The following regulations shall apply to the temporary outdoor sale of merchandise and commodities in the village.

(1)

Intent and purpose. The intent and purpose of this section is to establish regulations and restrictions intended to ensure that temporary outdoor sales do not interfere with the orderly and safe movement of pedestrian and vehicular traffic, do not interfere with the proper maintenance of parking and yard areas, do not cause congestion in the streets or public rights-of-way, and are conducted within structures safe for public occupancy when structures are used.

(2)

Statutory authority. This section is enacted pursuant to the authority contained in Wis. Stats. § 62.23(7)(a).

(3)

Definition. For the purpose of this section the term "Outdoor sales" shall be defined as: The sale of any merchandise or commodities on a parcel of land not conducted within a completely enclosed permanent building. This definition includes but is not limited to seasonal fruit and vegetable stands, fireworks stands, sidewalk sales, and roadside stands for the sale of products associated with recognized holidays.

(4)

Zoning districts regulations. Temporary outdoor sales are only permitted in the B-1, B-2, B-3, I-2, I-3, I-4 and PD zoning districts. Such sales may be conducted for the purpose of marketing merchandise or commodities which could normally be sold pursuant to one or more of the listed permitted uses within the zoning district where the sale is to take place. The marketing of merchandise or commodities which may only be sold pursuant to a use listed as a conditional use is prohibited.

(5)

Concentration. Not more than one temporary outdoor sale shall be permitted per parcel of land.

(6)

Lot coverage. No temporary outdoor sales site, including enclosures if applicable, shall occupy more than 400 square feet of lot area.

(7)

Setbacks. No temporary outdoor sales site shall be located closer than ten feet to a property line, road right-of-way or permanent building.

(8)

Enclosures. Temporary outdoor sales may be conducted within tents, covered stands, or other temporary structures approved by the director of code administration. Enclosures used in conjunction with temporary outdoor sales shall not exceed a height of ten feet.

(9)

Vehicles. Vehicles such as semi-trailers, trucks, and trailers may be used for the storage of merchandise or commodities being sold at a temporary outdoor sale with the approval of the director of code administration, and for a period not to exceed seven days per calendar year.

(10)

Parking. Adequate off-street parking shall be provided on the lot or parcel of land upon which a temporary outdoor sale is located. At a minimum, one space shall be provided for each employee or operator and three spaces shall be provided for patrons. At the discretion of the director of code administration, additional parking spaces may be required for temporary outdoor sales associated with special events or recognized holidays.

(11)

Signs. No more than two signs with a cumulative sign area of not more than 50 square feet shall be permitted on the premises where a temporary outdoor sale is located. For the purposes of this section, signs associated with a temporary outdoor sale may be permitted in addition to the permanent and temporary signs permitted on the lot per chapter 50, article VI. Off-premise signs for temporary outdoor sales are prohibited.

(12)

Required permits. No person, business or corporation shall engage in temporary outdoor sales without first obtaining a permit from the director of code administration. A permit may be issued upon submittal of a completed application and appropriate fee. At a minimum, the following information shall be provided on the permit application:

a.

Name, mailing address and daytime phone number of the owner/operator of the temporary outdoor sale.

b.

Street address of the site where the temporary outdoor sale will take place.

c.

A detailed site plan showing the location of the proposed temporary outdoor sale on the subject property. The site plan shall show the dimensions of the sales area and any associated structures as well as setbacks to buildings and property lines. The location, area and message of all signs shall be shown and the location of required parking spaces shall be clearly identified.

d.

Proposed beginning and ending dates, days of the week the sales operation will be open for business, daily business hours and number of operators.

Prior to issuance of a permit for a temporary outdoor sale, the director of code administration shall review all applications for compliance with the regulations and restrictions set forth in this section and may refer to the conditional use standards set forth in section 50-267 to determine if the proposal is in the public interest. The director of code administration may also place such reasonable restrictions or conditions on the permit as may be necessary to protect public health and safety pursuant to the intent and purpose of this section.

(13)

Permit fee. The fee for a temporary outdoor sale permit shall be $50.00. A permit fee shall be paid for each permit issued, regardless of the time period or periods covered by the permit.

(14)

Permit duration. Permits for temporary outdoor sales shall be issued for the time periods specifically requested on the permit application but in no case shall a permit be issued for a time period of less than one week. One or more permits may be issued to cover multiple time periods, but in no case shall such permit or permits authorize temporary outdoor sales exceeding a cumulative total of 16 weeks per parcel per calendar year. Time required for set-up, assembly, stocking, and disassembly shall be included in this time period.

(15)

Annual permits. Temporary outdoor sales permits may only be issued for time periods within the year immediately following the date of issuance. For temporary outdoor sales occurring on an annual basis, a new permit application and fee shall be submitted according to the above procedures for each sale each year.

(16)

Inspections. The director of code administration or his designee may from time to time inspect the site of a temporary outdoor sale to determine compliance the terms and conditions of the permit. A copy of the approved temporary outdoor sale permit shall be kept on site and shall be made available to the director of code administration or his designee during hours of operation of the sale.

(17)

Permit revocation. In the event the director of code administration or his designee finds that the layout or operation of the temporary outdoor sale is in violation of one or more of the terms or conditions of the permit, or that the operation poses a threat to public health or safety, he shall order such changes or corrections as may be needed to cause the violation to be eliminated, allowing no more than three days for corrections to be made. If the corrections ordered are not completed by the permittee within the time allowed, the director of code administration may revoke the permit.

(Ord. No. 2009-11, § 1, 6-8-2009)

Not more than one principal detached dwelling shall be located on a lot, except in the exclusive agricultural (A-1) zoning district or in the case of planned developments or multifamily developments.

(Comp. Ords. 2000, § 17.03(7))

Every lot or parcel of land created subsequent to the effective date of the ordinance from which this chapter is derived shall comply with the minimum lot size requirements for the zoning district in which such lot is located. No existing lot shall be reduced in size, by any means or for any reason, below the minimum requirements for the zoning district in which such lot is located. Furthermore, no lot or portion of a lot shall be used to satisfy the minimum lot size requirements for any other lot.

(Comp. Ords. 2000, § 17.03(8))

No development of any kind shall take place on a substandard lot in any zoning district except that, in a residential district on a lot of record on the effective date of the ordinance from which this chapter is derived, a single-family dwelling may be constructed and accessory buildings and uses established regardless of the size of the lot, provided all other requirements of this chapter are complied with.

(Comp. Ords. 2000, § 17.03(9))

For the purposes of this chapter, where a lot abuts two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the property line abutting the street or alley with the higher average established grade.

(Comp. Ords. 2000, § 17.03(10))

In addition to the specific zoning district regulations established elsewhere in this chapter, the general requirements in this division shall apply to all accessory buildings and uses.

(Comp. Ords. 2000, § 17.03(11); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006)

Accessory buildings and uses shall be compatible with the principal use of the property and shall not be constructed or established prior to the establishment of the principal use.

(Comp. Ords. 2000, § 17.03(11)(a); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006)

Accessory buildings shall not occupy more than 30 percent of the area of a required yard. Furthermore, accessory buildings together with permitted obstructions as specified in section 50-905 shall not, in the aggregate, occupy more than 50 percent of the area of a required yard.

(Comp. Ords. 2000, § 17.03(11)(b); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006)

In residential zoning districts, with the exception of multifamily developments, the number of detached residential accessory buildings permitted on a lot shall be regulated as follows:

(1)

Attached garage. On lots where at least one attached garage space (as defined in section 50-6) is included within the principal dwelling on the property, not more than one detached garage or residential accessory storage building shall be permitted per lot.

(2)

Detached garage. On lots where no attached garage space (as defined in section 50-6) is included within the principal dwelling on the property, not more than two detached garages or residential accessory storage buildings shall be permitted per lot.

(Comp. Ords. 2000, § 17.03(11)(c); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006; Ord. No. 2011-7, § 1, 3-28-2011)

In residential zoning districts, with the exception of multifamily developments, accessory buildings shall comply with the following size regulations:

(1)

Attached garage, high-density. In the R-1, R-2, R-3 and R-4 zoning districts, on lots where at least one attached garage space (as defined in section 50-6) is included within the principal dwelling on the property, the floor area of the accessory building permitted in section 50-859(1) shall not exceed five percent of the area of the lot or 1,024 square feet, whichever is less.

(2)

Attached garage, low-density. In the R-5 zoning district, on lots greater than or equal to one and one-half acres in gross area and where at least one attached garage space (as defined in section 50-6) is included within the principal dwelling on the property, the floor area of the accessory building permitted in subsection 50-859(1) shall not exceed five percent of the area of the lot or 1,600 square feet, whichever is less. Except as a conditional use as allowed in subsection 50-451(2)g., accessory buildings over 1,600 square feet and in accordance with division 9, article II of this chapter.

(3)

Detached garage. On lots where no attached garage space (as defined in section 50-6) is included within the principal dwelling on the property, the accumulated floor area of the accessory buildings permitted in section 50-859(2) shall not exceed ten percent of the area of the lot or 2,224 square feet, whichever is less.

(Comp. Ords. 2000, § 17.03(11)(d); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006; Ord. No. 2023-05, § 2, 5-8-2023)

On all lots in the R-1, R-2, R-3 and R-4 zoning districts and on any lot in the R-5 zoning district having a gross area of less than one and one-half acres, accessory buildings shall comply with the following height regulations:

(1)

Vertical height. The vertical height of accessory buildings shall not exceed the lesser of the following:

a.

23 feet;

b.

The height of the principal building on the property;

c.

The dimension of its shortest horizontal overall building width or depth.

(2)

Wall height. No accessory building shall have side walls exceeding ten feet in height.

(3)

Door height. No accessory building shall have a door exceeding ten feet in height.

(4)

Floor levels. No accessory building shall consist of more than one floor level. For the purposes of this subsection, a floor level is defined as those areas of a building having a floor to ceiling height of seven feet or more.

(Comp. Ords. 2000, § 17.03(11)(e); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006; Ord. No. 2011-7, § 2, 3-28-2011)

In the R-1, R-2, and R-3 zoning districts, accessory buildings shall not be located in front of or closer to a street right-of-way than the principal building or structure and shall comply with the following setback requirements:

(1)

Standard lots. On lots with an area of 12,150 square feet or more, accessory buildings shall not be located closer than five feet to any side or rear property line.

(2)

Substandard lots. On lots with an area greater than or equal to 9,720 square feet and less than 12,150 square feet, accessory buildings shall not be located closer than four feet to any side or rear property line. On lots with an area less than 9,720 square feet, accessory buildings shall not be located closer than three feet to any side or rear property line.

(Comp. Ords. 2000, § 17.03(11)(f); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006)

In the R-4 zoning district, accessory buildings shall not be located in front of or closer to a street right-of-way than the principal building or structure or closer than ten feet to any side or rear property line.

(Comp. Ords. 2000, § 17.03(11)(g); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006)

Except as specifically permitted for hot tubs, spas, whirlpools and similar equipment in section 40-310, building code, no private swimming pool shall be located in front of or closer to a street right-of-way than the principal building or use served and the water line of such private swimming pool shall not be located closer than ten feet to a side or rear property line or to any other building. See chapter 40, building code, for additional regulations regarding private swimming pools. For the purposes of this chapter, private swimming pools may be permitted in residential zoning districts in addition to the accessory buildings allowed in section 50-859.

(Comp. Ords. 2000, § 17.03(11)(h); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006)

On corner lots, accessory buildings shall conform to the corner side yard setback regulations specified for the zoning district in which such building is located.

(Comp. Ords. 2000, § 17.03(11)(i); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006)

Accessory buildings and structures shall be located no closer than ten feet to any other accessory or principal building.

(Comp. Ords. 2000, § 17.03(11)(j); Ord. No. 03-22, §§ 1, 2, 9-22-2003; Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2006-05, § 1, 1-23-2006; Ord. No. 2006-14, §§ 1, 2, 4-24-2006)

Home occupations shall be allowed as an accessory use to any permitted or legally established dwelling in any zoning district under the following conditions except for the Exclusive Agriculture Farmland Preservation District (A-1) in which they must also meet [Wis. Stats. §] 91.01(1.):

(1)

There shall be no sign or display indicating from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling.

(2)

There shall be no commodity sold upon the premises.

(3)

No person shall be employed other than a member of the immediate family residing in the dwelling.

(4)

There shall be no mechanical or electrical equipment used, except as is permissible for purely domestic or household purposes, or which by reason of the emission of odors, smoke, dust or noise is detrimental to residential uses.

(5)

A rummage, garage or yard sale shall be permitted as a home occupation but shall be limited to a maximum of two sales per parcel per calendar year lasting no more than three consecutive days per sale.

(Comp. Ords. 2000, § 17.02(79); Ord. No. 2004-31, § 1, 10-25-2004; Ord. No. 2005-23, § 1, 9-26-2005; Ord. No. 2005-24, § 1, 9-26-2005; Ord. No. 2005-26, § 1, 10-24-2005; Ord. No. 2006-03, § 1, 1-23-2006; Ord. No. 2014-20, 12-22-2014)

No residential accessory building (as defined in section 50-6) shall be used, in whole or in part, whether temporarily or permanently, for residential living space or for any business purpose.

(Ord. No. 2011-7, § 3, 3-28-2011)

The exterior of accessory buildings exceeding 100 square feet in floor area, including the roof, shall substantially complement the principal dwelling on the property or be an enhancement to the neighborhood.

(Ord. No. 2011-7, § 4, 3-28-2011)

In addition to the specific zoning district regulations established elsewhere in this chapter, the general requirements in this division shall apply to all yards.

(Comp. Ords. 2000, § 17.03(12)(intro.))

The maintenance of required yards and other open spaces for a building on a lot shall be a continuing obligation of the owner of such building or property for as long as the building is in existence.

(Comp. Ords. 2000, § 17.03(12)(a))

No required yards or other open spaces for any building on a lot shall, by virtue of change of ownership or for any other reason, be used to satisfy yard or other open space requirements for any other building or lot.

(Comp. Ords. 2000, § 17.03(12)(b))

All yards and other open spaces required for a building or dwelling group shall be located on the same lot as such building or dwelling group.

(Comp. Ords. 2000, § 17.03(12)(c))

No yard, now or hereafter provided for a building existing on the effective date of the ordinance from which this chapter is derived, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements specified in this chapter for the zoning district in which the building is located.

(Comp. Ords. 2000, § 17.03(12)(d))

(a)

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

Wheeled vehicle means any motor vehicle, off-road vehicle, ATV, equipment trailer, utility trailer, travel trailer, camper or similar wheeled device which is self-propelled or intended to be or towed behind a vehicle.

(b)

Wheeled vehicles may be parked or stored in the open upon any front, side or corner side yard on any lot in any residential zoning district. Parking spaces for such vehicles and driveways serving parking spaces shall be surfaced in accordance with the regulations set forth in section 50-1179. Parking spaces for such vehicles shall also comply with the yard regulations set forth in section 50-905.

(Comp. Ords. 2000, § 17.03(12)(e))

On a corner lot, the front lot line, as defined in section 50-6, may be established or situated along either intersecting street at the option of the developer of such lot. The lot line along or adjacent to the remaining street shall be considered the corner side lot line, as defined in section 50-6. For the purpose of enforcement of the setback provisions of this chapter, a building or structure constructed on a corner lot may face either the front or corner side lot line. Front, side and rear yards on a corner lot shall be established using the criteria set forth in section 50-6 and shall not be dependent upon building orientation. The provisions of this section would allow a rear yard on a corner lot to be located next to (rather than behind) a building or structure, or a side yard to be located behind (rather than next to) a building or structure.

(Comp. Ords. 2000, § 17.03(12)(f))

The obstructions set forth in this section are permitted in the required yards specified unless otherwise prohibited by this chapter. Permitted obstructions, together with accessory buildings, however, shall not, in the aggregate, occupy more than 50 percent of the area of a required yard.

(1)

All yards. The following are permitted in all yards:

a.

Open off-street parking spaces;

b.

Open patios, not including decks or roofed or enclosed porches;

c.

Steps and stoops, four feet or less above grade, which are necessary and used exclusively for access to a building or lot from a street or alley;

d.

Awnings and canopies;

e.

Chimneys and one story bay windows projecting 18 inches or less into the required yard;

f.

Recreational and laundry drying equipment;

g.

Approved freestanding signs;

h.

Arbors and trellises;

i.

Flagpoles;

j.

Window unit air conditioners projecting 18 inches or less into the required yard;

k.

Fences, hedges, retaining walls and landscape walls; and

l.

Overhanging eaves and gutters projecting three feet or less into the required yard.

(2)

Front yards and rear yards. The following are permitted in front and rear yards:

a.

Balconies;

b.

Fallout shelters;

c.

Outside elements of central air conditioning systems projecting four feet or less into the required yard; and

d.

One-story bay windows projecting three feet or less into the required yard.

(3)

Side yards and rear yards. The following are permitted in side and rear yards:

a.

Accessory buildings, provided such buildings comply with all other zoning district regulations; and

b.

Decks.

(4)

Firewood storage. Firewood may be stored in side or rear yards only and shall be neatly stacked in a safe and stable manner. Piles or stacks of firewood shall not exceed six feet in height and shall not be located closer than five feet to a property line. For the purposes of this article, firewood intended for domestic use and stored in compliance with the terms and conditions of this section shall not be considered junk, trash or rubbish. Nothing in this section is intended to repeal, abrogate, annul, impair, interfere with, or prohibit public nuisance enforcement and abatement proceedings as set forth in chapter 16, article II, division 9.

(Comp. Ords. 2000, § 17.03(13); Ord. No. 2005-23, § 2, 9-26-2005)

Meteorological equipment, radio and television antennas and equipment, satellite dish antennas, solar energy systems, and similar apparatus and equipment for use by the building occupant may be mounted on and above the roof of any building except as otherwise restricted or prohibited by this chapter.

(Comp. Ords. 2000, § 17.03(14))

Except as otherwise provided in this chapter, the height of any building hereafter erected, converted, enlarged, or structurally altered shall conform to the height regulations established herein for the zoning district in which such building is located, except in the following cases:

(1)

Agricultural buildings. Principal and accessory agricultural buildings and structures are exempt from the height regulations of this chapter, provided such buildings or structures are located on a minimum 30-acre farm site.

(2)

Government buildings and structures. Buildings and structures constructed by the village or other government entity for municipal or government operations or use are exempt from the height regulations of this chapter.

(3)

Public and quasi-public buildings. Churches, schools, hospitals, sanitariums, and other public and quasi-public buildings may be erected to a height not exceeding 65 feet, provided that the minimum required front, side and rear yard building setbacks are each increased at least one foot for each one foot of additional building height above the height limit otherwise established for the zoning district in which such building is located.

(Comp. Ords. 2000, § 17.03(15); Ord. No. 2006-04, § 1, 1-23-2006; Ord. No. 2011-18, § 1,10-24-2011; Ord. No. 2011-18, § 1, 10-24-2011)

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

Fence means an enclosing barrier consisting of vegetation, wood, stone, metal or other material. The term "fence" includes plantings such as hedges.

(Comp. Ords. 2000, § 17.03(16)(a))

The regulations in this division shall apply to all fences and hedges.

(Comp. Ords. 2000, § 17.03(16)(intro.))

No fence shall have sharp or pointed pickets dangerous to life or limb. Hedges and other plantings shall be continuously trimmed and all parts thereof confined to the property on which planted. Fences may be located on lot lines.

(Comp. Ords. 2000, § 17.03(16)(b))

The following regulations shall apply to all residential fences:

(1)

No fence shall exceed six in height except as otherwise permitted or restricted by this chapter.

(2)

Hedges may be permitted to grow to their natural height except as otherwise restricted by this chapter.

(3)

No fence or hedge located in a front yard or corner side yard shall exceed four feet in height.

(4)

Self-contained fencing or guardrails for swimming pools may be permitted to reach a height of eight feet.

(5)

Barbed wire fences, electrical fences, and single, double and triple strand fences are prohibited.

(6)

The most attractive side of a fence shall face outward toward adjoining property.

(Comp. Ords. 2000, § 17.03(16)(c); Ord. No. 2021-08, § 1, 6-28-2021)

The following regulations shall apply to all commercial and industrial fences:

(1)

No fence shall exceed eight feet in height except as otherwise permitted or restricted by this chapter.

(2)

Hedges may be permitted to grow to their natural height except as otherwise restricted by this chapter.

(3)

No fence or hedge located in a front yard or corner side yard shall exceed three feet in height.

(4)

Arms or extensions which project from a fence shall project into the lot proper.

(5)

No fence or other structure, consisting in whole or in part of barbed wire, rods, bands or other material dangerous to life and limb, shall be erected along or within four feet of any public street, sidewalk or alley.

(Comp. Ords. 2000, § 17.03(16)(d))

Salvage yards shall be completely enclosed by a solid (opaque) wall or fence at least eight feet in height, including solid entrance and exit gates. Such fence shall be permanently installed and properly maintained throughout the life of the salvage business. Salvage yard licenses required by section 6-19, will not be issued or renewed unless the fencing regulations set forth in this article are satisfied. The storage of junk (see section 50-6 for the definition of junk) outside fenced areas is prohibited.

(Comp. Ords. 2000, § 17.03(16)(e))

The regulations in this division shall apply to radio and television transmitting and receiving antennas, including satellite dish antennas and wireless telecommunication mobile service facilities as defined in section 50-6.

(Comp. Ords. 2000, § 17.03(17)(intro.); Ord. No. 2015-11, § 1, 4-27-2015)

Antennas shall comply with the same setback regulations as the principal building for the zoning district in which such antenna is located and shall not be located in any required front, side or rear yard.

(Comp. Ords. 2000, § 17.03(17)(a))

Antennas are allowed on the roof of any building in any zoning district, except that roof-mounted satellite dish antennas greater than one meter in diameter or width (see section 50-6 for the definition of satellite dish antenna) are not permitted in any residential or agricultural zone. Where roof mounting is permitted, antennas shall not occupy more than 25 percent of a roof area.

(Comp. Ords. 2000, § 17.03(17)(b))

Antennas may be constructed to a maximum height of 20 feet above the maximum building height permitted for the zoning district in which such antenna is located.

(Comp. Ords. 2000, § 17.03(17)(c))

Only one antenna exceeding the applicable zoning district building height limitations shall exist at any one time on any lot in a residential or agricultural zoning district.

(Comp. Ords. 2000, § 17.03(17)(d))

Antennas shall be set back from any public right-of-way a distance equal to or greater than the height of the antenna above ground.

(Comp. Ords. 2000, § 17.03(17)(e))

The height of any antenna shall be limited to the linear distance from the base of the antenna or base of the structure on which the antenna is located to the nearest overhead electrical power line, less five feet.

(Comp. Ords. 2000, § 17.03(17)(f))

The distance from any guy anchorage or similar device to a property line shall be at least six feet.

(Comp. Ords. 2000, § 17.03(17)(g))

Accessory or supplemental mechanical equipment and attachments for antennas shall be shielded from view and physically protected by suitable fencing or screening.

(Comp. Ords. 2000, § 17.03(17)(h))

(a)

Purpose. This section is intended to regulate mobile service facilities to the full extent allowed by Wis. Stats. § 66.0404 and other applicable laws. Nothing herein is intended to regulate or authorize the regulation of mobile service facilities in a manner that is preempted or prohibited by Wis. Stats. § 66.0404 or other applicable laws.

(b)

Definitions. All terms used herein shall have the meaning described in Wis. Stats. § 66.0404(1)—see below:

Antenna means communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.

Application means an application for a permit under this section to engage in either:

(1)

The siting and construction of a new mobile service support structure and facilities.

(2)

With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities or a class 2 collocation.

Building permit means a permit issued by Village of Howard that authorizes an applicant to conduct construction activity that is consistent with Village of Howard building code.

Class 1 collocation means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility but does need to engage in substantial modification.

Class 2 collocation means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility or engage in substantial modification.

Collocation means class 1 or class 2 collocation or both.

Distributed antenna system means a network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.

Equipment compound means an area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.

Existing structure means a support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with Village of Howard.

Fall zone means the area over which a mobile support structure is designed to collapse. Mobile service has the meaning given in 47 USC 153 (33) see below:

(1)

Mobile service. The term "mobile service" means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes:

a.

Both one-way and two-way radio communication services,

b.

A mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and

c.

Any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.

Mobile service facility means the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.

Mobile service provider means a person who provides mobile service.

Mobile service support structure means a freestanding structure that is designed to support a mobile service facility.

Permit means a permit, other than a building permit, or approval issued by a political subdivision which authorizes any of the following activities by an applicant:

(1)

A class 1 collocation.

(2)

A class 2 collocation.

(3)

The construction of a mobile service support structure.

Political subdivision means a city, village, town, or county.

Public utility has the meaning given in Wisconsin Statutes.

Search ring means a shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.

Substantial modification means the modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:

(1)

For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.

(2)

For structures with an overall height of more than 200 feet, increases the overall height of the structure by ten percent or more.

(3)

Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.

(4)

Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

Support structure means an existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.

Utility pole means a structure owned or operated by an alternative telecommunications utility, as defined in Wisconsin Statutes; public utility, as defined in Wisconsin Statutes; telecommunications utility, as defined in Wisconsin Statutes; political subdivision; or cooperative association organized under Wisconsin Statutes; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Wisconsin Statutes; for video service, as defined in Wisconsin Statutes; for electricity; or to provide light.

(c)

New towers and facilities. Further modification of the mobile service support structure and facilities would be allowed pursuant to this section The siting and construction of a new mobile service support structure and facilities shall be subject to the following requirements:

(1)

Application process. The applicant shall submit a written application which shall include all of the following information.

a.

The name and business address of, and the contact individual for, the applicant.

b.

The location of the proposed tower.

c.

The location of the mobile service facility.

d.

A construction plan which describes the tower, equipment, network components, antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.

e.

An explanation as to why the applicant chose the proposed location, and why the applicant did not choose collocation, including a sworn statement from the responsible party attesting that collocation within the applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.

(2)

Determination of completeness within ten days of submittal. The village administrator shall review the application and determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The community development director shall notify the applicant in writing within ten days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their applications as often as necessary until it is complete.

(3)

Conditional use review procedure. Further modification of the mobile service support structure and facilities would be allowed pursuant to this section. The wireless telecommunications mobile service facility shall be a conditional use, however it is not subject to article II, division 9 of this chapter, but instead shall be reviewed pursuant to the following procedures:

a.

Public hearing. Within a reasonable time after an application and all required information has been filed, a public hearing shall be held by the plan commission pursuant to this chapter. Within 40 days after the public hearing and all investigation, the plan commission shall make a recommendation to the village board unless the time is extended by the petitioner.

b.

Fee. Any petition shall be accompanied by a fee as set from time-to-time by the village board to defray the cost of notification and holding of public hearing. Costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review and implementation of the conditional use shall be charged to the Petitioner. Such fee shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).

c.

Requirements.

1.

Conditional use status shall not be granted to communication towers unless the tower is located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property, subject to the following. If an applicant provides the village with engineering certification showing that the tower is designed to collapse within a smaller area than the radius equal to the height of the tower, the smaller area shall be used unless the village has and provides the applicant substantial evidence that the engineering certification is flawed.

2.

Offset and setback distances shall be increased according to section 40.421(d) "Increased Permitted" of this code.

3.

All facilities shall meet all state and federal codes.

d.

Determination. The village board shall make a decision on the application within a reasonable time after receipt of the plan commission recommendation, provided further that the final action shall be taken within 90 days of receipt of the complete application unless the time is extended by the petitioner. Said decision shall be stated in writing and a copy made a permanent part of the village records. If conditional use status is not granted, the reasons therefor will be included in such record. A grant of condition use status, subsequent changes or additions thereto and terminations thereof shall be recorded as follows:

1.

An official record of such conditional grant shall be prepared by the Building Inspector on a form prescribed therefore which shall include the description of the use for which the grant is given and all conditions attached thereto as well as a copy of the resolution of the village board approving the grant. A copy of the completed form shall be recorded at the Brown County Register of Deeds as a covenant on the title for the premises for which the conditional use was granted.

e.

Changes or additions. Subsequent changes or additions to the approved plans or use shall first be submitted for approval to the plan commission and, if, in the opinion of the village administrator in his review of the revisions requested, such change or addition constitutes a substantial alteration, a public hearing before the plan commission shall be required and notice thereof be given pursuant to this chapter.

f.

Conditions. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yard, or parking requirements, among other issues as deemed appropriate may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter; subject to the limitations of subsection (4), Limitations upon authority below.

(4)

Limitations upon authority. The village review and action in the matter shall be subject to the limitations imposed by Wis. Stats. § 66.0404(4). In the event the applicant believes the village has exceeded its authority in this regard, the applicant shall notify the village board in writing and the village board reserves the right to reconsider the matter, to ensure that applicable laws are followed.

(d)

Modifications. The construction of modifications to an existing mobile service support structure or mobile service facility shall be subject to the following requirements:

(1)

Substantial modification.

a.

Application and review process. The application and review process for a substantial modification is identical to the application and review process for a new tower, as described in subsection (c), New towers and facilities, above, except that the required plans should describe the proposed modifications, rather than describe the new structure.

(2)

Not substantial modifications.

a.

Application information. The applicant shall submit a written application that describes the applicant's basis for concluding that the modification is not substantial, and all of the following information:

i.

The name and business address of, and the contact individual for, the applicant.

ii.

The location of the affected support structure.

iii.

The location of the proposed facility.

b.

Completeness determination within five days. The building inspector will determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The building inspector must notify the applicant in writing within five days of receiving the application if it is found not to be complete, specifying in detail the required information that was incomplete. The applicant may resubmit as often as necessary until it is complete.

c.

Fee. Any petition shall be accompanied by a fee as set from time-to-time by the village board to defray the cost of review. Costs incurred by the Village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review and implementation of the modifications shall be charged to the petitioner. Such fee shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).

d.

Determination. The Building Inspector shall make a decision on the application within a reasonable time after receipt of the completed application, and not later than 45 days after receipt of the completed application unless the time is extended by the Petitioner. Said decision shall be stated in writing and a copy made a permanent part of the village records. If modifications as requested are not approved by the building inspector, the reasons therefor will be provided to the applicant in writing.

e.

Limitations upon authority. The village review and action in the matter shall be subject to the limitations imposed by Wis. Stats. § 66.0404(4). And such other laws as may apply which may include 47 USCA Section 1455. In the event the applicant believes the village has exceeded its authority in this regard, the applicant shall notify the village board in writing and the village board reserves the right to reconsider the matter.

(Ord. No. 2015-11, § 1, 4-27-2015)

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

Temporary building means as defined in section 50-6.

(Comp. Ords. 2000, § 17.03(18)(a); Ord. No. 2006-19, § 1, 9-25-2006)

The regulations in this division shall apply to temporary buildings.

(Comp. Ords. 2000, § 17.03(18)(intro.); Ord. No. 2006-19, § 1, 9-25-2006)

A temporary building erected or used for a period not exceeding 60 days per calendar year per parcel shall not require a building permit and is exempt from the zoning approval requirements set forth in section 50-113.

(Comp. Ords. 2000, § 17.03(18)(b); Ord. No. 2006-19, § 1, 9-25-2006)

A temporary building erected or used for a period exceeding 60 days per calendar year per parcel shall comply with the following regulations:

(1)

The building shall be allowed as a conditional use only according to the regulations set forth in division 9 of article II of this chapter.

(2)

No conditional use approval granted by the village board shall be valid unless the building location (distance from property lines and other structures), intended use, size (length, width and height), composition of materials, exterior colors, and permitted duration of use are specifically approved by the village board upon village plan commission recommendation.

(3)

The building is exempt from the zoning approval requirements set forth in section 50-113.

(4)

No building shall be installed, placed, used or occupied without a building permit being obtained in accordance with chapter 40.

(Comp. Ords. 2000, § 17.03(18)(c); Ord. No. 2006-19, § 1, 9-25-2006)

A conditional use approval granted by the village board per section 50-1012 shall be valid for a period not to exceed five years at which time the approval shall expire and the structure shall be dismantled and removed from the property.

(Comp. Ords. 2000, § 17.03(18)(d); Ord. No. 2006-19, § 1, 9-25-2006)

No temporary building shall be located in a required yard as specified in section 50-905 unless specifically permitted as a conditional use per section 50-1012.

(Comp. Ords. 2000, § 17.03(18)(e); Ord. No. 2006-19, § 1, 9-25-2006)

Temporary buildings erected and used as residential accessory storage buildings shall comply with the following regulations:

(1)

Such buildings are permitted only in the R-1, R-2, R-3, R-5 and A-1 zoning districts.

(2)

In the R-1, R-2 and R-3 zoning districts, such buildings are permitted only on lots with an area of one acre or greater.

(3)

No more than one such building shall be permitted per lot.

(Comp. Ords. 2000, § 17.03(18)(f); Ord. No. 2006-19, § 1, 9-25-2006)

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

Transitional facility means a premises, other than a community living arrangement or community based residential facility, for the temporary placement of persons on parole, extended supervision or probation in a controlled environment, including supervision or monitoring.

(Comp. Ords. 2000, § 17.03(19)(a); Ord. No. 2004-10, § 1, 3-22-2004)

(a)

Transitional facilities are allowed as a conditional use in the following zoning districts:

(1)

Multifamily (R-4).

(2)

Highway commercial (B-2).

(3)

Industrial park-business (I-2).

(4)

Industrial park-light industry (I-3).

(5)

Industrial park-heavy industry (I-4).

(b)

Transitional facilities are prohibited in the following zoning districts:

(1)

Single-family (R-1).

(2)

Single-family—duplex by subdivision (R-2).

(3)

Duplex (R-3).

(4)

Rural estate (R-5).

(5)

Exclusive agricultural (A-1).

(6)

Business (B-1).

(7)

South Cardinal Lane Business (B-3).

(8)

General industrial (I-1).

(9)

Existing industrial (I-5).

(10)

Industrial park-corporate headquarters (I-6).

(11)

Planned development (PD).

(c)

The provisions of division 9 of article II of this chapter, pertaining to conditional uses, shall be applicable to any transitional facility that is permitted as a conditional use.

(Comp. Ords. 2000, § 17.03(19)(b); Ord. No. 2004-10, § 1, 3-22-2004)

Except as specifically regulated elsewhere in this chapter, decks shall comply with the requirements of this division.

(Comp. Ords. 2000, § 17.03(10)(intro.); Ord. No. 2005-23, § 3, 9-26-2005)

Decks shall be permitted in any yard except in front and corner side yards.

(Comp. Ords. 2000, § 17.03(10)(a); Ord. No. 2005-23, § 3, 9-26-2005)

Decks shall be constructed no closer than five feet to property lines in residential zoning districts and no closer than ten feet to property lines in all other zoning districts.

(Comp. Ords. 2000, § 17.03(10)(b); Ord. No. 2005-23, § 3, 9-26-2005)

Decks may be freestanding or may adjoin or be attached to other structures.

(Comp. Ords. 2000, § 17.03(10)(c); Ord. No. 2005-23, § 3, 9-26-2005)

The regulations set forth in division 3 of article V of this chapter, accessory buildings and uses, shall not apply to decks.

(Comp. Ords. 2000, § 17.03(10)(d); Ord. No. 2005-23, § 3, 9-26-2005)

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

Outdoor solid fuel burning furnace means any furnace or similar appliance designed to be set up and operated in the open, outside of a building or structure, which burns wood, coal, pellets or other solid fuel for the purpose of supplying space heating for one or more buildings in proximity to the appliance.

(Comp. Ords. 2000, § 17.03(21)(a); Ord. No. 2005-22, § 1, 9-26-2005)

Except as specifically regulated elsewhere in this chapter, outdoor solid fuel burning furnaces shall comply with the regulations in this division.

(Comp. Ords. 2000, § 17.03(21)(intro.); Ord. No. 2005-22, § 1, 9-26-2005)

Outdoor solid fuel burning furnaces shall be permitted in any zoning district except the R-1, R-2, R-3 or R-4 zoning district.

(Comp. Ords. 2000, § 17.03(21)(b); Ord. No. 2005-22, § 1, 9-26-2005)

No outdoor solid fuel burning furnace shall be located closer than ten feet to a building or structure or closer than 50 feet to a property line.

(Comp. Ords. 2000, § 17.03(21)(c); Ord. No. 2005-22, § 1, 9-26-2005)

Outdoor solid fuel burning furnaces shall be installed and operated in strict conformance with the manufacturer's installation instructions.

(Comp. Ords. 2000, § 17.03(21)(d); Ord. No. 2005-22, § 1, 9-26-2005)

All fuel used in outdoor solid fuel burning furnaces shall be approved for such use by the manufacturer of the appliance. Outdoor solid fuel burning furnaces shall not be used to burn rubbish, garbage, recyclable items, trash, leaves, grass clippings, green vegetative materials, rubber, plastic, leather, petroleum-based materials or flammable or combustible liquids.

(Comp. Ords. 2000, § 17.03(21)(e); Ord. No. 2005-22, § 1, 9-26-2005)

No outdoor solid fuel burning furnace shall be operated unless adequate fire suppression equipment is present to extinguish or control the fire at all times.

(Comp. Ords. 2000, § 17.03(21)(f); Ord. No. 2005-22, § 1, 9-26-2005)

Smoke generated from the operation of an outdoor solid fuel burning furnace shall not create a nuisance for neighboring property owners.

(Comp. Ords. 2000, § 17.03(21)(g); Ord. No. 2005-22, § 1, 9-26-2005)

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

Miniwarehouse (self-service storage facility) means as defined in section 50-6.

(Comp. Ords. 2000, § 17.03(22)(a); Ord. No. 2005-26, § 2, 10-24-2005; Ord. No. 2008-09, § 1, 2-25-2008)

Except as specifically regulated elsewhere in this chapter, miniwarehouses (self-service storage facilities) shall comply with the requirements in this division.

(Comp. Ords. 2000, § 17.03(22)(intro.); Ord. No. 2005-26, § 2, 10-24-2005; Ord. No. 2008-09, § 1, 2-25-2008)

Miniwarehouse units may only be used for the storage of household or business goods and wares.

(Comp. Ords. 2000, § 17.03(22)(b); Ord. No. 2005-26, § 2, 10-24-2005; Ord. No. 2008-09, § 1, 2-25-2008)

The following uses are prohibited in miniwarehouse units:

(1)

Any type of sales activity, including, but not limited to, commercial sales, retail sales, wholesale sales, miscellaneous sales, garage sales and auctions but excluding the sale of property seized by the warehouse owner under state or local law.

(2)

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawnmowers, appliances or other equipment.

(3)

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.

(4)

The use or storage of flammable or hazardous chemicals or explosives except motor vehicle fuel in permanent, on-board vehicle fuel tanks.

(5)

Any use which is not consistent with the permitted uses listed in section 50-1145.

(Comp. Ords. 2000, § 17.03(22)(c); Ord. No. 2005-26, § 2, 10-24-2005; Ord. No. 2008-09, § 1, 2-25-2008)

All off-street parking spaces and loading berths required to serve buildings or uses erected or established after the effective date of the ordinance from which this chapter is derived shall be located on the same lot as the building or use served, except that parking spaces serving business or industrial buildings or uses may be located on an adjacent lot or lots, within 300 feet of the building or use served, if such parking is permitted in the zoning district. Off-street parking spaces may be located in any yard, except as specifically prohibited elsewhere in this chapter, but shall not be located closer than five feet to any property line. Loading berths shall not be located in front, corner side or side yards.

(Comp. Ords. 2000, § 17.21(1))

Each required off-street parking space shall be at least nine feet in width, measured at right angles to the centerline of vehicle as parked, and at least 18 feet in length for angle parking and 23 feet in length for parallel parking, exclusive of access drives, aisles, ramps or columns. Each required off-street loading berth shall be at least 55 feet in length, exclusive of aisles and maneuvering space, and shall have a vertical clearance of at least 15 feet.

(Comp. Ords. 2000, § 17.21(2); Ord. No. 2008-08, § 1, 2-25-2008)

Aisles or drives required for access to off-street parking spaces shall be:

(1)

At least 24 feet wide for 90-degree angle parking;

(2)

At least 18 feet wide for 60-degree angle parking;

(3)

At least 15 feet wide for 45-degree angle parking; and

(4)

At least 12 feet wide for parallel parking.

For the parking spaces that are angled, the angle is measured from the centerline of the parking space to the centerline of the aisle.

(Comp. Ords. 2000, § 17.21(3))

All required off-street parking spaces and loading berths shall be accessible from a street or public right-of-way and such access shall be designed in a manner which will least interfere with traffic movement.

(Comp. Ords. 2000, § 17.21(4))

No off-street parking spaces or portions thereof shall serve as required parking for more than one use, except that off-street parking spaces for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements. Required off-street parking spaces shall be utilized solely for the parking of passenger motor vehicles belonging to patrons, occupants or employees of the use or building served, except as specifically authorized by the village board. Space allocated to required off-street loading berths shall not be used to satisfy space requirements for off-street parking facilities.

(Comp. Ords. 2000, § 17.21(5))

When the computation of off-street parking spaces required by this chapter does not result in a whole number, any fraction of less than one half may be disregarded, while a fraction of one half or more shall be counted as one parking space. The computation of spaces required for employee parking shall be based on the maximum number of employees on duty or occupying the premises at any one time.

(Comp. Ords. 2000, § 17.21(6))

No construction, expansion, improvement or development work shall commence on any off-street parking lot, facility or area until zoning approval is granted in accordance with the requirements and procedures set forth in section 50-113. The design plans for such site development shall be reviewed and approved by the village department of code administration prior to commencement of construction or development. Required plans shall be drawn to scale, fully dimensioned and shall show all property lines, setbacks, building locations, proposed parking spaces and loading facilities, aisles, driveways, access points, site drainage and other information and data sufficient to determine compliance with the requirements specified in this article and the standards approved by the village plan commission.

(Comp. Ords. 2000, § 17.21(7))

All off-street parking, drive and loading areas shall be adequately drained in such a manner as not to create a public nuisance as defined in section 50-6. Where storm sewer is available and where deemed necessary by the village department of code administration for proper storm and clear water management, area drains shall be installed and connected to the storm sewer system. The property owner shall be responsible for all costs involved in the installation of the drain system on the property and for connection of the drain system and other appropriate sources of clear water to the storm sewer. The design and sizing of parking, drive and loading area drain systems shall be in accordance with the tables, standards and provisions established in the plumbing code of the Wisconsin Administrative Code.

(Comp. Ords. 2000, § 17.21(8))

Off-street parking, drive and loading areas shall be surfaced in accordance with the following regulations:

(1)

Business zones. Parking, drive and loading areas in all business zoning districts shall be paved with asphalt or concrete.

(2)

Industrial zones. Parking, drive and loading areas located in front or corner side yards in any industrial zoning district shall be paved with asphalt or concrete.

(3)

Existing parking areas. Existing parking, drive and loading areas on properties served by municipal storm sewer shall comply with the surfacing requirements specified in subsections (1) and (2) of this section by November 1, 2000, or upon completion of public street improvements or upon building additions, alterations or change of use, whichever occurs first. For the purposes of this subsection, the term "served by municipal storm sewer" means any property where municipal storm sewer is available in a street or public right-of-way adjacent to or abutting the lot or parcel of land. Appeals of the provisions of this subsection may only be heard and ruled upon by the village board of appeals in accordance with division 7 of article II of this chapter.

(4)

Residential zones. With the exception of the rural estate (R-5) zoning district, driveways and parking spaces in all residential zones shall be paved with asphalt, concrete, or paving bricks. This regulation shall include and apply to parking spaces used for the open storage of wheeled vehicles as defined in section 50-903. The asphalt, concrete, or paving brick must encompass the entire length and width of the vehicle.

(Comp. Ords. 2000, § 17.21(9); Ord. No. 2020-07, § 1, 10-2-2020)

All paved and unpaved parking, drive and loading areas shall be maintained at all times in such a manner as to prevent wind and water erosion or the release of dust to the air. All off-street parking spaces required by this chapter shall be clearly identified by paint striping, marking or other approved method and bumper guards shall be installed where required by grade.

(Comp. Ords. 2000, § 17.21(10))

All open, off-street parking areas containing more than three parking spaces shall be effectively screened on each side adjoining any institutional premises or any property situated in a residential zoning district by a solid wall or fence at least six feet in height, unless such wall or fence is specifically prohibited in division 6 of this article. Off-street loading berths shall be similarly screened by a solid wall or fence at least eight feet in height, unless such wall or fence is specifically prohibited in division 6 of this article.

(Comp. Ords. 2000, § 17.21(11))

All parking drive and loading areas greater than or equal to 50,000 square feet in area shall be landscaped with trees and shrubs according to standards prescribed by the village plan commission. Detailed landscape design plans for such areas shall be submitted to the village plan commission for review and approval prior to commencement of construction or development on the site.

(Comp. Ords. 2000, § 17.21(12))

Any lighting used to illuminate off-street parking and loading areas shall be directed away from residential properties and public streets in such a manner as not to create a public nuisance as defined in section 50-6.

(Comp. Ords. 2000, § 17.21(13))

No business, servicing, repair work, processing, sales or storage shall be permitted in any parking lot, facility or area unless specifically authorized by the village board.

(Comp. Ords. 2000, § 17.21(14))

All driveways shall comply with the following regulations:

(1)

Design. Driveway aprons and approaches shall comply with the design standards set forth in chapter 32, article VI.

(2)

Setback. Except where an easement or agreement exists between owners of abutting property, driveways shall not cross nor be located within five feet of any lot line.

(3)

Parking. Parking spaces required by this chapter shall not be located on driveways.

(4)

Paving. Driveways serving properties with curb and gutter installed in the street and with one or more dwelling units, the building permits for which were issued on or after March 1, 2008, shall be paved with asphalt, concrete or paving bricks within one year after occupancy of the dwelling on the property. At a minimum, required paving shall extend from the road right-of-way line to the minimum front or corner side yard setback line.

(Comp. Ords. 2000, § 17.21(15); Ord. No. 2008-7, § 1, 2-25-2008)

When the use of any building or premises is increased due to the addition of dwelling units, expansion of floor area, increase in seating capacity, or other cause, additional off-street parking and loading facilities shall be provided as required herein for such increase in use, and for at least 50 percent of any existing deficiency in parking or loading facilities.

(Comp. Ords. 2000, § 17.21(16))

Whenever the existing use of a building or premises is changed to a different use, off-street parking and loading facilities shall be provided as required herein for such new use.

(Comp. Ords. 2000, § 17.21(17))

For any conforming or legally nonconforming building or use in existence on the effective date of the ordinance from which this chapter is derived, which subsequently thereto is damaged or destroyed by fire, collapse, explosion, or other cause, and which is reconstructed, reestablished or repaired, off-street parking and loading facilities shall be provided as required herein for such building or use.

(Comp. Ords. 2000, § 17.21(18))

When required off-street parking facilities are not located on the same lot as the building or use served, such facilities shall be in common possession with the building or use to which the parking facilities are accessory. Such possession may be by deed or long term lease, the terms of such lease to be determined by the village board of appeals. Such deed or lease shall be filed with the register of deeds of the county and shall require the owner or the owner's heirs and assigns to maintain the required number of parking spaces for the duration of the use served or the term of the deed or lease, whichever shall terminate first.

(Comp. Ords. 2000, § 17.21(19))

All off-street parking facilities shall comply with Wis. Stats. §§ 101.13 and 346.503 which set forth standards and regulations regarding parking requirements for physically disabled persons.

(Comp. Ords. 2000, § 17.21(20))

Accessory off-street parking facilities serving a building or use in existence on the effective date of the ordinance from which this chapter is derived shall not hereafter be reduced below the minimum requirements established in this chapter for such building or use.

(Comp. Ords. 2000, § 17.21(21))

Parking spaces complying with the design parameters set forth in this chapter shall be provided in accordance with the guidelines set forth in this section for the uses listed. In the event a proposed use is not specifically listed in this section, the village director of code administration shall determine minimum parking requirements based on building areas, number of employees, volume of business generated and other standards approved by the village plan commission. The village director of code administration may also require submittal of a parking needs assessment from anyone applying for zoning approval and may use such assessment to determine minimum parking requirements.

(1)

Residential uses.

a.

Single-family dwellings, detached. Two spaces, at least one of which shall be enclosed within a carport or private garage. Required parking spaces shall not be located in a front or corner side yard.

b.

Two-family dwellings. Two spaces per dwelling unit, at least half of which shall be enclosed within a carport or private garage. Required parking spaces shall not be located in a front or corner side yard.

c.

Multifamily dwellings. Two spaces per dwelling unit, at least half of which shall be enclosed within a carport or private garage. In addition, at least one open or enclosed guest parking space shall be provided for every four dwelling units or fraction thereof. Parking, drive and loading areas greater than or equal to 10,000 square feet shall be provided with landscape islands and/or aisle divisions according to standards prescribed by the village plan commission. Detailed landscape design plans for such areas shall be submitted to the village plan commission for review and approval prior to commencement of construction or development on the site.

d.

Lodginghouses and apartment hotels. There shall be 1½ spaces per dwelling unit or lodgingroom plus one space per employee plus additional spaces as required for supplemental uses.

e.

Group homes and community living arrangements. One space for every four occupants plus one space per employee.

f.

Family day care homes. Two spaces, at least one of which shall be enclosed within a carport or private garage. Required parking spaces shall not be located in a front or corner side yard. Additional spaces, as determined by the village plan commission, may be required if employees or staff persons do not reside on the premises or if the day care facility is located on an arterial street.

g.

Bed and breakfast establishments. One space per guestroom or lodgingroom plus parking for the occupant of the dwelling as specified in subsection (1)a of this section.

(2)

Educational and cultural uses.

a.

Elementary and middle schools. One space per employee plus adequate visitor parking as determined by the village plan commission.

b.

Senior high schools. One space for every five students, based on the maximum number of students attending classes on the premises at any one time during any 24-hour period, plus one space per employee.

c.

Colleges, universities and technical schools. One space for every six students, based on the maximum number of students attending classes on the premises at any one time during any 24-hour period, plus one space per employee.

d.

Fraternities, sororities and dormitories (accessory to colleges, universities and technical schools). One space for every three active members or dormitory residents plus one space for the manager.

e.

Auditoriums, gymnasiums, stadiums and grandstands (accessory to educational institutions). One space for every eight seats.

f.

Public libraries, art galleries, museums and aquariums. One space for every two building occupants, based on the maximum capacity of the building in persons, plus one space for every two employees.

(3)

Health and medical uses.

a.

Hospitals. One space for every four hospital beds plus one space for every two employees and doctors.

b.

Medical and dental clinics. Three spaces for every staff member and doctor.

c.

Nursing homes, rest homes, convalescent homes and sanitariums. One space for every four beds plus one space for every two employees (other than staff doctors) plus one space per staff doctor.

(4)

Religious uses.

a.

Churches, chapels, temples and synagogues. One space for every four seats.

b.

Convents, seminaries, monasteries, rectories, parsonages, parish houses and religious retreats. Parking spaces shall be provided, as determined by the village plan commission, in adequate number to serve persons employed or residing on the premises as well as the visiting public.

(5)

Recreational uses.

a.

Stadiums, ball parks and outdoor sports arenas. One space for every four permanent seats. Required parking spaces shall be located no further than 800 feet from the property on which such recreational use is located.

b.

Public theaters, indoor sports arenas, auditoriums and gymnasiums. One space for every four seats plus one space per employee.

c.

Bowling alleys. Four spaces per alley plus additional spaces for affiliated or accessory uses as required by this ordinance.

d.

Dance halls, skating rinks, lodge halls and exhibition halls (without fixed seats). One space for every 80 square feet of building floor area.

e.

Shooting ranges and golf driving ranges. One space for every shooting station or driving tee.

f.

Miniature golf courses and putting greens. Two spaces for every golf hole.

g.

Game and athletic courts. Two spaces for every court.

h.

Golf courses. Eight spaces per hole plus one space for every 35 square feet of floor area of principal buildings associated with the golf course plus one space for every 200 square feet of building floor area of adjoining accessory commercial uses.

i.

Public swimming pools (other than those accessory to residential and commercial uses). One space for every 100 square feet of pool area plus one space per employee. A patron pickup and dropoff zone, located behind the front setback line, shall be provided on a directional driveway in such a manner as not to interfere with other required parking spaces.

j.

Marinas, harbors and launching ramps. One space for every boat berth or on-site storage space. In addition, if a launching ramp is available, double-length car/trailer parking spaces shall be provided as determined by the village plan commission.

(6)

Commercial and retail uses.

a.

Animal hospitals and kennels. Two spaces per employee.

b.

Appliance and equipment repair shops. One space for every 200 square feet of building floor area plus one space per employee.

c.

Banks and financial institutions. One space for every 200 square feet of building floor area plus one space per employee. For banks and financial institutions with drive-up windows, a minimum of six spaces shall be provided for the first drive-up window plus four spaces for each additional window plus one space per employee.

d.

Barbershops, beauty salons and personal service uses. Two spaces for every operator station plus one space per employee.

e.

Bus and motor coach depots and stations. Six spaces per bus at peak loading capacity plus one space per employee.

f.

Business, governmental and professional offices. One space for every 300 square feet of building floor area for the first 8,000 square feet, plus one space for every 700 square feet of building floor area for the next 12,000 square feet, plus one space for every 1,000 square feet of building floor area in excess of 20,000 square feet, plus one space per employee.

g.

Carwash facilities. Three stacked spaces for every wash bay or lane plus one space per employee.

h.

Drive-in and carry-out restaurants and confectioneries. One space for every 50 square feet of building floor area devoted to patron use (excluding restrooms) plus six stacked spaces for every drive-up window plus one space per employee.

i.

Dry cleaners and full-service laundries. One space for every two employees.

j.

Funeral homes and mortuaries. One space for every five seats or for every 100 square feet of floor of each chapel or parlor, whichever is greater.

k.

Furniture and large appliance stores. One space for every 500 square feet of building floor area plus one space per employee.

l.

Governmental buildings. One space for every two employees plus such additional space as deemed necessary by the village plan commission.

m.

Miscellaneous business, commercial and retail uses including self-storage miniwarehouses (unless otherwise listed). One space for every two employees plus additional spaces for customers, patrons and users as determined by the village plan commission.

n.

Hotels and motels. One space per lodgingroom plus one space per employee plus additional spaces for affiliated or accessory uses as required by this chapter.

o.

Motor vehicle fuel sales businesses. Three stacked spaces for every fueling position plus one space per employee.

p.

Motor vehicle and machinery sales businesses. One space for every 400 square feet of building floor area plus one space per employee.

q.

Motor vehicle repair garages. Two spaces for every service stall plus one space per employee.

r.

Music, dance and business schools. One space for every five students plus one space for every two employees.

s.

Nursery schools and group day care centers. One space for every eight children plus one space per employee. This requirement may be reduced to one space for every ten children plus one space per employee if a patron pickup and dropoff zone, located behind the front setback line, is provided on a directional driveway in such a manner as not to interfere with other required parking spaces.

t.

Outdoor sales areas (automobiles, boats, trailers, building materials, nurseries, etc.). One space for every 1,000 square feet of open sales area plus one space per employee.

u.

Radio and television stations. One space for every two employees.

v.

Restaurants, taverns, supper clubs, cocktail lounges and nightclubs. One space for every two building occupants, based on the maximum capacity of the building in persons, plus one space per employee.

w.

Retail stores and shopping centers. The required parking for retail stores and shopping centers is as follows:

1.

One space for every 200 square feet of gross building floor area buildings up to 50,000 square feet;

2.

One space for every 250 square feet of gross building floor area for buildings between 50,000 square feet and 100,000 square feet;

3.

One space for every 300 square feet of gross building floor area for buildings in excess of 100,000 square feet.

x.

Self-service laundries (laundromats). One space for every two self-service units.

y.

Theaters, indoor. One space for every two seats, based on the maximum seating capacity of the building, plus one space per employee.

(7)

Industrial uses. One space for every 1,000 square feet of building floor area or for every two employees, whichever constitutes the greater number of spaces. Industries operating more than one shift shall provide additional spaces to accommodate personnel at times of shift change.

(8)

Miscellaneous uses.

a.

Planned developments. Parking spaces shall be provided as required for each individual use and as approved by the village board in accordance with division 16 of article IV of this chapter.

b.

Public utility, governmental and service uses. One space for every two employees plus additional spaces for the public as determined by the village plan commission.

c.

Philanthropic institutions. One space per employee plus additional spaces for the public as determined by the village plan commission.

(Comp. Ords. 2000, § 17.21(22); Ord. No. 2008-3, § 1, 1-28-2008)

Loading berths shall be provided as required for each individual use and as approved by the village plan commission.

(Comp. Ords. 2000, § 17.21(23))

Whenever any private property in the village is developed, as defined in section 50-6, all new and existing electrical power and communication lines, including, but not limited to, electric lines, telephone lines, cable television lines, etc., servicing such property, shall be buried underground in accordance with local and state regulations for such utility services. The provisions of this section shall not apply to electrical services of 600 volts or higher, or to pedestals, cabinets, transformers or other equipment designed and required to be installed above ground.

(Ord. No. 2010-12, § 1, 4-26-2010)

This division is adopted pursuant to authority granted by Wis. Stats. §§ 62.23(7) and 66.0401.

(Ord. No. 2011-8, § 1, 3-28-2011)

The purpose of this division is to:

(1)

Oversee the permitting of small wind energy systems;

(2)

Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system (per Wis. Stats. § 66.0401).

(Ord. No. 2011-8, § 1, 3-28-2011)

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

Administrator means the village director of code administration.

Meteorological tower (met tower) is defined to include the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

Owner shall mean the individual or entity that intends to own and operate the small wind energy system in accordance with this division.

Rotor diameter means the cross sectional dimension of the circle swept by the rotating blades.

Small wind energy system means a wind energy system that:

(1)

Is used to generate electricity;

(2)

Has a nameplate capacity of 100 kilowatts or less; and

(3)

Has a total height of 170 feet or less.

Total height means the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.

Tower means the monopole, freestanding, or guyed structure that supports a wind generator.

Village board means the village board of trustees.

Wind energy system means the equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by Wis. Stats. § 66.0403(1)(m)). This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system.

Wind generator means blades and associated mechanical and electrical conversion components mounted on top of the tower.

(Ord. No. 2011-8, § 1, 3-28-2011)

A small wind energy system shall be a conditional use in all zoning districts subject to the following requirements:

(1)

In the A-1 district they must meet [Wis. Stats.] § 91.46(4), unless they qualify under [Wis. Stats.] § 91.44(1)(f). They may also be allowed in the A-1 district as an accessory use under [Wis. Stats.] § 91.01(1) if the energy generated is being used primarily on the farm.

(2)

Setbacks: A tower for a small wind energy system shall be set back a distance equal to the total height of the system from:

a.

Any public road right-of-way, unless permission is granted by the governmental entity with jurisdiction over the road. Such permission shall be in a form acceptable for recording in the county register of deeds office for the parcel on which the tower is located.

b.

Any overhead utility lines, unless permission is granted by the affected utility, such permission shall be in a form acceptable for recording in the county register of deeds office for the parcel on which the tower is located.

c.

All property lines, unless permission is granted from the affected land owner or neighbor, such permission shall be in a form acceptable for recording in the county register of deeds office for the parcel on which the tower is located.

(3)

Access.

a.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

b.

The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

(4)

Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.

(5)

Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(6)

Appearance, color, and finish. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit.

(7)

Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.

(8)

Code compliance. A small wind energy system including tower shall comply with all applicable state construction and electrical codes, and the National Electrical Code.

(9)

Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the Public Service Commission of Wisconsin's rule 119, "Rules for Interconnecting Distributed Generation Facilities."

(10)

Met towers. Met towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.

(11)

Visual impact. Small wind energy systems shall be sited and sized in a manner to minimize visual impact to principal view corridors of adjoining properties. The plan commission may require the structure to be located outside of said principal view corridors. Principal view corridors shall be those views from primary living areas of the principal structure on a non-participating lot.

(Ord. No. 2011-8, § 1, 3-28-2011; Ord. No. 2014-20, 12-22-2014)

The following permit requirements shall apply to all small wind energy systems:

(1)

Building permit. A building permit shall be required for the installation of a small wind energy system.

(2)

Documents. The building permit application shall be accompanied by a plot plan which includes the following:

a.

Property lines and physical dimensions of the property.

b.

Location, dimensions, and types of existing major structures on the property.

c.

Location of the proposed wind system tower.

d.

The right-of-way of any public road that is contiguous with the property.

e.

Any overhead utility lines.

f.

Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).

g.

Tower foundation blueprints or drawings stamped by a design professional.

h.

Tower blueprint or drawing stamped by a design professional.

i.

The property lines and dimensions, with the names and addresses of the owners, of any properties proposed to be restricted from activities interfering with the system.

(3)

Fees. The same fee required for a building permit for a permitted accessory use must accompany the application for a building permit for a small wind energy system.

(4)

Expiration. A permit issued pursuant to this division shall expire if the small wind energy system is not installed and functioning within two years from the date the permit is issued.

(Ord. No. 2011-8, § 1, 3-28-2011)

(a)

A small wind energy system that is out of service for a continuous two-year period, excluding time spent on repairs or improvements, will be deemed to have been abandoned. The administrator may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date. The administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.

(b)

If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator from the tower at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the administrator may pursue a legal action to have the wind generator removed at the owner's expense and special charge on the tax roll.

(Ord. No. 2011-8, § 1, 3-28-2011)

(a)

An owner shall submit an application to the administrator for a building permit for a small wind energy system. The application must be on a form approved by the administrator and must be accompanied by two copies of the plot plan identified above.

(b)

Within 30 days of receipt of an application, the administrator shall determine whether the application is satisfactorily completed and, if no other properties are to be restricted by the permit, place the application on the agenda before the village plan commission. If the application identifies other properties to be restricted by the permit, the applicant shall provide notice to the owners of those properties personally or by certified mail; and, provide receipts for the delivery of such notice to the administrator. The administrator shall provide the notice form. The hearing before the village plan commission shall, in such cases, be scheduled in compliance with the timelines of Wis. Stats. §§ 66.0403(3)and 66.0403(4). Following such public hearing, the plan commission shall make written findings of fact on the proposed conditional use and shall submit such findings, together with its recommendation for approval or disapproval, to the village board. Such recommendation shall include any stipulations, conditions or guarantees deemed necessary by the plan commission for the protection of the public interest.

(c)

If the conditional use is approved by the village board, the administrator shall issue a building permit and return one signed copy of the application to the applicant.

(d)

If the conditional use is rejected by the village board, the administrator shall notify the applicant of the reason why the application was rejected.

(e)

The owner shall conspicuously post the building permit on the premises so as to be visible to the public at all times until construction or installation of the small wind energy system is complete.

(Ord. No. 2011-8, § 1, 3-28-2011)

It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this division or with any condition contained in a building permit issued pursuant to this division. Small wind energy systems installed and operated prior to the adoption of this division are exempt.

(Ord. No. 2011-8, § 1, 3-28-2011)

(a)

This division shall be administered by the administrator or other designated official.

(b)

The administrator may enter any property for which a building permit has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met.

(c)

The administrator may issue orders to abate any violation of this division.

(d)

The administrator may issue a citation for any violation of this division.

(e)

The administrator may refer any violation of this division to legal counsel for enforcement.

(Ord. No. 2011-8, § 1, 3-28-2011)

(a)

Any person who fails to comply with any provision of this division or a building permit issued pursuant to this division shall be subject to enforcement and penalties as provided in chapter 1, section 1-16 of the Howard Municipal Code.

(2)

Nothing in this section shall be construed to prevent the village board from using any other lawful means to enforce this division.

(Ord. No. 2011-8, § 1, 3-28-2011)

The provisions of this division are severable, and the invalidity of any section, subdivision, paragraph, or other part of this division shall not affect the validity or effectiveness of the remainder of the division.

(Ord. No. 2011-8, § 1, 3-28-2011)