Lannon Village City Zoning Code

ARTICLE II

- GENERAL PROVISIONS

Sec. 78-36. - Scope of regulations.

(1)

No provision of this chapter is intended to repeal, abrogate, annul, impair or interfere with any existing ordinance of the village except as is specifically repealed. Where this chapter imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open space about structures, or greater areas or dimensions of sites than is imposed or required by an existing ordinance, this chapter shall govern.

(2)

This chapter is not intended to abrogate any easement, covenant, or any other private agreement. Where the regulations of this chapter are more restrictive or impose more restrictive standards or regulations than such easements, covenant, or other private agreement, the requirements of this chapter shall govern.

(3)

Nothing herein contained shall require any change in the plans, construction, size or designated use of any structure or part thereof for which a building permit has been issued before the effective date of this chapter.

(4)

Uses and structures which were legally existing prior to enactment of this chapter but do not conform to the regulations of the district in which they are located shall be considered non-conforming, unless otherwise specifically established by action of the village board.

(5)

Any zoning lot, land use or structure which illegally existed prior to enactment of this ordinance shall not be made legal solely by the adoption of this chapter.

(6)

No structure, development, land, water, or airspace shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, substantially improved, extended, enlarged, converted, or structurally altered without a building permit and without fully complying with the provisions of this ordinance and all other local, county and state regulations.

(7)

No land shall be used or structure erected where the use or structure will result in a significant traffic impact and/or where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil, unfavorable topography or low load bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community.

The plan commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the commission may affirm, modify or withdraw its determination of unsuitability.

Sec. 78-37. - Use regulations.

(1)

Permitted uses. These uses are permitted by right, subject to the provisions of this chapter.

(2)

Conditional uses. These uses may be granted by the plan commission upon a determination of acceptable project impact and imposition of appropriate conditions as provided in section 78-57 of this chapter.

(3)

Principal uses. These uses represent the main or primary use of property or structures as permitted by the regulations of the zoning district in which such use is located.

(4)

Accessory uses and structures. These subordinate uses and structures are customarily incidental to and located upon the same lot occupied by the principal use or structure. Any accessory use or structure shall conform to the established regulations of the district in which it is located except as specified below. No accessory use or structure shall be permitted that by reason of noise, dust, odor, appearance, lighting, traffic generation, or other objectionable factors creates a nuisance or a substantial adverse effect upon the property value or reasonable enjoyment of the surrounding property.

In the case of an accessory structure not exceeding 150 square feet in ground area, the setback, offset, height and open area requirements of the district in which such structure is located may be modified by the building inspector and village zoning administrator upon submittal of structural, site and operational plans where in the building inspector and village zoning administrator's opinion, no adverse impact would result to surrounding properties from such modification. In no such case shall an accessory structure not exceeding 150 square feet be located closer than three feet to the side or rear yard. In granting such modification, the building inspector and zoning administrator may require such architectural treatment, screening by landscape or architectural means, regulation of lighting, or other measures as they deem necessary as a condition to such modification. Any such modification would be based solely on the unique merits of that particular case and would not set any precedent.

(5)

Unclassified uses. These uses are not specifically listed and shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of questions as to the classification of use, the question shall be submitted to the plan commission for determination.

(6)

Temporary uses and structures. Any temporary structure or temporary use (i.e. intended to remain in place for less than four months) may be permitted subject to the approval of the plan commission upon their review of potential impacts of the use and/or structure. The plan commission shall review the site plan review standards prior to approval of any temporary uses.

(7)

Nuisance uses. Any use, in any district, which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, may be required to be corrected or eliminated by such measures as are directed by the village board or its authorized representative.

(8)

Plan of operation required.

(a)

No person shall operate, and no property owner shall allow the operation of, a commercial enterprise, industry, home business, nonprofit organization or other nonresidential use without first obtaining the approval of a plan of operation from the plan commission, and no nonresidential activity shall be engaged in or carried on, except as approved in the plan of operation permit.

(b)

As businesses or institutions requiring a plan of operation add additional employees, change the nature of the product or service, change the site plan, or extend the hours of operation in any way that is beyond that which is approved under the plan of operation, approval of an amended plan of operation shall be required.

(9)

Chickens in single-family residential zoning districts.

(a)

Purpose and intent. It is the desire of the village board to permit residents in single-family zoning districts to keep a small number of chicken hens on their property on a non-commercial basis as a permissible accessory use while also protecting neighbors and the community from the noise, odors, and other negative aspects of raising chickens.

(b)

Definitions.

Chicken—Female gallus domesticus. Roosters are not permitted under this section.

Owners. For the purpose of this section "owner" includes the owner or tenant of the property in question and the owner or keeper of the chickens in question.

(c)

Permissible zoning districts. This section shall only apply to the [single-family residential] zoning districts. Keeping chickens in any other non-agricultural zoning district is strictly prohibited.

(d)

Number and types of chickens permitted.

The maximum number of chickens permitted is six per lot. Neighbors or owners of multiple lots are not permitted to combine lots to create larger chicken coops or structures.

Only female chickens are permitted. Roosters are not permitted under this section.

Fowl other than chickens are not permitted under this section.

(e)

Permits and fees.

The owner of any chicken shall obtain a permit from the village prior to keeping any chickens on his or her property. No permit shall be issued unless the enclosure has been inspected by a designee of the village to ensure compliance with village ordinances. Tenants may also obtain permits from the village provided the tenant has written consent from the owner.

The permit fee shall be $25.00. The permit year commences on January 1 and ends on December 31. Permit renewals are conditioned upon applicants obtaining an annual inspection of chicken coops and/or enclosures.

Only one permit may be issued to each parcel number.

(f)

Nuisance claims not precluded. Compliance with this section shall not preclude the village or any private citizen from pursuing otherwise valid nuisance claims against persons keeping chickens on their property.

(g)

Additional restrictions and requirements.

Slaughtering. The slaughtering of chickens in residential zoning districts is prohibited.

Distance/offset.

Chicken coops and enclosures shall not be located closer than 15 feet to any lot line.

Chicken coops and enclosures shall not be located closer than 75 feet from the ordinary high water mark of any lake, river, or stream.

Chicken coops and enclosures shall not be located in any front yard or side yard.

Enclosure requirements.

Chicken coops or enclosures shall be fully enclosed and shall have a minimum of 16 square feet of enclosure space per chicken.

Chicken enclosure areas shall not exceed 100 square feet.

Chicken coops and enclosures shall be regularly cleaned and otherwise maintained.

Chickens shall not be allowed inside of a residence.

Discontinued use. Chicken coops and/or enclosures shall be removed within 30 days of discontinued use.

Chickens shall not be permitted to roam or run outside their enclosure.

(h)

Penalties for violations. Any person who shall violate any of the provisions of this section shall be subject to a forfeiture of not less than $50.00 and not more than $1,000.00 for each violation. Every day in violation shall constitute a separate violation.

(Ord. of 8-14-06, § 1; Ord. of 10-8-12)

Secs. 78-38—78-40. - Reserved.

Editor's note— An ordinance adopted on Mar. 13, 2006, repealed §§ 78-38—78-40 in their entirety. Former §§ 78-38—78-40 pertained to building permit; building and occupancy permits; and foundation survey required, respectively. Former §§ 78-38—78-40 derived from an ordinance adopted Sept. 13, 1999.

Sec. 78-41. - Site regulations.

(1)

Lot requirements.

(a)

Suitability of land. No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The building inspector, in applying the provisions of this section, shall in writing recite the particular facts upon which he bases his conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter the plan commission may affirm, modify, or withdraw the determination of unsuitability. In addition:

All lots shall abut upon a public street, and each lot shall have a minimum frontage at the road right-of-way of 30 feet.

All principal structures shall be located on a lot; and only one principal structure shall be located, erected, or moved onto a lot in single-family and two-family residential districts. The plan commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the plan commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.

(b)

Lot described. The lot as herein defined shall be exclusive of any land lying in the public right-of-way, public streams or other public water body. Where such streams, water body or public right-of-way divide a single described parcel into two or more parts, such severed portions shall be considered separate individual lots provided they meet the use, building location and area regulations of the zoning district in which they are located. Where the parcels do not meet these lot requirements, they, in combination, shall be considered a single lot for regulatory purposes, computation of area requirements and other location provisions of this chapter.

(2)

Undesirable storage. On no property where the storage of equipment, materials, temporary structures, supplies, or vehicles is otherwise permitted shall such storage out of doors be so located or so arranged as to adversely affect the property values and general desirability of the neighborhood. The building inspector or any affected property owner may present such a case in writing to the plan commission for a determination, and a copy of such presentation shall be mailed to the alleged violator of this provision at least ten days prior to the plan commission meeting thereon, and he shall be permitted to present evidence in defense of his storage arrangement. The plan commission shall be entitled to issue written orders stating the manner and time in which such storage shall be enclosed or rearranged or relocated so as to eliminate such adverse effect. Disobedience of any such order shall subject the violator to the penalties provided in this chapter.

(3)

Street grade. Every building hereafter erected, structurally altered, or relocated shall be at a grade approved by the building inspector/village engineer as being in satisfactory relationship with the established street grades and adjacent property, or with the existing street grade where one is established, with particular consideration for proper drainage and safe vehicular access.

(4)

Mobile/manufactured home building foundation and size requirements. No single-family dwelling shall be erected or installed in any zoning district including the mobile home/manufactured housing district unless it meets all of the following:

(a)

Is set on an enclosed foundation in accordance with Wis. Stats. § 70.043(1), which meets the standards set forth in subchapters III, IV and V of Chapter COMM 21, Wis. Adm. Code. The building inspector may require a plan certified by a registered architect or registered professional engineer to be submitted in order to ascertain that a proposed comparable foundation system provides proper support for the structure.

(b)

Is properly connected to utilities. Shall have a minimum width of 24 feet.

(c)

Shall have a minimum living area per building of at least 1,000 square feet not including finished basements, enclosed porches, garages or decks.

(d)

Living area shall be measured from the outside edge of the exterior walls for each floor level.

Sec. 78-42. - Reserved.

Editor's note— An ordinance adopted Feb. 9, 2009, § 2, repealed § 78-42 which pertained to soil erosion and derived from an ordinance adopted Dec. 9, 2002, § 1.

Sec. 78-43. - Drainage regulations/onsite detention and runoff control.

(1)

Adequate drainage required. No principal building shall be erected, structurally altered or relocated on land which is not adequately drained, subject to periodic flooding, or subject to seasonal high groundwater where the lowest floor level will be less than one foot above the highest groundwater level. The determination of the seasonal high groundwater level shall be made by the village engineer. Required data shall be furnished by the property owner. Disagreements between the owner or his agent and the building inspector shall be sent to the plan commission for determination.

(2)

Onsite detention and runoff control. Activities subject to onsite detention and runoff control regulation under this chapter shall comply with the following standards:

(a)

The peak rate of runoff after the proposed activities may not exceed the peak rate of runoff that would have resulted from the same ten-year, 24-hour event occurring over the site with the land in its natural undeveloped state.

(b)

Where onsite detention is required for runoff control, the detention facilities shall safely contain the runoff of a 100-year storm event along with an overflow structure capable of bypassing storms in excess of the 100-year event.

(c)

Design and specifications shall be based on established and accepted procedures, and/or must conform to the standards set forth by the village engineer. Any deviation from accepted procedures must be approved by the village engineer.

(3)

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving the natural beauty of the landscape, no change in the existing topography shall be made which would affect drainage or increase the slope to a ratio greater than three horizontal to one vertical within a distance of 20 feet from the property line. Exceptions to this requirement, including retaining walls, may be permitted with the notification of the abutting property owner and the approval of the plan commission. In no case shall any slope exceed the normal angle of slippage of the material involved and all slopes shall be protected against erosion.

Sec. 78-44. - Engineering requirements.

(1)

Establish grades. Every building hereafter erected, structurally altered or relocated shall be at a grade approved by the appointed village engineer, or building inspector as being in satisfactory relationship with abutting properties and with the established street grades, or with the existing street grade where none is established, with particular consideration for proper drainage and safe vehicular access. Building footings shall be placed a minimum of one foot above the water table.

(2)

Drainage.

(a)

To the extent practicable, all development shall conform to the natural contours of the land and natural and pre-existing manmade drainage ways shall remain undisturbed.

(b)

To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing manmade drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways.

(c)

No surface water may be channeled or directed into a sanitary sewer.

(d)

Whenever practicable, the drainage system of the development shall coordinate with and connect to the drainage systems or drainage ways of surrounding properties or streets.

(e)

The damming, filling, relocation or interference with the natural flow of surface water along any surface water drainage channel or natural water course shall not be permitted except with approval of the village engineer or superintendent of public works and Wisconsin Department of Natural Resources. The Army Corp of Engineers or any other agency having jurisdiction.

If, in the opinion of the village engineer and/or superintendent of public works, any of the above conditions listed in subsection 78-44(2)(e) have occurred, whether accidentally, intentionally, or by natural deterioration over time, action must be taken by the property owner on whose property this change has occurred to reestablish an adequate drainage system acceptable to the village engineer and/or superintendent of public works, and applicable regulatory agency.

(f)

Construction specifications for drainage swales, curbs and gutters and storm drains are subject to the village engineer and/or superintendent of public works approval.

(g)

All developments shall be constructed and maintained in accordance with established erosion control and stormwater standards.

(h)

The intentional discharge of water from a pool, pond, sump pump, excavation or any receptacle shall discharge to a storm sewer where available. Where the property is not serviced by a storm sewer, the discharge shall be directed to a roadside drainage ditch. Where a storm sewer, drainage ditch or other drainage facility is not adjacent to a public roadway, the discharge shall only be directed to such storm sewer, drainage ditch or other drainage facility with the written approval of the village engineer and/or superintendent of public works. This applies to all discharges either pumped or by gravity.

The discharge, either piped or open ditch, shall be located in such a manner that the drainage shall be totally contained on the owner's property toward the roadside ditch or drainageway. The village reserves the right to regulate the rate of discharge.

(i)

The discharge from rain water conductors shall not intentionally be directed toward adjacent structures or create a nuisance. Where offset of the structure allows, the conductor must not end closer than five feet to an adjacent property line and should be parallel to it, if feasible.

(3)

Sewage disposal.

(a)

Any building involving human use or occupancy shall comply with the village sewer code. All other circumstances where sanitary sewer is not available shall comply with subsections (b)—(h).

(b)

No principal building involving human use or occupancy shall be permitted on a lot unless provision is insured for safe and adequate facilities for water supply and disposal of sewage. Satisfactory evidence to this effect shall be submitted to the village engineer who shall verify that such facilities are satisfactory and in conformity to all applicable ordinances.

(c)

No outhouse, privy or portable chemical toilet shall be hereafter erected, nor any existing such facility used except for temporary use on construction sites, approved recreation areas, or for village authorized special events.

(d)

Lots to be served by private sewage disposal facilities shall comply with applicable State of Wisconsin and Waukesha County requirements. The sewage disposal site shall be contained within the lot lines of the lot to be served.

(e)

A holding tank, in accordance with county and state regulations, shall be allowed to replace a failing septic or mound system as the only reasonable alternative for serving an existing platted lot as of the effective date of this chapter.

(f)

Construction of residential or business structures on a lot located within 400 feet of a village sewer line requires connection to the sewer line if legally possible and practicable.

(g)

Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, such utility facilities shall be located and constructed so that extensions can be conveniently and reasonably made in the future.

(h)

All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development.

(4)

Water supply.

(a)

No habitable structure shall be constructed or land division approved unless provision is made for a safe and adequate supply of drinking water on the premises.

(b)

Whenever it can reasonably be anticipated that water utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, such utility facilities shall be located and constructed so that extensions can be conveniently and reasonably made in the future.

(c)

(5)

Other utilities.

(a)

Every principal use and every lot within a subdivision shall have available to it a source of electric power and telephone service adequate to accommodate the reasonable needs and use of every lot within the subdivision.

(b)

All electric power lines (not to include transformers or enclosures containing electrical equipment including, but not limited to, switches, meters or capacitors which may be pad mounted), natural gas, telephone, and cable television lines in subdivisions constructed after the effective date of this chapter shall be placed underground in accordance with the specifications and policies of the respective utility companies.

(c)

All electric power, natural gas, telephone, and cable television lines installed to serve new development shall be placed underground in accordance with the specifications and policies of the respective utility companies. Cable line shall be place underground in accordance with the village's cable contract.

(6)

Filling and excavating. No person, firm or corporation shall transfer to dump or place upon any lands, public or private, solid fill within the limits of the Village of Lannon unless such fill is in compliance with village policies, specifications, and section 78-42 (soil erosion) of this chapter.

(7)

Easements.

(a)

In any case in which a developer installs or causes the installation of water, sewer, electrical power, telephone or cable television facilities and intends that such facilities shall be owned, operated or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.

(b)

Drainage and utility easements may be required by the village in connection with specific site plan approval. Generally, no landscaping or structures are allowed within the easement.

(8)

Streets and access drives.

(a)

All streets shall be constructed in accordance with village engineering standards. The plan commission may waive or modify these specifications if, in its judgment, it is not adverse to the public health, safety and welfare.

(b)

The right-of-way of all streets shall be the width specified on the official plat map recorded in the Waukesha County Register of Deeds Office or as established in section 62-232 of the subdivision code.

(c)

Streets shall be designed and located in relation to existing and planned streets, topographical conditions and natural terrain features such as streams and existing tree growth, public convenience and safety.

(d)

Local and minor residential streets may be required to connect with surrounding streets when necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons. Connections may be denied where the effect would be to encourage the use of such streets by substantial through traffic.

(e)

Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the anticipated or proposed street is expected. In addition, the village may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles.

(f)

New street names shall not duplicate the names of existing streets in the Village of Lannon; but streets that are continuations of others already in existence and named shall bear the name of the existing streets.

(g)

Reserve strips controlling access to streets shall be prohibited except where approved by the planning commission.

(h)

Except when no other alternative is practicable or legally possible, no two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline to centerline of the intersecting street. When the intersected street is an arterial, the distance between intersecting streets shall be at least 1,000 feet.

(i)

No poles, planters, walls, fences, rocks, berms or any other structures or landscaping which could create a road hazard or impede road or ditch maintenance ("manmade impediments") shall be permitted on or over any roadside right-of-way without the superintendent of public works written consent, except for mailboxes and newspaper tubes.

Sec. 78-45. - Building location.

(1)

Setbacks.

(a)

The setback lines from which building setbacks shall be measured is the right-of-way for all streets, highways, and approved access ways in the village.

(b)

Vision setback lines at the intersections of public streets or highways and of a street or highway with a railroad where the grade is not separated are hereby established as follows:

Across each sector between the intersection of a street or highway with a railroad, a vision setback line shall be established by a straight line connecting points on the right-of-way line and the railroad right-of-way line, which points are located 120 feet from the intersection of these two lines.

Across each sector between intersecting streets or highways, one or more of which has an established width of 100 feet or more, a vision setback line shall be established by a straight line connecting two points on the intersecting right-of-way lines, which are located 60 feet from the intersection.

Across each sector between any other intersecting streets, a vision setback line shall be established by a straight line connecting two points on the intersecting right-of-way lines which are located 30 feet from the intersection.

(c)

No principal building or its accessory buildings shall be erected, altered or placed so that any portion is closer to the right-of-way line than the setback distance hereafter specified by the regulations for the district in which such building is located with the following exceptions applicable only where the setback requirements of the properties involved are identical:

Where the nearest existing building on one side of the building is within 500 feet and has less than the required setback, the average between such existing setback and the required setback apply.

Where the nearest buildings on both sides of such building area within 500 feet of the building but not closer than 300 feet to each other and have less than the required setback, the average of such existing setbacks and the required setback shall apply.

Where the nearest buildings on both sides of such building are within 300 feet of each other and have less than the required setback, the average between such existing setbacks shall apply.

In the case of a proposed addition to an existing building which has less than the required setback, such existing building may be considered the "nearest existing building" in order to apply the above exceptions in determining required setback for the proposed addition.

(d)

No other structures of any kind, except necessary highway and traffic signs, public utility lines, drainage structures, rural mailboxes, newspaper boxes and open stairs extending six feet or less from the enclosed portion of the structure shall be hereafter erected, altered or placed within such base setback area. Private retaining walls, guard posts or other landscape structures shall not be permitted unless placed below the street centerline elevation.

(e)

In the vision setback area no structure or plant material of any kind shall be permitted which exceeds a height of two feet above the elevation of the center of the intersection, except for necessary highway and traffic signs, public utility lines and open fences (50 percent open construction) through which there is a clear vision, nor shall any plant material be permitted which obscures safe vision of the approaches to the intersection.

(f)

Additions to and replacements of existing structures may be made within the established setback areas as long as they do not further encroach into the setback area, subject to approval of the plan commission and provided the owner will file with the village an agreement in writing which shall be recorded in the Waukesha County Register of Deeds' office to the effect that the owner will remove all new construction additions and replacements erected after the adoption of this chapter at his expense, when necessary for the improvement of the highway.

(g)

In all cases where any of the highways for which setback lines are established by this chapter are located on municipal boundaries, such establishment shall apply only within the incorporated area.

(h)

On corner lots created as of the date of the adoption of this chapter except for parcels in the NR-4 district, the effect of the setback regulations shall be the same from both right-of-way lines. Existing parcels as of the date of the adoption of this chapter and parcels in the NR-4 district shall have a minimum side-on-corner setback of 20 feet.

(2)

Offsets. No principal building or its accessory buildings shall be hereafter erected or altered so that any portion thereof is closer to any lot line than the offset distance specified by the regulations for the district in which such building is located, with the following exceptions:

(a)

In the case of any legal lot of record that has a minimum average width of less than 100 feet, the offset from the side lot line may be reduced proportionately to the ratio between the actual minimum average width and 60 feet. Offsets for detached accessory buildings on lots of 100 feet in width or less may be reduced to an amount equal to the proportionate amount between the actual width and 100 feet and not less than five feet. A variance may be granted by the board of appeals to allow an accessory structure as close as three feet to a lot line. However, no detached accessory building shall be located closer than ten feet to any structure used for residential purposes.

(b)

Where a residential lot abuts a commercial or industrial district boundary line, the side yards from such line in the district of commercial or industrial use or multi-family shall be not less than that required for the residential district (typically single-family).

(c)

In the case of multiple-family or commercial use structures, the side yards may be modified as follows:

Two or more buildings on adjoining lots may be erected with common or directly adjoining walls, provided the requirements of the state industrial code relative to such construction are complied with and provided that at both ends of such "row" type buildings the applicable offset requirements shall be complied with.

(3)

Maintenance and use of setback and offset areas. Any such required setback or offset area shall be landscaped and kept clean and free from the accumulation of debris or refuse and shall not be used for the storage or display of equipment, products or any other material, except that temporary storage of non-commercial vehicles, boats, trailers, and firewood (neatly stacked) may be permitted.

( Ord. No. 19-7 , 10-14-19)

Sec. 78-46. - Height regulations.

(1)

Maximum height restricted. In any district no building or structure shall be hereafter erected or structurally altered to a height in excess of that specified by the regulations for that district.

(2)

Exceptions. The following shall be excepted from the height regulations of all districts:

(a)

Chimneys and flues.

(b)

Accessory farm buildings within Agricultural Districts, but not to exceed 60 feet in height.

(c)

Subject to the approval of the plan commission and village board, cooling towers, elevator bulkheads, fire towers, monuments, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts, aerials, silos, grain elevators, TV discs, solar panels, wind energy converters and necessary mechanical appurtenances.

(3)

Fences.

(a)

Residential fences. May be permitted on the property lines in residential districts but shall not in any case exceed a height of six feet; shall not exceed a height of four feet in the street yard or side-on-corner and be comprised of at least 50 percent open construction and shall not be closer than two feet to any public right-of-way. Such fences shall display their most aesthetic side towards public view and be properly maintained.

(b)

Security fences. Are permitted on the property lines in all districts except residential districts but shall not exceed ten feet in height, shall not be located in front of the building and shall be of an open type similar to woven wire or wrought iron fencing.

(c)

Permit. A zoning permit shall be required for all fences prior to construction.

Sec. 78-47. - Area regulations.

(1)

Floor area.

(a)

Any building intended in whole or part for residential purposes shall provide a minimum living area as hereinafter specified by the regulations for the district in which such building is located. Such minimums are stated in terms of the minimum total living area required for a building and that portion of the total which must be provided on the first floor level. Such minimum total shall be increased by 100 square feet for any building not having a basement of at least 300 square feet in area.

(b)

Living area shall be measured at each level from the outside edge of wall to outside edge of wall and for purposes of computing total minimum living area shall not include garages, other outbuildings, open porches or unfinished basements. Breezeways, exposed basements, split levels and the secondary floors of multi-storied residence may be included in computing total minimum living area according to the following schedule:

That portion of the basement of an exposed basement residence or split level which has been designed as an integral part of the living area of the home may be included in computing total minimum living area when at least one side is exposed and access has been provided to the outside at grade level by means of at least one door. Such computations shall maintain a minimum basement floor area of 300 square feet.

That portion of the second floors of multi-storied buildings which have a minimum distance between the ceiling face and the top of the first floor ceiling joist of seven feet, may be included in computing the total minimum living area, provided there are permanent stairways leading from each floor to the next floor.

In a split level building the first floor living area shall include all area which is not over another living area of the building.

(2)

Lot size.

(a)

No lot shall be hereafter created of less area or of minimum average width than specified by the regulations of the district in which such building is located or is a preexisting legal lot of record.

(b)

For the purpose of this chapter, the lot area shall be measured from the right-of-way.

(c)

No lot area shall be reduced by any means so as to create a lot of less than the required size or so that the existing offsets, setbacks, open space or lot area would be reduced below that required by the regulations for the district in which such lot is located.

(d)

Where a lot has less land area or width than required for the district in which it is located and was a legal lot of record at the time of the passage of this chapter, such lot may be used for any purpose permitted in such district, but not for residential purposes for more than one family provided, such substandard lot shall also be in separate ownership.

(3)

Open space.

(a)

To be considered useable and therefore, countable, such open area shall be readily accessible and of a size and shape which can be reasonably considered to provide for the amenities and necessities of light, air, play space, garden, etc. Crop, pasture and wooded land may be included in computing such open area.

(b)

No part of the open space provided for any building shall be included as part of the open space required for another building, except as herein provided for planned unit developments.

Sec. 78-48. - Accessory uses and structures.

(1)

General.

(a)

Every accessory use or structure shall conform to the applicable regulations of the district in which it is located except as specifically otherwise prohibited.

(b)

No accessory use or structure shall be permitted that by reason of noise, dust, odor, appearance, or other objectionable factor creates a nuisance or substantial adverse effect on the property value or reasonable enjoyment of the surrounding properties.

(c)

All accessory buildings shall be constructed in such a way that their exterior appearance is compatible with the principal structure on the parcel and on adjacent parcels where the principal structure is within 50 feet of the accessory structure under consideration. The exterior appearance is to be compatible with similar materials and color of the principal building. This determination shall be made by the building inspector. If the building inspector feels the proposal is not compatible, the proposal shall be forwarded to the plan commission for determination. This does not apply to farming operations of more than ten acres.

(d)

In no case shall any accessory structure in any agricultural or residential zoning district be used for commercial or industrial purposes. If the board of appeals permits an accessory structure that exceeds the permitted requirement in a residential or agricultural district, a deed restriction must be recorded in the Waukesha County Register of Deeds' Office restricting the use against any commercial use. This must be accomplished prior to issuance of the building permit.

(e)

No detached garage or accessory building shall be erected prior to the erection of the principal building to which it is accessory.

(f)

(2)

Size and location.

(a)

No accessory building shall be erected, structurally altered or placed on a lot in any district so that any portion thereof is closer than ten feet to the principal building or other accessory buildings, except the mobile home/manufactured housing district.

(b)

In any residential district, the accessory buildings shall be located behind the front line of the principal structure when not part of the main building and shall not:

Occupy more than 30 percent of the area of the required rear yard.

Be more than 17 feet high, or not to exceed the height of the principal building whichever is less.

Be nearer than the ten feet for all required offsets for all districts. Except the ROP district and mobile home/manufactured housing district shall have a minimum offset of five feet.

(c)

When an accessory building is part of the main building, and is substantially attached thereto, the offset requirements for the main building shall be applied to the accessory building.

(d)

In any residential district there shall be not more than two accessory buildings and which may not exceed 800 square feet in total area, except for the following:

On parcels of ten acres or more, the accessory building may exceed the above limits when used solely for agricultural pursuits, when consistent with the spirit and intent of this chapter, and subject to review and approval of the plan commission.

On parcels which specifically address such accessory uses or buildings through issuance of a conditional use permit.

(3)

Garages.

(a)

A private garage at least 400 square feet in area shall be required for each single-family, duplex and multi-family unit hereafter erected except for developments permitted under 78-86(3)b and c which are regulated as follows:

A private garage at least 240 square feet in area shall be required for each multi-family unit hereafter erected under 78-86(3)b. Such structures shall be either attached or detached and conform to the offset and setback requirements of the district involved for units developed under 78-86(3)b.

A private garage shall not be required for each multi-family unit developed under 78-86(3)c.

(b)

Such structures shall be either attached or detached and conform to the offset and setback requirements of the district involved.

(4)

Swimming pools.

(a)

Use permitted. Above and below ground swimming pools are permitted in any zoning district other than the FP Floodplain District, the C-1 Shoreland/Wetland District, or the C-2 General Conservancy District as accessory structures, subject to the following:

The pool must be intended to be used solely by the occupants of the principal use of the property on which the pool is intended to be located and their guests.

Any pool, together with its surrounding walks, patios, diving platforms, bathhouses and accessory structures, shall be so located that the parts of the complex are in conformity with the setback and offset requirements of the applicable district.

Every private swimming pool shall be completely surrounded by a fence or wall not less than four feet in height, but not to exceed six feet in height, which shall be so constructed as not to have openings, holes or gaps which would allow ease of access by unauthorized persons, except for doors or gates. A dwelling or accessory building may be used as part of such enclosure. All gates or doors opening through enclosures shall be equipped with an inside, self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. The requirement of this subparagraph shall be applicable to all private swimming pools, including those constructed before the effective date of this section. Owners of private swimming pools constructed prior to the effective date of this chapter should be in compliance with this subparagraph. If an access ladder is provided, it shall be so designed so that it can be locked, tipped or otherwise placed to prohibit access to the pool by children.

A temporary fence (snow fence, etc.) may be used while the pool is under construction. A permanent fence shall be constructed within 30 days after water is in the pool.

Aboveground pools with self-providing fencing to prevent unguarded entry shall be allowed without separate additional fencing if such fence is of minimum height and design as specified herein. All access from grade to aboveground pools having ladders, stairs or ramps shall not have less than equal safeguard protection provided the pool proper.

The pool shall not be nearer than ten feet to any residence.

The area of the pool shall not exceed five percent of the area of the lot.

Except for a properly installed diving board, access ladders or safety railing, there shall be an unobstructed areaway of at least three feet around the entire pool on aboveground pools.

Heating units, pumps and filter equipment shall in no case be less than 20 feet from any property line. Requirements for heating units shall be equal to those required for residential installation.

10.

The fence requirement may be waived by the building inspector if the pool is an aboveground pool, the deck or pool wall of such pool is at least four feet in height from grade and the building inspector determines from an inspection that, except for ladders or other access devices, the outside pool wall or decking is at least four feet from grade and provides no direct access to the pool.

11.

All overhead and below ground electrical service wiring shall be at least ten feet from the inside wall of any swimming pool.

(b)

Permit required. No swimming pool shall be constructed unless a permit has been issued by the building inspector in accordance with the village ordinance governing the installation and maintenance of swimming pools.

(5)

Fuel tank. All accessory structures involving the utilization or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and comply with all the requirements of the fire department and/or building inspector. All materials that range from active to intense burning shall be utilized and stored only in completely enclosed structures which have incombustible exterior walls.The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed 500 gals., unless approved by the plan commission or located within an agricultural or industrial district. Fuel oil storage tanks shall comply with the administrative code requirements of the department of commerce. Gasoline storage tanks shall only be permitted in commercial, industrial and agricultural districts.

(6)

Temporary storage containers.

(a)

Definitions.

(i)

Property,"as used in this subsection, may include a single lot, or multiple lots where a plan of operation is required to conduct activities in or upon any portion of said property.

(ii)

Temporary storage container is a fully or partially enclosed, box-like container, portable structure or temporary structure constructed of steel, wood, fiberglass, or other materials, that can be or is used for storage or transport of personal property or equipment of any kind. This does not include motor homes or trailers intended and used for human habitation and otherwise permitted in the property's zoning district.

(b)

Permit required. No person or entity may place a temporary storage container in or upon any property within the village unless a permit has first been issued by the village clerk in accordance with this subsection. No permit shall be required under this section for racks intended to store cut wood, and for portable containers not to exceed 54 inches in length or width, including storage benches; deck or patio boxes; garden or hose carts; and storage incidental to grills. A temporary storage container permit shall not be issued unless the village clerk determines that the proposed use complies with all provisions of this subsection. The application for the temporary storage container permit shall be accompanied by the applicable fee, the security deposit required pursuant to subsection (e)(iii) and shall specify the following:

(i)

Name, address and telephone number of the person or entity;

(ii)

The dates of the proposed use;

(iii)

A description, with particularity, of the location of the premises proposed to be used;

(c)

Temporary storage container requirements.

(i)

Residential districts. The following criteria apply to the use of temporary storage containers in residential districts:

Location. Temporary storage containers shall be located only in the driveway or paved parking area on a property at the furthest point possible from any public right-of-way unless an alternative location is approved by the plan commission. Temporary storage containers shall not be located upon any landscaped or grassed area, upon any sidewalk, within any public right-of-way, or in any location that interferes with any vehicular or pedestrian traffic.

Duration and use. Provided a permit is obtained in accordance with this subsection, a temporary storage container may not remain on a property for more than 30 consecutive days unless extended by the plan commission. Only one temporary storage container may be placed in or upon a property at any time. All temporary storage containers shall be maintained and monitored in such a manner as to prevent the accidental entrapment of any child.

Size. Temporary storage containers shall not exceed 20 feet in length, shall not exceed eight and one-half feet in width and shall not exceed eight and one-half feet in height.

Appearance. Temporary storage containers shall not exhibit any graffiti on their exterior.

Exceptions. Notwithstanding the provisions contained herein, temporary storage containers shall not be permitted in or upon any property located in the R-4 Mobile Home/Manufactured Housing District, or in or upon any property located in the PUD Planned Unit Development Overlay District unless the development agreement associated with said PUD District expressly permits such containers.

(ii)

Business, industrial, and quarry districts. The following criteria apply to the use of temporary storage containers in business, industrial, and quarry districts:

Location. Temporary storage containers shall be located only in the rear yard unless an alternative location is approved by the plan commission. Temporary storage containers shall be located to minimize their visibility to the public. Temporary storage containers shall not be located upon any landscaped or grassed area, upon any sidewalk, within any public right-of-way, or in any location that interferes with any vehicular or pedestrian traffic.

Duration and use. Provided a permit is obtained in accordance with this subsection, a temporary storage container may not remain on a property for more than six consecutive months unless extended by the plan commission. Only one temporary storage container may be placed in or upon a property at any time unless additional containers are approved by the plan commission. All temporary storage containers shall be maintained and monitored in such a manner as to prevent the accidental entrapment of any child.

Size. Temporary storage containers shall not exceed 40 feet in length, shall not exceed eight and one-half feet in width and shall not exceed eight and one-half feet in height.

Appearance. The exterior appearance of a temporary storage container that is intended to remain for longer than 60 days shall be approved by the plan commission prior to issuance of a permit. The plan commission may impose conditions that are intended to protect the public health, welfare, safety, and aesthetic beauty of the village. Temporary storage containers shall not exhibit any graffiti on their exterior.

Exceptions. No temporary storage container permit shall be required, nor shall the limitations of this subsection apply, to such containers stored in connection with a business operation that engages in the storage of such containers as its primary business, provided such business has first obtained an approved plan of operation. Notwithstanding the provisions contained herein, temporary storage containers shall not be permitted in or upon any property located in the PUD Planned Unit Development Overlay District unless the development agreement associated with said PUD District expressly permits such containers.

(iii)

Construction sites. The following criteria apply to the use of temporary storage containers at construction sites:

Location. Temporary storage containers shall be located on the property at the furthest point possible from any public right-of-way, without impeding construction, unless an alternative location is approved by the plan commission. Temporary storage containers shall not be located upon any landscaped or grassed area, upon any sidewalk, within any public right-of-way, or in any location that interferes with any vehicular or pedestrian traffic.

Duration and use. Provided a permit is obtained in accordance with this subsection, a temporary storage container may not remain on a property for more than six consecutive months unless extended by the plan commission. Only one temporary storage container may be placed in or upon a property at any time unless additional containers are approved by the plan commission. Such containers must be removed from the property upon the completion of construction. All temporary storage containers shall be maintained and monitored in such a manner as to prevent the accidental entrapment of any child.

Size. Temporary storage containers shall not exceed 40 feet in length, shall not exceed eight and one-half feet in width and shall not exceed eight and one-half feet in height.

Appearance. The exterior appearance of a temporary storage container that is intended to remain for longer than 60 days shall be approved by the plan commission prior to issuance of a permit. The plan commission may impose conditions that are intended to protect the public health, welfare, safety, and aesthetic values of the village. Temporary storage containers shall not exhibit any graffiti on their exterior.

(d)

Permit extensions. Permit extensions may be requested by filing an application form with the village clerk along with the applicable fee. Permit extensions shall not take effect until such extensions are approved by the plan commission.

(e)

General conditions. The following conditions apply to all temporary storage container permits:

(i)

Permittees shall comply at all times with all permit conditions.

(ii)

Permittees shall allow village officials or employees to enter the property for the purpose of inspecting compliance with the ordinance and with the permit conditions.

(iii)

Permittees shall post a cash deposit at the time of application for a temporary storage container permit in a sum of not less than $50.00 which shall serve as security for removal of the temporary storage container. If a temporary storage container is not maintained or removed in accordance with the terms of the applicable permit or plan commission approval, the village may remove the temporary storage container and use any sums held hereunder to do so. Permittees/property owners shall irrevocable consent to the entry upon its property by any agent of the village to accomplish the removal of a temporary storage container upon being adjudicated by the Lannon Municipal Court of being in violation of any provision of this ordinance or any conditions imposed in the granting of any permit.

(iv)

Permittees shall not allow temporary storage containers to be used for human habitation at any time.

(f)

Continuing jurisdiction. The plan commission may, at any time, amend permit requirements when it determines that such modifications are necessary to protect the property values of adjacent and nearby property, to protect aesthetic values of the village, or to protect the public health, welfare and safety of the village.

(Ord. of 4-14-08, § 1; Ord. No. 19-5 , § 3, 4-25-19)

Sec. 78-49. - Special use systems.

Special use systems, as herein defined, are permitted in any district other than the FP Floodplain District, the C-1 Shoreland/Wetland District or the C-2 General Conservancy District when used solely by the occupants of the principal use and subject to the following:

(1)

Permit required. A separate special use permit shall be required for each system. The permit shall be applicable solely to the systems, structures, use and property described in the permit.

(2)

Basis of approval. The village board upon plan commission recommendation, shall base their determination of general consideration as to the effect of such grant on the health, general welfare, safety and economic prosperity of the village and specifically of the immediate neighborhood in which such use would be located. These considerations shall include the effect on the established character and quality of the area; its physical attractiveness; the demand for related services; the possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, glare, dust, smoke or odor and such other factors as would be appropriate to carrying out the intent of this chapter.

(3)

Special use permits.

(a)

Energy and communications systems; general.

Approval required. No owner shall build, construct, use or place any type or kind of special use system within the village without receiving the appropriate special use permit for such system.

Separate permit required for each system. A separate special use permit shall be required for each system. Such permit shall be applicable solely to the systems, structures, use and property described in the permit.

Basis of approval. The village board shall base their determination on general consideration as to the effect of such grant on the health, general welfare, safety and economic prosperity of the village and specifically of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area; its physical attractiveness; the movement of traffic, the demand for related services; the possible hazardous, possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, dust, smoke or odor; and such other factors as would be appropriate to carrying out the intent of this chapter.

(b)

Types of special uses.

Wind energy conversion systems. Wind energy conversion systems, commonly referred to as "windmills", are used to produce electrical power provided the following information requirements and standards shall apply:

Application. Applications for the erection of a wind energy conversion system shall be accompanied by a plat of survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat of survey shall show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system. Energy easements shall accompany the application.

Construction. Wind energy conversion systems shall be constructed and anchored in such manner as to withstand wind pressure of not less than 40 lbs. per square foot in area.

Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dB(A) sachem measured at the lot line.

Electromagnetic interference. Wind energy conversion system generators and alternators shall be filtered, shielded or both so as to prevent the emission of radio frequency energy that would cause any harmful interference with radio and television broadcasting or reception. If that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with federal communications commission regulations.

Location and height. Wind energy conversion systems shall be located in the rear yard only and shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this section, however, all such systems over 75 feet in height shall submit plans to the federal aviation administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as part of the wind energy conversion system conditional use permit application.

Fence required. All wind energy conversion systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posted on the fence warning of high voltages.

Utility company notification. The appropriate electric power company shall be notified, in writing, of any proposed interface with that company's grid prior to installing such interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit.

Compliance with electrical code. The electrical portion of the installation shall comply with all provisions of the village electrical code.

Solar energy conversion systems. Solar energy conversion systems, commonly referred to as "active" or "passive" solar collection and heating systems, and including all systems as defined by Wis. Stats. § 101.57(8)(b), provided that the following information requirements and standards shall apply:

Application. Applications for the erection of a solar energy conversion system shall be accompanied by a plat of survey for the property to be served showing the location of the conversion system and the means by which the energy will be provided to the structure or structures. The application shall include calculations showing that the structure is constructed to withstand any additional loading placed upon the structure by the installation of the solar energy conversion system.

Construction. Solar energy conversion systems shall be constructed and installed in conformance with all applicable conversion systems.

Location and height. Solar energy conversion systems shall meet all setback and yard requirements for the district in which they are located. Solar energy conversion systems shall conform to all height requirements of this chapter unless otherwise provided in the conditional use permit issued pursuant to this chapter.

Communication systems. Communication systems, commonly referred to as cable television disks, dishes or devices over 24 inches in diameter, provided that the following information requirements and standards shall apply:

Application. Application for the erection of a communication system shall be accompanied by a plat of survey for the property on which the system is to be located showing the location of the system and all other improvements on the property. If the system is intended to provide communication to more than one premises, the plat of survey shall show all properties to be served and the means of connection to the communication system. A copy of all agreements with the system users of the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system, if any, and provide assurance as to the safety features of the system.

Noise. The maximum level of noise permitted to be generated by a communication system shall be 50 decibels, as measured on a dB(A) scale, measured at the lot line.

Electromagnetic interference. Communication system devices shall be filtered, shielded or both so as to prevent emission or radio frequency energy that would cause any harmful interference with radio or television broadcasting or reception. If that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the communication system shall promptly take steps to eliminate the harmful interference in accordance with federal communications commission regulations.

Location and height. Communication systems shall be located in the rear yard only, unless otherwise approved by the village board, and shall meet all setback and yard requirements for the district in which they are located.

Compliance with electrical code. The electrical portion of the installation shall comply with all provisions of the village electrical code and Ch. COMM 16, Wis. Adm. Code.

(c)

Permit procedure.

Approval. The village board upon plan commission recommendation, is hereby designated the agency which approves special use permits.

Issuance. The village board hereby designates the building inspector as the official to receive, process and, following approval by the village board, issue special use permits.

Application. The permit application shall be made to the building inspector on forms provided by the village. The application shall include the following information:

The name and address of the applicant.

The address of the property on which the special use will be located.

A survey of the property including indication of general terrain and topographical characteristics, the location of all significant terrain features, such as streams, ponds, tree growth, etc., and the location of all existing structures.

An accurate and complete written description of the use for which special grant is being requested including pertinent statistics and operational characteristics.

Plans and other drawings showing proposed development of the site and buildings including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc., if applicable.

Any other information which the building inspector may deem to be necessary to the proper review of the application.

Review and referral. The building inspector shall review the application and, if the application is complete and contains all required information, refer it to the village board.

Hearing. Upon referral of the application, the village board may schedule a public hearing thereon as soon as practical and pursuant to provisions of this chapter, the village board shall notice such hearing as deemed appropriate.

Determination. Following public hearing and necessary study and investigation, the village board shall, as soon as practical, render its decision in writing and a copy made a permanent part of the village board's minutes. Such decision shall include an accurate description of the special use permitted, of the property on which permitted and any and all conditions made applicable thereto or, if disapproved, shall indicate the reasons for disapproval. The village board may impose any conditions or exemptions necessary to minimize any burden on any persons affected by granting the special use permit.

Termination. When a special use does not continue in conformity with the conditions of the original approval or where change in the character of the surrounding area of the use itself cause it to be no longer compatible with surrounding areas or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the village board following a public hearing thereon.

Changes. Subsequent change or addition to the approved plans or use shall first be submitted for approval to the village board and, if in the opinion of the village board such change or addition constitutes a substantial alteration based on the standards set forth in subparagraphs 1.c. and 3., a public hearing before the village board shall be required and notice thereof be given pursuant to provisions of this chapter.

(d)

Requirements.

Standard requirements.

Except as may be specifically otherwise provided, any such special use shall conform to the building location, height, building size, lot size and open space regulations of the district in which it is located.

Building, site and operation plans of the proposed use shall be submitted for approval of the village board. Such plans shall be in sufficient detail to enable the board to evaluate suitability of architectural and landscape treatment; proper location of the building or buildings on the lot; satisfactory provision for parking and circulation needs, drainage and sewage disposal and adequate planting screen where necessary to eliminate noise, dust, odor, smoke or other objectionable operating condition; and the general compatibility of the proposed use with the area in which it is located.

Special requirements. In addition to the general standards and requirements as stated in this section, such special uses shall be subject to more specific standards and requirements pertinent to the particular use, which standards and requirements may be set out in a supplementary guide for special use regulation adopted by the board and modified from time to time in order that they reflect the best and most contemporary of regulatory practices.

Modification of regulation. Requirements applicable to uses by the regulations of this section may be modified or waived by the board in their application to special use if in the board's opinion they are not appropriate or necessary to the proper regulation of the special use and where such modification or waiver would not in the board's opinion result in adverse effect upon the surrounding properties.

Accessory uses and structures. Uses and structures accessory to a principal special use may be permitted subject to appropriate regulations in the same manner as previously set forth for the principal special use.

(e)

Appeals process. Any person aggrieved by a determination by the village board under this section may appeal the determination as provided by the Municipal Code.

(f)

Reservation of rights. The transfer of title to any property shall not change the rights and duties under this section.

(g)

Approval does not waive permit requirements. The approval of a permit under this section shall not be construed to waive the requirement to obtain a building or plumbing permit prior to installation of any system.

(h)

Other permits. It is the responsibility of a permit applicant to secure all other necessary permits required by any state, federal or local agency. This includes, but is not limited to, a water use permit pursuant to Wis. Stats. chs. 30 and 31, or a wetland fill permit pursuant to § 404 of the Federal Water Pollution Control Act.

Sec. 78-50. - Off-street parking/loading and access requirements.

(1)

Traffic visibility requirements. No obstructions greater than two feet in height (excepting necessary street signs and public utility lines) above the elevation of the street intersection shall be permitted within the triangular space formed by any two existing or proposed intersecting local or collector street, right-of-way lines and a line joining points on such lines located a minimum of 30 feet from their intersection.

In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distance establishing the triangular vision clearance space shall be increased to 50 feet. In the case of county or state highway intersections the more restrictive visibility requirement of the agencies having authority shall be applied.

(2)

Loading requirements.

(a)

An individual loading space shall be at least 12 feet wide by 65 feet long and have a minimum clearance of 14 feet.

(b)

The number of such spaces provided shall be based upon the operating characteristics of the individual use and shall be subject to approval by the plan commission upon the submittal of site and operational plans.

(c)

No building for commercial or industrial purposes shall be erected on a lot in a manner requiring servicing directly from the abutting public street.

(d)

The use of public streets for the maneuvering of trucks to service industrial or commercial buildings is expressly prohibited except for established development. Sufficient onsite space shall be provided for such maneuvering.

(e)

Loading docks shall be prohibited from being located along the front of the building. This shall be applied to all future buildings or existing building being enlarged or remodeled by over 50 percent of their value.

(3)

Parking requirements. In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended or increased off-street parking stalls for all vehicles in accordance with the following:

(a)

Approval. All business, institutional, multi-family residential and industrial parking areas which are constructed, reconstructed, expanded or extended subsequent to the adoption of this chapter shall obtain approval of the proposed parking site plan by the village plan commission. Businesses without approved parking lot plans on file with the village must submit repaving plans to the plan commission for approval.

(b)

Adequate access. Access to a public street shall be provided for each parking space and driveways shall be at least ten feet wide for one and two-family dwellings and a minimum of 22 feet wide for all other areas.

(c)

Location. Parking shall be located on the same lot as the principal use unless the plan commission specifically approves of parking located on an adjoining parcel with the recording of appropriate access and parking easements and any necessary maintenance agreements, providing that all parcels involved meet the requirements of this section.

(d)

Dimensional requirement. Parking spaces, driveways and aisles for access to spaces shall have the following minimum dimensions unless specifically varied by the plan commission.

Stall width .....9 feet

Stall depth .....18 feet

Parking aisle width

Two-way traffic (90°) .....24 feet

One-way traffic (60°) .....18 feet

Driveway (no parking stalls)

Two-way traffic .....22 feet

One-way traffic .....12 feet

(e)

Setback. No vehicle shall be parked or driveways located within ten feet to the base setback line or within a vision corner.

(f)

Side yard.

In any off-street parking area, other than that provided for a residence, which abuts a residence district, no vehicle shall be allowed to park closer than ten feet to the abutting residential lot line. No vehicle may be parked in a vision corner.

Surfaced residential driveways or parking areas must be at least three feet from the adjacent property line and landscaped with vegetative material. Plan commission may review similar proposals except for the ROP and Mobile Home/Manufactured Housing District.

(g)

Parking spaces for use by physically disabled persons. In accordance with state and federal requirements.

(h)

Surfacing.

(1)

Except as provided in section 58-31 of the Village of Lannon Municipal Code, all off-street parking areas and driveways, including parking areas accessory to single-family and two-family dwellings, except those off-street parking permits issued by the village, shall be surfaced with a bituminous or Portland cement concrete pavement or other surface approved by the plan commission. Such parking areas and driveways shall be graded to appropriately drain all surface waters and shall be kept free of dust, loose stones and gravel. Such parking areas and driveways shall be so arranged and marked to provide for orderly and safe parking and storage of vehicles and must be completed within 24 months of issuance of the building permit, except non-residential shall be hard surfaced prior to occupancy unless or as approved by plan commission.

(2)

All use of off-street parking areas and driveways shall constitute an accessory use which shall be subordinate to and customarily incidental to the permitted principal use of the property or building upon the same lot.

(3)

All driveways and parking areas shall be subject to the provisions of Lannon Municipal Code sections 58-31, 58-32, 58-66, 58-67, 58-86.

(i)

Flexibility in application. The village recognizes that, due to the particulars of any given development, the inflexible application of the parking standards set forth in this section may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations on adjacent streets as well as unauthorized parking in nearby lots. The latter situation wastes money as well as space that could more desirably be used for valuable development or environmentally useful open space. Therefore, the plan commission may allow deviations from the requirements of this section whenever it finds that the deviation will not adversely impact traffic circulation or public safety.

(j)

Space to be set aside for reduced parking. The site plan for the commercial or industrial use may, subject to plan commission approval, be designed to provide sufficient open space on the subject site to accommodate the additional parking spaces otherwise required by this chapter. Such open space shall be in addition to required yards, setbacks, driveways, private streets, loading and service areas and open space requirements. Sufficient open space shall be provided which, if converted to parking spaces, would provide off-street parking to meet the full requirements of this ordinance at the time of application.

(k)

Changes in occupancy or intensity of use. When the parking needs of a building, structure or site are increased due to additional employees, gross floor area, seating capacity or due to a change of occupancy, additional parking spaces shall be approved by the village and constructed in the amount necessary to conform to this chapter.

(l)

Required number of stalls. The following parking standards shall be applied unless deviations have been specifically approved by the plan commission in accordance with sections (j) or (k) above.

Residential uses:

Single-family and two-family dwellings. At least two spaces per dwelling unit (excluding garages), except for the R.O.P District

Multi-family dwellings other than housing for the elderly or assisted living.

Two stalls per unit. At least one stall per unit shall be in an enclosed structure and a minimum of 180 square feet.

Guest parking requires one parking stall for every two units with a minimum of four spaces per development.

Housing for the elderly. One space per dwelling unit plus one space per employee unless otherwise established by the plan commission.

Assisted living. One space per every three dwelling units.

Hotels and motels. One parking space per room or unit plus one parking space for every two employees plus one space per three persons of maximum capacity of each public meeting and/or banquet room.

Private clubs and lodges. One parking space per lodging room and one parking space per three seats in accordance with design seating capacity of the main meeting room plus one parking space per employee.

Schools, institutions and related uses:

Elementary schools and high schools. One space per teacher and staff member, one space per classroom, plus one space per six students 16 years of age and older.

Colleges, universities and trade schools. One space for each teacher and staff member during the highest class attendance period, plus one space for each two students during the highest attendance.

Children's nursery schools or day schools. One space per employee for the work shift with the largest number of employees, plus one space per six students at the highest class attendance period.

Churches and temples. One space per four seats based on the maximum capacity of the facility.

Libraries. One space per 250 square feet of gross floor area or one space per four seats of maximum capacity, whichever is greater, plus one space per employee for the work shift with the largest number of employees.

Nursing homes. One space per three patient beds, plus one space per employee for the work shift with the largest number of employees.

Hospitals. Two spaces per three patient beds, plus one space per employee for the work shift with the largest number of employees.

Auditoriums, theaters and other places of assembly. One space per three seats based on maximum capacity of facility.

Recreational uses (commercial and non-commercial).

Bowling alleys. Five spaces for each lane, plus one space per employee for the work shift with the largest number of employees.

Golf courses. Ninety spaces per nine holes plus one space per employee for the work shift with the largest number of employees.

Golf driving ranges. One space per tee plus one space per employee for the work shift with the largest number of employees.

Indoor tennis, racquetball and handball courts. Three spaces per court plus one space per employee for the work shift with the largest number of employees.

Miniature golf courses. One and one-half spaces per hole plus one space per employee for the work shift with the largest number of employees.

Skating rinks, ice or roller. One space per 200 square feet of gross floor area.

Health and athletic clubs. One space per three persons that can be accommodated at the same time and one space per employee.

Retail, entertainment and customer service establishments: One space per 200 square feet of gross leasable area plus one space per employee, except as specifically set forth below:

Financial institutions. One space per 300 square feet of gross leasable area plus one space per employee.

Funeral homes. One space per three patron seats of maximum capacity or 35 spaces per chapel unit, whichever is greater.

Grocery stores or supermarkets. One space per 100 square feet of gross leasable area.

Repair services. One space per 300 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

Restaurant, standard. One space per 100 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

Restaurant, fast food/carryouts. One space per 100 square feet of gross floor area plus one space per two employees for the work shift with the largest number of employees. Sufficient space shall be provided for a minimum of five waiting vehicles at each drive-thru.

Personal services. One space per 200 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

Convenience grocery store. One space per 150 square feet of gross floor area. If associated with a gasoline station, gasoline pump parking shall be considered as parking stalls.

Taverns, dance halls, night clubs, and lounges. One space per 100 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

Motor vehicle sales establishments. Two customer parking spaces per salesperson for the work shift with the largest number of employees plus one employee parking space per employee (including salespersons) for the work shift with the largest number of employees.

Motor vehicle repair, maintenance, and service stations.Three spaces per indoor service bay plus one space per employee for the work shift with the largest number of employees.

Animal hospitals. Three patron parking spaces per doctor, plus one space per employee for the work shift with the largest number of employees.

Shopping centers (gross leasable area of at least 30,000 square feet). Five spaces per 1,000 square feet of gross leasable area.

Offices:

Medical, dental and similar professional health service offices. Five patron parking spaces per doctor, plus one parking space per employee for the work shift with the largest number of employees.

Government, professional and business offices. One space per 200 square feet of gross leasable area.

Industry and related uses:

Manufacturing, processing, fabrication and storage operations. One space per employee for the two consecutive work shifts with the largest number of employees.

Wholesale business. One space per employee for the work shift with the largest number of employees, plus one space per 2,500 square feet of gross floor area.

Warehouse. One space per employee for the work shift with the largest number of employees, plus one space per 5,000 square feet of gross floor area.

Mini-warehouse. One space per ten storage cubicles.

10.

Other uses: Parking spaces for uses not listed shall be provided in accordance with recommendations of the planning commission.

(m)

Residential parking. The provisions of this subsection shall apply to the following vehicles: snowmobiles, mopeds, boats, all-terrain vehicles, camping trailers, motor homes, motorcycles, trailers, collectively referred to herein as "recreational vehicles" unless otherwise specifically stated.

The unenclosed parking or storage of unlicensed, unregistered, inoperable or junk vehicles is expressly prohibited within the Village of Lannon.

The unenclosed parking or storage of one personal recreational use vehicle, shall be allowed in the ROP, R-1, R-2, R-3, R-4, R-D and R-M districts upon the issuance by the village clerk of an unenclosed parking permit. Such permit shall be issued by the village clerk upon receipt of a completed application and payment of the appropriate permit fee, calculated at $25.00 per year. Only one permit shall be issued for any residential property at a time.

Any lawn or grass area used for the unenclosed storage or parking of either vehicles or equipment shall be maintained in compliance with section 30-146 of this Code.

The conditions set forth in this subsection shall not contravene any other ordinance of the village which can be construed as more restrictive than the terms set forth herein.

Campers, boats and other recreational vehicles shall not be permanently parked (i.e., more than 72 continuous hours) between the house and road, unless parked on an established driveway, or a valid permit for the parking of such vehicles has been issued by the village clerk and paid for by the appropriate residential property owner.

(4)

Street access.

(a)

No direct private access shall be permitted to the existing or proposed rights-of-way of any street without permission of the highway agency that has access control jurisdiction and the village. Unless waived by the plan commission, access shall be permitted to the existing or proposed rights-of-way in accordance with the following schedule:

Arterial Street or Highway Operating Speed and Minimum Spacing Between Direct Access Driveways

Highway speed limit (mph)	Minimum spacing (feet)
25	105
30	125
35	150
40	185
45	230

(b)

Intervals between a driveway and street intersection shall be no less than 75 feet as measured along the ultimate road right-of-way.

(c)

Regulations in this section shall not preclude access to any existing parcel of land.

(Ord. of 5-12-03(2), § 1; Ord. of 3-13-06, § 1; Ord. No. 16-8 , § 1, 11-14-16; Ord. No. 19-5 , §§ 5, 6, 4-25-19)

Sec. 78-51. - Reserved.

Editor's note— Ord. No. 06 10 13 , § 1, adopted June 10, 2013, repealed the former § 78-51 which pertained to signs and derived from Ord. of 12-9-02, § 1; Ord. of 10-13-03, § 3; Ord. of 1-14-08, § 1. Please see Code of Ordinance Chapter 50 for village sign ordinances.

Sec. 78-52. - Mobile homes/manufactured housing and trailers.

(1)

Habitation prohibited. Except within an approved mobile home/manufactured housing park or camp, no trailer or mobile home/manufactured housing shall be used for the purpose of human habitation being defined as entering the mobile home/manufactured housing for any purpose other than maintenance.

(2)

Storage prohibited. No mobile home/manufactured housing in excess of 35 feet in length or eight feet six inches in width shall be located or stored on any property except in an approved home park, unless completely enclosed in a structure as approved by the plan commission.

Sec. 78-53. - Legal nonconforming uses, structures and lots.

(1)

Existing use permitted. The existing lawful use of a building or premises at the time of the enactment of this chapter or any amendment thereto may be continued, although such use does not conform with the provisions of this chapter for the district in which it is located, subject to conditions stated below.

(2)

Classification and regulation. For the purpose of administration, legal nonconforming shall be classified and regulated as follows:

(a)

Nonconforming structures. Structures may be modernized, expanded, or enlarged but if such total proposed alterations exceed 50 percent of the current assessed value; the improvements shall conform to the applicable district regulations unless varied by the board of appeals. Staged improvements shall be regulated on a cumulative percentage of assessed value basis.

Where such structure is damaged beyond 50 percent of the current assessed value, it shall be restored only in conformity with the applicable district regulations or by order of the board of appeals.

All nonconforming structures lying within floodplains shall be floodproofed.

When figuring the cost of improvement in the modernization, expansion, damage or enlargement, the value of such repairs or alterations shall be the fair market value of all labor and materials.

A deed restriction shall be recorded in the office of the register of deeds and presented to the building inspector prior to the issuance of any building permit for any nonconforming structure. The deed restriction shall state the value of the improvements requested on the building permits as they relate to the current equalized value of the structure so as to establish the cumulative value of improvements on the nonconforming structure.

(b)

Nonconforming use of structures and lands.

No such use shall be expanded or enlarged.

Upon petition to and approval of the plan commission and village board, such use may be changed to another use provided the plan commission and village board determines that the new use would not result in a greater degree of nonconformity than the current use.

When any such use is discontinued for 12 consecutive months or 18 cumulative months during a three-year period, the future use of the land or structure shall conform to the use regulations of the applicable district. Seasonable uses shall be excluded from this provision.

When a structure which houses such nonconforming use is damaged beyond 50 percent of the current equalized assessed value it shall not be restored except in conformity with applicable district regulations.

Total structural repairs or alterations to a structure housing a nonconforming use shall not exceed, on accumulative percentage basis, 50 percent of the equalized assessed value of the structure at the time the structure became a legal nonconforming.

(c)

Nonconforming lots. The size and shape of such lots shall not be altered in any way which would increase the degree of such nonconformity to the applicable district regulations.

(3)

Conditional use status. Subject to the provisions of sections 78-57 and 78-58, conditional use status may be granted to existing legal nonconforming uses upon petition of the owner and where such use is determined to be not adverse to the public health, safety or welfare, would not conflict with the spirit or intent of the chapter or would not be otherwise detrimental to the community and particularly the surrounding neighborhood. Such conditional use status shall be granted only with the recommendation of the plan commission and approval of the village board following a joint public hearing. If this conditional use is terminated for any reason, the property shall not revert back to legal nonconforming status but the use shall terminate.

Sec. 78-54. - Existing permits.

(1)

Construction permitted. Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building or part thereof for which a building permit has been issued before the effective date of this chapter and the construction of which shall have been substantially started within six months from the date of such permit.

(2)

Subsequently nonconforming. Any such use which does not conform to the use regulations of the district in which it is located shall, however, subsequently be considered a legal nonconforming use.

Sec. 78-55. - Special use regulations.

(1)

Special uses. Special uses are a category of land use subject to certain additional controls that apply to the land uses permitted by right, while avoiding the public hearing process required of land uses permitted as conditional uses.

(a)

Land uses listed as special uses are permitted subject to all of the general zoning requirements applicable to land uses permitted by right, plus certain additional requirements applicable to that particular land use as specified in the zoning code and as approved by the plan commission.

(b)

If a proposed land use, listed as a special use, cannot meet one of the special use or deed restriction requirements for reasons directly related to the nature of the subject property, the applicant for said land use may request the plan commission review and approve as a conditional use, per the requirements of section 78-57. No more than one special use requirement shall be waived in this manner for any given land use or property.

(c)

Special uses shall be approved by the village plan commission per the procedures set forth in sections 78-55 and 78-56.

Sec. 78-56. - Special use permits.

(1)

Purpose.

(a)

The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed special uses.

(b)

Special uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of the zoning code. In order to prevent this from occurring, all special uses are required to meet certain requirements applicable only to special uses, in addition to the general requirements of the zoning code and the requirements of the zoning district in which the subject property is located.

(c)

Land uses proposed that fail to meet one of the requirements for special uses may be reviewed as a conditional use.

(2)

Regulations applicable to all special uses. No public hearing is required to develop a special use, however, a demonstration that the developer proposes to meet all special use requirements of the zoning code must be made at the time of site plan application. Furthermore, no building permit shall be issued for any development that does not comply with all requirements of the zoning code. Any special use found not to be in compliance with the terms of the zoning code shall be considered in violation of the zoning code and shall be subject to all applicable procedures and penalties.

(3)

Application requirements. All applications for proposed special uses, shall be approved as complete by the plan commission prior to certification of the proposed special use. Said complete application shall be comprised of the following:

(a)

A certified survey map of the subject property showing the location of the proposed structures.

(b)

A copy of the deed restrictions required by the zoning code.

(c)

Dimensions of all buildings on the lot.

(d)

Location of any easements.

(e)

Dimensions of all setbacks for each lot line.

(f)

Location of proposed driveways and width.

(g)

Detailed building plans

(i)

Any other information required by the zoning administrator/building inspector or plan commission.

(4)

Application approval. All applications for proposed special uses shall be approved, denied, or approved with conditions by the plan commission within 90 days of submittal.

(5)

Temporary special use permit. A temporary permit may be issued by the village board following a public hearing on the application and with notice to all property owners within 300 feet of the subject property in any district for a use which does not conform to the requirements of the specific district involved. Said permit may only be issued upon a showing that said use would serve the public interest and would not adversely impact the health, welfare and safety of village residents. The temporary permit may be issued for a period not exceeding one year and can be reissued by the village board for a maximum of one additional year. Conditions may be imposed on the use and shall be considered part of the temporary permit. The applicant shall submit all of the information deemed necessary by the village board to make a decision. The request may be granted, granted conditionally, or denied. (Code 1985, Sections 17.04; Ord. 201, and 1, 4-8-96)