Village Zoning Administrator/Building Inspector has issued a building permit pursuant to the provisions of this chapter, such permit shall become null and void, unless work thereon is substantially underway within six months of the date of the issuance of such permit.

Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this chapter, and provided that construction is begun within six months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied under a certificate of occupancy by the use for which originally designed and subject thereafter to the provisions of Article XXXI.

Radio and television transmitting and receiving antennas, as well as dish antennas, shall be allowed within the lot area not required for the building setback area in all zones and on the roof of a building in all business and industrial zones.

Satellite dish antennas greater than 38 inches are not allowed on the roof of a building in any residential or agricultural zone. However, radio and television transmitting and receiving antennas are allowed on roofs in these zones.

Mini warehouse.

Lot size shall comply with the required regulations of the established district.

No building permit shall be issued for a lot that abuts on half a street. Said permit shall be issued only after the entire street right-of-way has been dedicated.

For all lots measuring under five acres in area located in A-1 Agricultural District that were a lot of record prior to August 5, 2003 (the date of the adoption of the A-1 zoning ordinance), the Village may, upon application of the lot owner, issue a building permit for building additions, remodeling, or accessory buildings based upon the zoning requirement for R-1, R-2, R-2-R, or Estate Residential, as selected by the Village Board, provided that said owner(s) sign(s) an agreement waiving any objection and consenting to the rezoning of the lot to the same R-1, R-2, R-2-R, or Estate Residential zoning that was the basis for the building permit conditions set forth above. The agreement with respect to rezoning shall be a covenant running with the title to the lot and shall apply to the rezoning of the lot at such time as any comprehensive rezoning of the area in which the lot is located is completed by the Village.

Except as otherwise provided in this chapter, the height of any building thereafter erected, converted, enlarged or structurally altered shall be in compliance with the regulations established herein for the district in which such building is located.

Accessory farm buildings, belfries, chimneys, cooling towers, elevator bulkheads, fire towers, monuments, silos, scenery lofts, tanks, water towers, ornamental towers, spires, wireless television or broadcasting towers, masts or aerials, telephone, telegraph and power transmission poles and lines, microwave radio relay structures and necessary mechanical appurtenances are hereby exempted from the height regulations of this chapter.

Churches, schools, hospitals, sanitariums and other public and quasi-public buildings may be erected to a height not exceeding 60 feet, provided the front, side, and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.

Residences may be increased in height by not more than 10 feet when all yards and other required open spaces are increased by one foot for each foot by which such building exceeds the height limit of the district in which it is located.

No front yard in any residential district shall be used for open storage of boats, vehicles, or any other equipment, except for vehicular parking on driveways.

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

Buildings on through lots and extending from street to street may waive the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements on both streets are complied with; and further provided that no accessory building shall extend within the setback line on either street.

Only fences, hedges, shrubs or other natural objects three feet or less in height may be located within a vision corner. Single stem trees are permitted only if all the foliage between three feet and eight feet in height is removed. The height measurement is the vertical distance between the top of the nearest curb or center line of the road and the top of the fence, shrub or tree.

A fence, wall, hedge or berm may be erected, placed, maintained or grown subject to the following location and height restrictions:

In the Agricultural and Exclusive Agricultural Districts, no fence, wall, or hedge shall be erected, constructed, maintained, or grown to a height exceeding four feet above the ground within 15 feet of any street right-of-way or street right-of-way projected.

In the Community Business, Limited Industrial, and Industrial Park Districts, no fence, wall, or hedge shall be erected, constructed, maintained, or grown to a height exceeding three feet above the ground within 15 feet of any street right-of-way or street right-of-way projected.

Fencing not in the required setback area may not exceed eight feet in any zone.

Construction and maintenance.

Earthen berms may be constructed in any zoning district subject to the following restrictions:

Prohibited materials and their exclusions. Barbed wire, razor wire, chain link fencing with barbed/sharp ends, aboveground electric fencing, snow fencing, chicken wire, hardware cloth and fencing of similar materials are prohibited, except as provided by the following:

No construction or installation of a swimming pool (pools) shall begin unless a permit therefor has been obtained. The application for such permit shall be accompanied by a site plan showing the size, location and description of the property.

Permanent above or in-ground pools shall comply with setback requirements of the zone in which the proposed pool is to be located. In determining this setback for aboveground pools with permanent fencing or decks, any deck, walkway, or similar structure shall be considered part of the pool.

Fencing. All pools requiring a permit shall be encompassed by fencing as provided under this section.

No person shall operate a public swimming pool on any premises zoned residential. The operation of a public swimming pool on residential premises is declared to be a public nuisance. A public swimming pool is any swimming pool operated by the owner or lessee thereof for financial gain, no matter how incidental the financial gain is to the overall operation.

No residential swimming pool shall be so located, designed, operated, or maintained as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the swimming pool or located in the neighborhood.

Lights used to illuminate any residential swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.

No person shall make, continue or cause to be made or continued at any residential swimming pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others. In the operation of a residential swimming pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or at any time within louder volume than is necessary for convenient hearing of the persons who are in the residential swimming pool premises, shall be prohibited.

House numbering according to map.

Correcting existing numbers.

Placement and size of number.

House numbering for second floor. Where the second floor of a structure is separately occupied, the same shall be given a separate letter in addition to the number of the first floor. In multiple dwellings, numbering shall be as directed by the Zoning Administrator/Building Inspector.

Enforcement.

Violations and penalties.

Applicability and intent. Any use of land or structures, or any lot or structure which lawfully existed at the effective date of adoption or amendment of this chapter which would not be permitted or permissible by the provisions of this chapter as adopted or amended, shall be deemed nonconforming. It is the intent of this chapter to permit such nonconformities to continue until they are removed, subject to certain restrictions.

Nonconforming structures. Where, at the effective date of adoption or amendment of this chapter, a building or structure exists which could not be erected in the district in which it is located by reason of restriction on area or coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may continue in existence subject to the following restrictions:

Lots or parcels used or proposed to be placed in a use allowable under this chapter that are deficient in minimum lot area or minimum lot width may be allowable for such use if the parcel was of record with the Register of Deeds on the effective date of this chapter (October 1975) in its current size or shape and if the following conditions are met:

These allowances apply only to preexisting substandard parcels and do not establish policy or precedent favoring the creation of new substandard lot configurations.

Applicability and intent. Any use of land or structures or any lot or structure which lawfully existed at the effective date of adoption or amendment of this chapter which would not be permitted or permissible by the provisions of this chapter as adopted or amended, shall be deemed nonconforming. It is the intent of this chapter to permit such nonconformities to continue, subject to certain restrictions.

Nonconforming uses of land (or land with minor structures only). Where at the effective date of adoption or amendment of this chapter a lawful use of land exists which would not be permitted or permissible in the district in which it is located, and where such use involves a structure or structures with a fair market value of less than $10,000, such use may be continued subject to the following restrictions:

Nonconforming uses of structures. Where at the effective date of adoption or amendment of this chapter the use of a structure exists which would not be permitted or permissible in the district in which it is located, and where such use involves a structure with a fair market value exceeding $10,000, such use may be continued, subject to the following restrictions:

Nonconforming structures. Where, at the effective date of adoption or amendment of this chapter, a lawful building or structure exists which could not be erected in the district in which it is located by reason of restriction on area or coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may continue in existence, subject to the following restrictions:

Nonconforming characteristics of use. If characteristics of use such as lighting, parking, noise or other matters pertaining to the use of land, structures and premises are made nonconforming by the provisions of this chapter as adopted or amended, no change shall thereafter be made in such characteristics of use which increases the nonconformity; provided, however, that changes may be made which do not increase, or which decrease, such nonconformity.

Nonconforming lots of record.

Nonconforming signs. No nonconforming sign shall be altered in any manner which would increase the degree of nonconformity. If such sign is destroyed or damaged to an extent of more than 50% of its replacement cost at the time of destruction, such sign shall be replaced as a conforming sign. If a nonconforming sign is destroyed or damaged to an extent of less than 50% of its replacement cost at the time of destruction, it may be reconstructed, provided any reconstruction does not increase the degree of nonconformity which previously existed unless approved by the Village Board.

Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

Repairs and maintenance. Nothing in this chapter shall be deemed to prevent normal maintenance or repair of any structure or to prevent restoring to a safe condition any structure declared to be unsafe.

Existing special exceptions. Any use or structure existing on the effective date of adoption or amendment of this chapter which is classified as a special exception in the district in which it is located shall be deemed to have been granted approval, subject to maintaining the character and extent of such use or structure existing on that date. Any extension, enlargement or change in such use or structure shall require approval according to the terms of this chapter.