For the purposes listed in Wis. Stats. § 62.23, the village board ordains zoning regulations as follows:

(1)

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

(2)

This chapter shall not repeal, impair or modify private covenants or public ordinances, except that it shall apply whenever it imposes stricter restrictions on land use and except that all ordinances or parts of the ordinances in conflict with any of the provisions of this chapter are repealed.

(Code 1989, §§ 17.01, 17.03)

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means any building, except the principal building, on a lot. In the case of an improved lot (with a primary residence and a detached garage), the garage is the accessory building. No accessory building of any kind shall be allowed on any unimproved lot or property zoned as single-family residential (R1), two-family residential (R2) or multiple-family residential (R3).

Adult bath house means an establishment or business 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.

Adult body painting studio means 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 chapter, the term "adult body painting studio" shall not be deemed to include a tattoo parlor.

Adult bookstore/video store means an establishment having as a substantial or significant portion of its stock and trade in books, magazines, periodicals, or video tapes, films, or discs which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

Adult cabaret means an establishment or business which features male or female topless or bottomless dancers, go-go dancers, strippers, burlesque shows, male or female impersonators, or similar entertainers.

Adult massage parlor means 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.

Adult modeling studio means 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 facility means either a building or outdoors, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult novelty shop means an establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activity, or stimulating such activity. All of the following restrictions shall also apply to any adult establishment. No more than one of the above uses may be established on any one parcel and the establishment of any one of the above adult uses shall be at least 1,500 feet from the establishment of any other adult use. No adult use shall be permitted within 2,000 feet of any land used or zoned for residential purposes or within 2,000 feet of any church or school. Signs advertising any of the aforementioned adult uses shall conform with section 44-9 with the exception, however, that no tower or portable signs or billboards shall be permitted on the premises, and with the further exception that signs will not depict specified sexual activities or specified anatomical areas, and provided further that there shall be no flashing or traveling lights located outside the building. Adequate parking shall be provided in a lighted area. There shall be no display windows on the premises. The owner or operator of the adult entertainment establishment shall agree to comply with all state, federal, and local laws and ordinances, including obscenity, liquor, and cabaret laws, and shall further ensure that minors are not permitted on the premises. Solicitation for purposes of prostitution shall be strictly prohibited. The hours of operation for such establishments shall be limited to the same hours of operations for bars and taverns within that community within which the district is located.

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

Aquifer means a saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.

Awning means a protective, roof-like covering over a structure's window, door, or face. An awning shall not be construed or classified as a sign even though the business's name is located thereon. An awning may not extend/project more than three feet over the public right-of-way and must be a minimum of nine feet above the right-of-way. To erect an awning both a building permit and a review by the village administrator is required.

Basement means a story, partly underground, which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.

Boardinghouse means a building other than a hotel where meals or lodging and meals are furnished for compensation to three or more persons not members of a family.

Building means any structure used, designed, or intended for the protection, shelter, enclosure or support of persons, animals or property.

Building height means the vertical distance from the top of the building roof to the average elevation at the front property line.

Comprehensive plan means a master plan for the village adopted pursuant to Wis. Stats. § 62.23.

Conditional use means a use of land, water, or building permissible only after the issuance of a conditional use permit by the planning and zoning commission under conditions specified in this chapter, particularly article II of this chapter.

Dwelling, modular home, means a building made up of two or more modular sections transported to the home site, put on a permanent foundation with a minimum four-foot frost wall and joined to make a single dwelling. For purposes of this chapter, modular homes shall be allowed as a single-family dwelling.

Dwelling, multiple-family, means a building or portion thereof designed for and occupied by three or more families.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family. The term "detached" shall not include manufactured homes, travel trailers, or other forms of portable or temporary housing.

Dwelling, two-family, means a detached or semi-detached building designed for or occupied exclusively by two families.

Existing facilities means current facilities, practices, and activities which may cause or threaten to cause environmental pollution within that portion of the village's wellhead protection area that lies within the village limits.

Family means a group of persons related by blood or marriage and living together as a single housekeeping entity.

Floor area means the area within the exterior walls of a building which is usable as living quarters.

Garage, private, means an accessory building or space for the storage of not more than four motor-driven vehicles per dwelling.

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

Garage, storage, means any building or premises used for storage only of motor-driven vehicles and where no vehicle equipment, parts, fuel, or oil are sold and where no vehicles are serviced, repaired, hired, or sold. No commercial motor vehicles exceeding two tons' capacity shall be stored in any storage garage.

Grade, foundation, means the maximum or minimum slope from the top of the curb to the top of the foundation at the front of the building.

Groundwater protection overlay district means the area described as the wellhead protection area within the village's wellhead protection plan and the village municipal wellhead protection area map.

Home occupation means a gainful occupation conducted by members of the family only within their place of residence, provided that no article is offered for sale on the premises except such as is produced by such occupation, no stock in trade is kept or sold, no mechanical equipment is used other than such as is permissible for purely domestic purposes and no sign other than one unlighted name plate not more than four feet square is installed.

Hotel ormotel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Living space means the above-grade area within the exterior walls of a building which is designed and usable as living quarters.

Lodginghouse means a building other than a hotel where lodging only is provided for compensation for no more than 12 persons not members of the family.

Lot means a parcel of land described in a recorded plat or deed.

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

Manufactured home means that which is or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped, and used primarily for sleeping, eating and living quarters or is intended to be so used and includes any additions, attachments, annexes, foundations and appurtenances.

Nonconforming use means a building or premises lawfully used or occupied at the time of the passage of the ordinance from which this chapter is derived or amendments thereto, which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.

Planned unit development means a mechanism to allow for greater design flexibility in order to attain the imaginative and efficient use of land. This may be achieved through the consolidation of open spaces, clustering of buildings and mixed land uses. The design also includes amenities and features to mitigate the negative effects of noise, traffic, and undue congestion.

Planning and zoning commission means the planning and zoning commission of the village, appointed by the village president and confirmed by the village board pursuant to Wis. Stats. § 62.23. The duties of the commission are delineated in section 2-240.

Recharge area means the land area which contributes water to the village well by infiltration of water into the subsurface and movement with groundwater toward the well.

Setback means the minimum horizontal distance between the street right-of-way line or rear lot line and the nearest point of a building or any projection thereof, excluding both uncovered steps and, in accordance with section 44-219(1), cornices, canopies and eaves which may extend into the required setback a distance not to exceed four feet.

Sign means a structure or device, excluding awnings, except those placed by the public authorities for public purposes, on which advertising is displayed or attention is directed to advertising on the same or any other structure by any means visible to the eye.

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

Story, half, means the space under any roof, except a flat roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.

Street means all property dedicated or intended for public or private street purposes or subject to public easements 21 feet or more in width.

Street right-of-way line means the dividing line between a lot, tract, or parcel of land and an abutting street.

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

Structure means anything constructed or erected having location on the ground.

Structure, temporary, means a removable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure.

Tourist camp or court means a tract of land of at least one acre upon which two or more camp cottages are located or where temporary accommodations are provided for two or more automobile trailers or house cars, open to the public either free or for a fee.

Variance means a departure from the terms of this chapter where it is shown that unique physical circumstances applying to a land parcel causes a hardship to the owner and that the variance still will be in fundamental harmony with surrounding uses.

Wellhead means the well that provided the source of water along with the structures built on top of and around the well.

Wellhead protection area means the surface or subsurface area surrounding a water well or wellfield supplying a public water system, through which contaminants are reasonably likely to move toward and reach such well or wellfield. The wellhead protection area for the village is designated in the village wellhead protection plan.

Yard, front, means a yard extending the full width of the lot between the front lot line and the nearest wall of the principal building.

Yard, rear, means a yard extending the full width of the lot between the rear lot line and the nearest wall of the principal building, excluding only such projections as are permitted herein.

Yard, side, means a yard extending from the front yard to the rear yard between the side lot lines.

Zoning administrator means the village administrator or other village staff designated and authorized by the village board to administer this chapter.

(Code 1989, §§ 17.05, 17.11(6)(a)—(e), 17.27(4), 17.29(2))

After adoption of the ordinance from which this chapter is derived, no lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met. However, where existing lots do not satisfy such requirements, the board of appeals, as provided in section 2-238, may grant a variance.

(Code 1989, § 17.10(1))

Setback, lot size and other dimensional requirements applicable to the various zoning districts are indicated on the official zoning map.

(Code 1989, § 17.10(2))

(a)

Accessory buildings shall not occupy more than 30 percent of the required area for the rear yard. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same side yard requirements as the principal building. An accessory storage building is:

(1)

A building originally constructed for use as an accessory building for the storage of materials and equipment accessory to a primary use located on the property.

(2)

For purposes of this chapter, cargo containers, railroad cars, truck vans, converted manufactured homes, trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not accessory storage buildings.

(b)

Cargo containers include standardized reusable vessels that were:

(1)

Originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods, or commodities; or

(2)

Originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. The term "accessory buildings" includes the terms "transport containers" and "portable site storage containers" having a similar appearance to and similar characteristics of cargo containers.

(c)

Only accessory storage buildings shall be permitted as accessory storage containers on property in any residential zone of the village, or on any property within the village the primary use of which is residential. Cargo containers, railroad cars, truck vans, converted manufactured homes, travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not permitted to be used as accessory storage buildings on property zoned residential or on property the primary use of which is residential.

(d)

Notwithstanding the provisions set forth in subsection (a) of this section, the temporary placement of transport containers or portable site storage containers (PODS) on residentially zoned properties, or on properties the primary use of which are residential, for the limited purpose of loading and unloading household contents, shall be permitted for a period not exceeding 30 days in any one calendar year.

(Code 1989, § 17.10(3))

Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the ordinary projections of sills, cornices, and ornamental features. Fire escapes may project into a required yard area not more than five feet.

(Code 1989, § 17.10(4))

In each quadrant of every street intersection, there shall be designated a vision clearance triangle, bounded by the inner street lines and a line connecting them 35 feet from their intersection. Within this triangle, no object shall be allowed above a height of 2½ feet above the streets if it obstructs the view across the triangle. This section shall not apply to tree trunks, posts, or wire fences.

(Code 1989, § 17.10(5))

The maximum slope from the top of the curb to the top of the foundation at the front of the building is one-half inch per foot. The maximum elevation difference between the top of the curb and the top of the foundation is two feet. The minimum slope from the top of the curb to the top of the foundation at the front of the building is zero inches per foot (level ground). Any variation from this must be approved by the building inspector with consent from the public works director prior to the start of construction.

(Code 1989, § 17.10(6))

(a)

No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a land use permit, except those signs excepted in subsection (b) of this section and without being in conformity with the provisions of this chapter. The sign shall also meet all the structural requirements of chapter 6, pertaining to buildings and construction.

(b)

All signs are prohibited in the R1, R2, R3, A and W districts, except the following:

(1)

Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two feet in height and six feet in length.

(2)

Real estate signs not to exceed square feet in area which advertise the sale, rental or lease of the premises upon which such signs are temporarily located.

(3)

Name, occupation, and warning signs not to exceed two square feet located on the premises.

(4)

Bulletin boards for public, charitable, or religious institutions not to exceed eight square feet in area located on the premises.

(5)

Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

(6)

Official signs, such as traffic control, parking restrictions, information, and notices.

(7)

Temporary signs or banners may be allowed when approved by the village board. For the purposes of this provision, a temporary sign or banner is one which will be used for no more than 45 days in any six-month period and which does not exceed a total of 32 square feet in signable area. The square footage of a temporary sign or banner may be increased up to a maximum total of 64 square feet in signable area by taking into account the proposed individual site, safety, environmental factors, surrounding zoning and potential impact (if any) on adjacent properties as well as overall presentation and attractiveness to the village. Temporary signs or banners may not be placed to interfere with traffic, driveways, or street vision clearance, and they may not present any type of safety hazard. Only one temporary sign or banner may be sited on any one lot at a time. Temporary signs or banners may be illuminated if so approved. All temporary signs or banners must be removed within ten days after their use has been discontinued.

(8)

Permanent signs located at a multi-unit dwelling containing less than eight units shall not exceed four square feet and shall exclusively advertise the sale, rental or lease of the premises upon which the sign is located. Signs located at multi-unit dwellings of eight or more units shall not exceed four feet by eight feet and shall be considered as a permanent name sign.

(c)

Signs are permitted in the C1, C2, I1 and I2 districts, subject to the following restrictions:

(1)

Wall signs placed against the exterior walls of buildings shall not extend more than six inches outside of a building's wall surface, exceed 500 square feet in area for any one premises or exceed 20 feet in height above the mean centerline street grade.

(2)

Projecting signs fastened to, suspended from or supported by structures shall not exceed 100 square feet in area for any one premises, extend more than six feet into any required yard, extend into any public right-of-way, be less than ten feet from all side lot lines, exceed a height of 20 feet above the mean centerline street grade or be less than ten feet above the sidewalk nor 15 feet above a driveway or an alley.

(3)

Ground signs shall not exceed 20 feet in height above the mean centerline street grade, shall meet all yard requirements for the district in which it is located, shall not exceed 100 square feet on one side nor 200 square feet on all sides for any one premises.

(4)

Roof signs shall not exceed ten feet in height above the roof, shall meet all the yard and height requirements for the district in which it is located and shall not exceed 300 square feet on all sides for any one premises.

(5)

Window signs shall be placed only on the inside of commercial buildings and shall not exceed 25 percent of the glass area of the pane upon which the sign is displayed.

(6)

Combinations of any of the signs provided for in this subsection (c) shall meet all the requirements for the individual sign.

(d)

Signs shall not resemble, imitate, or approximate the shape, size, form or color of railroad or traffic signs, signals or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape and no sign shall be attached to a standpipe or fire escape. No sign shall be placed so as to obstruct or interfere with traffic visibility.

(e)

Signs lawfully existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although the use, size or location does not conform with the provisions of this chapter. However, it shall be deemed a nonconforming use or structure and the provisions of section 44-10 shall apply.

(Code 1989, § 17.12)

(a)

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

(b)

In any district, any permitted or permissible structure may be erected on a single lot of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived. This provision shall apply even though such lot fails to meet the requirements of lot area, lot width, or both for the district in which it is located, provided such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership, and provided all other requirements for the district are met.

(c)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived, the lands involved shall be considered to be an individual parcel for the purposes of this chapter, and no portion of such parcel shall be used, divided or sold which does not meet the lot area and lot width requirements for the district in which it is located.

(Code 1989, § 17.13)