This zoning chapter is adopted under the authority granted by Wis. Stats. § 61.35 and amendments thereto.

(Code 2006, § 13-1-1)

This chapter shall be known as, referred to and cited as the "Zoning Code, Village of Little Chute, Wisconsin" and is hereinafter referred to as the "Zoning Code" or "zoning chapter," and shall apply to:

(1)

The regulation and restriction of the height, number or stories and size of buildings and other structures.

(2)

The percentage of the lot that may be occupied.

(3)

The size of yards, courts and other open spaces.

(4)

The density of population.

(5)

The regulating of nonconforming uses.

(6)

The location and use of buildings, structures, and land for trade, industry, residence, or other purposes provided that there shall be discrimination against temporary structures.

(Code 2006, § 13-1-2)

The purpose of this zoning chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the village.

(Code 2006, § 13-1-3)

The general intent and purposes in view of this zoning chapter are to regulate and restrict the use of all structures, lands and waters and to:

(1)

Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people;

(2)

Divide the village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;

(3)

Protect the character and the stability of the residential, business, manufacturing and other districts within the village and to promote the orderly and beneficial development thereof;

(4)

Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air sanitation and drainage;

(5)

Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements;

(6)

Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways;

(7)

Secure safety from fire, panic, flooding, population, contamination and other dangers;

(8)

Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the village;

(9)

Preserve and protect the beauty of the village;

(10)

To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

(11)

To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;

(12)

Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;

(13)

Further the maintenance of safe and healthful water conditions;

(14)

Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;

(15)

Provide for and protect a variety of suitable commercial and industrial sites;

(16)

Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;

(17)

Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the village;

(18)

Provide for the administration and enforcement of this zoning chapter; and to provide penalties for the violation of this zoning chapter.

(Code 2006, § 13-1-4)

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

Abutting means have a common property line or district line.

Accessory building means a structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment or materials, subordinate to and incidental to a principal use or structure.

Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, parcel of land or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure.

Acre, net, means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.

Alley means a public way not more than 21 feet wide which affords only a secondary means of access to abutting property.

Apartment means a room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

Arterial street means a public street or highway used or intended to be used primarily for large volume or heavy through traffic. The term "arterial streets" shall include freeways and expressways as well as arterial streets, highways and parkways.

Basement means that portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for yearround living accommodations.

Block means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for four or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.

Buildable lot area means the portion of a lot remaining after required yards have been provided.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

Building, detached, means a building surrounded by open space on the same lot.

Building, height of, means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gable, gambrel, hip or pitch roof.

Building, principal, means a building in which the principal use of the lot on which it is located is conducted.

Building setback line means a line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this Zoning Code.

Business means an occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Channel means those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.

Clinic means an office or group of offices relating to the health care professions including physicians, dentists, and the like engaged in the treatment of persons.

Common open space means a parcel or parcels of land or an area of water or combination of land and water designated and intended for either the recreational use and enjoyment of residents of the development for which it was established and for the general public, or for the exclusive recreational use and enjoyment of residents of the development from which it was established. No yard required in connection with any principal use or structure shall be designated or intended for use as common open space.

Community living arrangement.

(1)

The term "community living arrangement" means the following facilities licensed or operated or permitted under the authority of the state statutes:

a.

Child welfare agencies under Wis. Stats. § 48.60;

b.

Group foster homes for children under Wis. Stats. § 48.02(7m); and

c.

Community-based residential facilities under Wis. Stats. § 50.01.

(2)

The term "community living arrangement" does not include:

a.

Day care centers;

b.

Nursing homes;

c.

General hospitals;

d.

Special hospitals;

e.

Prisons; and

f.

Jails.

(3)

The establishment of a community living arrangement shall be in conformance with applicable sections of the state statutes, including Wis. Stats. §§ 46.03(22), 69.97(15), 62.23(7)(a) and 62.23(7)(i), and amendments thereto, and also the Wisconsin Administrative Code.

Conditional uses means uses of special nature as to make impractical their predetermination as a principal use in a district.

Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for the county, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.

Controlled access arterial street means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.

Convalescent home, children's home, nursing home mean a place where regular care is provided to three or more infirmed persons, children, or aged persons who are not members of the family which resides on the premises.

Corner lot, in reference to the setback, shall be measured from the street line on which the lot fronts. Corner lots shall meet front yard setback requirements for all street sides.

Day nursery, kindergarten, means a place where regular day care is provided to five or more children who are not members of the family which resides on the premises; provided this definition shall not include public or private schools organized, operated, or approved under state law.

Development means any manmade change to improved or unimproved real estate, including but not limited to, construction of or additions or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or disposition of materials.

District, basic, means a part of the village for which the regulations of this zoning chapter governing the use and location of land and building are uniform.

District, overlay, also referred to herein as regulatory areas, provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

Dwelling means a building designed or used exclusively as a residence or sleeping place. The term "dwelling" does not include boardinghouses, lodginghouses, motels, hotels, tents, cabins or mobile homes.

Dwelling, efficiency, means a dwelling unit consisting of one principal room with no separate sleeping rooms.

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

Dwelling, multiple-family, means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, single-family, attached, means a building containing not more than one dwelling unit attached at the side in a series or group of three or more buildings each containing not more than one dwelling unit. Each building shall be separated from the adjoining building by a party wall extending from footings through roofs. The term "attached dwelling" is intended to imply townhouses, patios, or atrium houses or any form which conforms to this definition.

Dwelling, single-family, detached, means a building containing not more than one dwelling unit, entirely separated from structures on adjacent lots. The term "detached dwelling" shall not include mobile homes, travel trailers, or other forms of portable or temporary housing.

Dwelling, two-family, means a detached building containing two separate dwelling or living units, designed for occupancy by not more than two families.

Dwelling unit means a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.

Essential services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. The term "essential services" includes underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but does not including buildings.

Family means the body of persons who live together in one dwelling unit as a single housekeeping entity.

Farming, general, means and shall include floriculture, forest and game management, orchards, raising of grain, grass, mint and seed crops, raising of fruits, nuts and berries, sod farming and vegetable farming. The term "general farming" includes the operating of such an area for one or more of the uses in this definition with the necessary operation of any such accessory uses being secondary to that of the normal farming activities.

Farmstead means a single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.

Floor area, business and manufacturing buildings, for the purpose of determining off-street parking and off-street loading requirements, means the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. The term "floor area" shall include elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the term "floor area," for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes, except as otherwise noted herein.

Foster family home means the primary domicile of a foster parent which is four or fewer foster children and which is licensed under Wis. Stats. § 48.62 and amendments thereto.

Foster home, group, means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.

Frontage means all the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

Garage, private, means a detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for storage of automobiles of the occupant of the premises.

Garage, public, means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.

Height, building, means a building's vertical measurement, from the mean level of the finished grade in front of the building to the highest point on the roofline of a flat roof or a roof having a slope of less than 15 degrees from the horizontal, and to a point midway between the peak and the eaves of a roof having a slope of 15 degrees or more.

Home occupation means an occupation conducted entirely in a dwelling unit; provided that:

(1)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and shall, under no circumstances, change the residential character thereof.

(2)

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

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, nonilluminated, mounted flat against the wall of the principal building at a position not more than two feet distance from the main entrance to the residence.

(4)

No home occupation shall occupy more than 25 percent of the first floor area of the residence. No home occupation shall be conducted in any accessory building or structure.

(5)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(6)

No equipment or process shall be used in such home occupation which created noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates audible or visual interference in any radio or television receivers of the premises.

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

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public uses.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. The term "junk" includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

Junkyard means any area, lot, land, parcel, building or structure or part thereof used for the storage, collecting, processing, purchase, sale or abandonment of wastewater, rags, scrap metal or other scrap or discarded goods, materials, machinery, or two or more unregistered, inoperable motor vehicles or other type of junk.

Landscaping means and shall consist of, but not be limited to, grass, ground covers, shrubs, vines, hedges, trees, berms, and complementary structural landscape architectural features such as rock, fountains, sculpture, decorative walls and tree wells.

Loading area means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lodginghouse means a building where lodging only is provided for compensation for not more than three persons not members of a family.

Lot means a parcel of land having frontage on a public street, or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of this Zoning Code as pertaining to the district wherein located.

Lot, corner, means a lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

Lot coverage (except residential) means the area of a lot occupied by the principal building and accessory buildings including any driveways, parking areas, loading areas, storage areas and walkways.

Lot coverage (residential) means the area of a lot occupied by the principal building and accessory building.

Lot frontage means the front of an interior lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street shall be considered frontage, and yards shall be provided as set out in these zoning regulations. For the purpose of computing number and area of signs, frontage of a lot shall be established by orientation of the frontage of buildings thereon, or of principal entrance points to the premises if building frontage does not clearly indicate lot frontage. If neither of these methods are determinant, the building inspector shall select on the basis of traffic flow on adjacent streets, and the lot shall be considered to front on the street with the greater flow.

Lot, interior, means a lot situated on a single street which is bounded by adjacent lots along each of its other lines and is not a corner lot.

Lot line means a property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting driveways, parking areas, loading areas, storage areas and walkways.

Lot lines and areas means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot, substandard, means a parcel of land held in separate ownership having frontage on a public street, or other approved means of access, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas or other open space provisions of this Zoning Code as pertaining to the district wherein located.

Lot, through, means a lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

Lot width means the horizontal distance between the side lot lines measured at the building setback line.

Minor structures means any small, movable accessory erection or construction such as a birdhouse, tool houses, pet houses, play equipment, arbors and walls and fences under four feet in height.

Mobile home means a manufactured home that is HUD certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.). A mobile home is a transportable structure, being eight feet or more in width, not including the overhang of the roof, built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.

Mobile home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.

Mobile home park means a parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users.

Mobile home subdivision means a land subdivision, as defined by chapter 236 of the Wisconsin Statutes (Wis. Stats. § 236.01 et seq.) and any village land division ordinance, with lots intended for the placement of individual mobile home units. Individual homesites are in separate ownership as opposed to the rental arrangements in mobile home parks.

Modular unit is a factor fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes.

Nonconforming uses means any structure, use of land, use of land and structure in combination or characteristic of use, such as yard requirement or lot size, which was existing at the time of the effective date of the ordinance from which this zoning chapter is derived or amendments thereto and which is not in conformance with this Zoning Code. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.

Nursing home means an establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or the care of the sick or injured.

Office, business, means an office for such activities as real estate agencies, advertising agencies (but not sign shops), insurance agencies, travel agencies and ticket sales, chamber of commerce, credit bureau (but not finance company), abstract and title agencies or insurance companies, stockbrokers, and the like. It is characteristic of a business office that retail or wholesale goods are not shown on the premises to a customer. A barbershop or beauty shop is not a business office.

Office, professional, means an office for the use of persons generally classified as professionals, such as architects, engineers, attorneys, accountants, doctors, dentists, chiropractors, psychiatrists, psychologists, and the like. It is characteristic that display advertising is not used and that the use is characterized by offering consultive services.

Parking lot means a structure or premises containing five or more parking spaces open to the public.

Parties in interest means and includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.

Planned shopping centers means a commercial land development consisting of three or more commercial establishments, comprehensively planned as an entity via a unitary plan, under one ownership or unified control.

Planned unit development means a residential land development comprehensively planned as an entity via a unitary plan which permits flexibility in building siting, mixtures of housing types, usable open spaces, and the preservation of significant natural features.

Public airport means any airport which complies with the definition contained in Wis. Stats. § 114.013(3), or any airport which serves or offers to serve common carriers engaged in air transport.

Rear yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principle structure. This yard shall be opposite the street yard or one of the street yards on a corner lot. (Exception. Corner lots in single-family and two-family residential districts shall have two front yards and two side yards.)

Residential greenhouse means a structure exclusively used for the cultivation of plants in which natural sunlight is allowed to enter through transparent material and temperature and humidity are controlled.

Retail means the sale of goods or merchandise in small quantities to the consumer.

Self storage warehouse or miniwarehouse means a building or group of buildings, not including residential accessory garages or sheds, consisting of unheated and or, unattended, private, individual, compartmentalized, self-contained and controlled access units, stalls or lockers that are rented, leased or individually owned for the purpose of storage of personal or business items within units smaller than 460 square feet.

Setback means the minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhand cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.

Side yard means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.

Sign means any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual firm, association, corporation, profession, business, commodity or product and which is visible from the public street or highway.

Sign area means and shall be computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all of the elements not bearing advertising matter shall not be included in computing area.

Sign, number of, for the purpose of determining number of signs, shall be considered to be a single display surface or device containing elements organized, related, and computed to form a unit. Where subject matter is displayed randomly without any organization of the elements, each element shall be considered to be one sign.

Sign, on-site, means a sign relating in its subject matter to the premises on which it is located.

Sign, types.

(1)

Detached sign means a sign not attached to or painted on a building but which is affixed to the ground, fence, or all not part of a building.

(2)

Flat sign means a sign attached to or parallel to the face of a building or erected or painted on the outside wall of a building and where support of such sign is provided by the wall. No part of such sign shall extend more than 18 inches or more from the building.

(3)

Marquee sign means a sign attached to or hung from a marquee projecting from and supported by a building.

(4)

Projecting sign means a sign attached to and projecting 18 inches or more from the face of the wall of a building.

(5)

Temporary detached sign means a sign not permanently attached to a building, fence, or to the ground. It is designed to be readily transported from site to site.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

Story, half, means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings, less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this Zoning Code.

Street means property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.

Street yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards.

Structural alterations means any change in the supporting members of a structure, such as billboards.

Structure means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

Temporary structures means a movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.

Use means the purpose or activity for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.

Use, accessory, means a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.

Use, principal, means the main use of land or building as distinguished from subordinate or accessory use.

Utilities means public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.

Vision clearance means an unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except the vegetation. The street and rear yards extend the full width of the lot.

Yard, front, means a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. The side where the address is shall be considered the front yard.

Yard, rear, means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

Yard, side, means that part of the yard lying between the main building and a side lot line, and extending from the required front yard or from the front lot line, if there is no required front yard, to the required rear yard.

Zero lot line means the concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between said units.

Zoning permit means a permit issued by the zoning administrator to certify that the use of lands, structures, air and waters subject to this chapter are or shall be used in accordance with the provisions of said chapter.

(Code 2006, § 13-1-300; Ord. No. 13(Ser. of 2001), 7-3-2001; Ord. No. 11(Ser. of 2007), § 1(13-1-300), 8-1-2007; Ord. No. 2(Ser. of 2023), § 1, 1-18-2023)

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 2006, § 13-1-5)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be construed to be a limitation or repeal of any other power now possessed by the village.

(Code 2006, § 13-1-6)

(a)

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

(b)

If any application of this chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in such judgment.

(c)

The village does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the village, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter.

(Code 2006, § 13-1-7)

All other ordinances or parts of ordinances of the village consistent or conflicting with this chapter, to the extent of the inconsistency or conflict only, are hereby repealed.

(Code 2006, § 13-1-8)

In addition to the regulations established herein, no development shall be commenced; and no land, building, or structure shall hereafter be used or occupied except in conformity with the floodplain ordinance of the village adopted pursuant to Wis. Stats. § 87.30.

(Code 2006, § 13-1-9)

In addition to the regulations established herein, no department shall be commenced except in conformity with the bulkhead ordinance of the village adopted pursuant to Wis. Stats. § 30.11.

(Code 2006, § 13-1-10)

(a)

Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the village.

(b)

Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

(c)

District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.

(d)

One main building per lot. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there be more than one main building on one lot, except in the case of condominiums.

(Code 2006, § 13-1-20)

Only the following uses and their essential services may be allowed in any district:

(1)

Permitted uses. Permitted uses, being the principal uses, specified for a district.

(2)

Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.

(3)

Conditional uses. The following provisions are applicable to conditional uses generally:

a.

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the plan commission or village board in accordance with article IV of this chapter excepting those existent at time of adoption of the Zoning Code.

b.

Those existing uses which are classified as conditional uses for the district in which they are located at the time of adoption or amendment of the ordinance from which this chapter is derived, require no action by the plan commission or village board for them to continue as valid conditional uses.

c.

A proposed change from permitted use in a district to a conditional use shall require review, public hearing, and approval by the plan commission or village board in accordance with article IV of this chapter.

d.

Conditional use, when replaced by permitted use, shall terminate. In such case, the reestablishment of any previous conditional use, or establishment of new conditional use shall require review, public hearing and approval by the plan commission or village board in accordance with article IV of this chapter.

e.

Conditional uses authorized by plan commission or village board resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.

f.

Conditional uses authorized by the plan commission or village board shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without plan commission approval and the procedures required in article IV of this chapter.

(4)

Uses not specified in this zoning chapter.

a.

Uses not specified in this chapter which are found by the plan commission to be sufficiently similar to specified permitted uses for a district shall be allowed by zoning administrator.

b.

Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the plan commission after public hearing and approval in accordance with article IV of this chapter.

(5)

Temporary or mobile uses. The following provisions are applicable to temporary or mobile uses generally:

a.

Temporary or mobile uses are defined as, but not limited to the following:

1.

Fireworks stands;

2.

Sales tents;

3.

Catering trucks;

4.

Food service trucks;

5.

Hot dog carts;

6.

Food service trailers;

7.

Food vending carts;

8.

Mobile offices; and

9.

Other commercial uses;

which utilize mobile or portable facilities which are not permanently connected to public water or sanitary sewer utilities and are not secured permanently to the land on which located.

b.

Temporary or mobile uses as described in subsection (5)a of this section may be permitted by the zoning administrator for no longer than one continuous 90-day period annually when determined not to be in conflict with the neighboring uses and the general provisions within the zoning district in which located.

c.

Applicants shall submit drawings photographs and scaled site plans showing location, parking, signs, etc., to the zoning administrator prior to issuance of a permit.

d.

In addition, the board of appeals under section 44-517 shall have the power to hear and grant applications for temporary uses, in any district provided that such uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses and the plan commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the board of zoning appeals and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required. An application fee as established by the village board, from time to time, and appears on the fee schedule attached as appendix C to this Code shall be required for board of appeals review.

(Code 2006, § 13-1-21; Ord. No. 2(Ser. of 2007), § 1, 2-7-2007)

(a)

Street frontage. To be buildable, a lot shall comply with the frontage requirements of the zoning district in which it is located.

(b)

Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot. The plan commission and the village board may permit as a conditional use more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel or when a condominium is planned. Where additional structures are permitted, the plan commission and village board may impose additional yard requirements, landscaping requirements or parking regulations, or require a minimum separation distance between principal structures.

(c)

Dedicated street. Zoning permits shall only be issued for a lot which abuts a public street dedicated to its proposed width.

(d)

Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.

(e)

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the village board, upon the recommendation of the plan commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, 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 the 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 if he so desires. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the village board.

(f)

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 and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1½ horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the plan commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion. Retaining walls may be permitted on a site-specific basis as allowed by the zoning administrator.

(g)

Decks. For purposes of this chapter, the decks and porches shall be considered part of a building or structure.

(h)

Corner lots. With corner lots, both yards facing streets shall comply with front yard setback requirements.

(i)

Through lots. On through lots or lots with double frontage, the required front yard shall be provided on each street. On corner lots, the street side yard shall equal the required front yard for lots fronting on that street.

(j)

Development in mapped streets. Where an official line has been established for the future widening or opening of a street, the depth of a front yard or the width of a side yard shall be measured from such official line to the nearest line of the building.

(k)

Building groups. In any nonresidential district, a group of buildings separated only by common or party walls shall be considered as one building.

(l)

Residual lot area. In districts permitting two-family or multifamily dwellings where the area of property is such that a portion remains after full requirements have been met for other dwelling units on the same property, the following rules shall guide the zoning administrator in issuing permits, and no relaxation will be permitted by a variance.

(1)

Two units shall be permitted on a lot containing area required for one unit and 85 percent of the area for a second unit.

(2)

Three units shall be permitted on a lot containing area required for two units and 75 percent of the area for a second unit.

(3)

One additional unit shall be permitted on a lot containing area required for three or more units and 70 percent of the area required for the additional unit.

(Code 2006, § 13-1-22)

Every part of every required yard shall be open and unobstructed from 30 inches above the general ground level of the graded lot upward to the sky except as hereinafter provided or as otherwise permitted in these zoning regulations:

(1)

Roof eaves may project into a required side yard not more than three feet where the required side yard is eight feet or more in width. Roof eaves may project into a required side yard not more than two feet where the required side yard is less than eight feet.

(2)

Sills, belt courses, cornices, vertical solar screens and other ornamental features may project not over one foot into required yard.

(3)

Fire escapes, stairways and balconies whether unroofed, open and enclosed or enclosed shall not intrude into required yards.

(4)

Solar collectors which are part of the principal building may extend into a required rear yard for a distance not to exceed ten feet, and solar collectors may extend into a required side yard, provided that they have a minimum seven-foot clearance from grade and provided further that such extension shall be at least five feet distant from the adjacent lot line and shall not extend more than three feet from the building.

(Code 2006, § 13-1-23)

No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(Code 2006, § 13-1-24)

The provisions of this chapter shall not prevent the erection of a single-family dwelling and its accessory structures on any lot zoned for residential use and on record in the office of the county register of deeds, at the time of adoption of the ordinance from which this chapter is derived, as being owned separately from any lot or part of a lot adjoining such lot. Side yard, front yard, rear yard setbacks, maximum percentage of lot coverage, and height requirements shall be maintained.

(Code 2006, § 13-1-25)

(a)

No single-family dwelling or duplex dwelling shall be erected or installed in any zoning district within the village other than in an MH mobile home district unless it meets all of the following criteria:

(1)

The dwelling shall be set on a full basement or other permanent enclosed foundation which meets the standards set forth in Wis. Admin. Code, subchs. III—V of ch. COMM 21 (Wis. Admin. Code §§ COMM 21.12—21.18), or set on a comparable enclosed foundation system approved by the building inspector. The structure shall not rest upon a metal frame where the foundation meets the sills or floor joists. 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 enclosed foundation system provides proper support for the structure.

(2)

The structure shall have a minimum living area of at least 960 square feet and a minimum width of 24 feet.

(3)

The structure shall have a core area of living space at least 20 feet by 24 feet in size.

(4)

All on-site construction shall be in compliance with all of the following:

a.

Wis. Admin. Code ch. COMM 21, the uniform dwelling code.

b.

Wis. Admin. Code chs. COMM 81—84, the plumbing code.

c.

Wis. Admin. Code ch. COMM 16, the electrical code.

(5)

The structure shall have a pitched roof with a minimum slope ratio of 3/12 and eaves extending outward a minimum of 12 inches beyond the nearest vertical wall.

(6)

The structure shall be roofed with asphalt, fiberglass, woodshake, clay, cement shingles or comparable roofing, not including metal roofing.

(b)

The zoning board of appeals, and/or plan commission, may not grant any variance from the requirements of subsections (a)(1) through (4) of this section. The zoning board of appeals, and/or plan commission, may grant a variance from the requirements of subsections (a)(5) and (6) of this section only if the board of appeals and/or plan commission specifically finds that such variance will not have an adverse aesthetic or pecuniary impact on the surrounding neighborhood and/or the value of nearby properties.

(Code 2006, § 13-1-26; Ord. No. 26(Ser. of 1995), 11-15-1995; Ord. No. 18(Ser. of 2001), 11-7-2001)

(a)

Purpose. It is the purpose of this section to ensure the provision of a safe and sanitary drinking water supply for the village water utility by the establishment of wellhead protection zones surrounding the wellheads for existing and future well sites, which are or may be the supply sources for the village water utility's water system, and by designation and regulation of property uses and conditions that may be maintained within such zones.

(b)

Applicability. This article applies to all well sites that are or are proposed to be the supply sources for the village water utility. The regulations specified in this section shall apply within the boundaries of the village.

(c)

Protection zone description. There is hereby established a use district to be known as a wellhead protection zone, identified and described as all the area within 1,200 feet of any existing utility water supply well site or proposed site, or any part thereof, which the village has jurisdiction.

(d)

Prohibited uses or conditions. Any utility water supply well site shall be adequately separated from potential sources of contamination, unless a hydrogeologic investigation indicates lesser separation distances would provide adequate protection of a well from contamination. The following uses or conditions shall be and are hereby prohibited within the specified minimum separation distances:

(1)

A distance of 50 feet between a well and storm sewer main.

(2)

A distance of 200 feet between a well and any sanitary sewer main, lift station or single-family residence fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints, and pressure tested in place to meet current American Water Works Association (AWWA) C600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.

(3)

A distance of 400 feet between a well and a septic tank or soil absorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.

(4)

A distance of 600 feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the state department of commerce or its designated agent under Wis. Admin. Code § COMM 10.10.

(5)

A distance of 1,000 feet between a well and land application of municipal, commercial or industrial waste; boundaries of a land-spreading facility for spreading of petroleum-contaminated soil regulated under Wis. Admin. Code ch. NR 718, while that facility is in operation; industrial, commercial or municipal wastewater lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil absorption units receiving 8,000 gallons per day or more.

(6)

A distance of 1,200 feet between a well and any solid waste storage, transportation, transfer, incinerator, air curtain destructor, processing wood burning, one time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Wis. Admin. Code ch. NR 140 enforcement standards that is shown on the state department of natural resources (DNR) geographic information system registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the department of commerce or its designated agent under Wis. Admin. Code § COMM 10.10; bulk fuel storage facilities; and pesticides or fertilizer handling or storage facilities.

(e)

Existing facilities and nonconforming uses. Insofar as the standards in this section are not inconsistent with the provisions of Wis. Stats. § 62.23(7)(h), they shall apply to all nonconforming uses. The existing lawful use of a structure or building or its accessory use, which is not in conformity with the provision of this section, may be continued, subject to the following conditions:

(1)

No modifications or additions to a nonconforming use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the terms "modification" and "addition" shall include, but are not limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure or accessory use. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal or external painting, decorating, paneling and the replacement of doors, windows, and other nonstructural components.

(2)

If a nonconforming use is discontinued for 12 consecutive months, any future use of the land, structure or building shall conform with the appropriate provisions of this section.

(3)

A nonconforming use shall provide copies of all federal, state and local facility operation approvals or certificate and on-going environmental monitoring results to the village.

(4)

Persons responsible in regards to a nonconforming use shall provide additional environmental or safety structures/monitoring as deemed necessary by the village, which may include, but are not limited to, stormwater runoff management and monitoring.

(5)

A nonconforming use shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

(6)

A nonconforming use shall have the responsibility of devising and filing with the village a contingency plan satisfactory to the village for the immediate notification of village officials in the event of an emergency or event that has the potential to cause groundwater contamination.

(7)

In the event the individual and/or facility causes the release of any contaminants, which endanger the village's water supply, the activity causing said release shall immediately cease, and cleanup satisfactory to the village shall occur, including the payment of all cost of cleanup, village consultant fees, and administrative cost for oversight, review and documentation.

(8)

The individual/facility shall be responsible for all costs of cleanup, village consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation.

(f)

Administration. The provisions of this section shall be administered and enforced jointly by the village zoning administrator and the village public works director. They shall examine all applications for building permits for properties within a 1,200-foot radius of a municipal well site with regard to the setback distances established in this section.

(g)

Remedies. Compliance with the provisions of this section shall be enforced by appropriate fines and penalties. Compliance may also be enforced by injunctional suit of the village or by the owners of real estate within the district affected by the regulation.

(h)

Penalties. Any person who violates any provision of this section or any order, rule or regulation made hereunder shall, upon conviction, be subject to a forfeiture and such additional penalties, as provided for in section 1-12. Each day that a violation continues to exist shall constitute a separate offense. The village shall have any and all other remedies afforded by state statutes in addition to provisions of section 1-12.

(i)

Notice of violation. If the administrators find that any of the provisions of this section are being violated, they shall notify, in writing by certified mail, the person responsible indicating the nature of the violation and ordering the action necessary to correct the violation. Whenever a person shall have been notified in writing that he is in violation of the provisions of this section, such person shall commence correction of all violations within ten days of notice and shall correct all violations within 45 days of notice.

(Code 2006, § 13-1-27; Ord. No. 27(Ser. of 1995), 11-15-1995; Ord. No. 5(Ser. of 2007), § 1, 2-21-2007)

Purpose: The village had adopted a zoning code, pursuant to zoning authority granted by the State of Wisconsin pursuant to Wisconsin Statutes, regulating the uses of properties within various zoning districts. The village finds that recording of private covenants and restrictions may unlawfully interfere with the zoning authority of the village and cause deleterious effects when applied to properties within certain business districts by preventing legal uses under the zoning code. Such private restrictions may prevent or obstruct highest and best uses of the restricted property, result in long-term vacancies, and contribute to blight conditions of the subject property and surrounding properties. The village has observed that vacancies and/or decreases in property values often occur when certain private regulations restrict legal highest and best uses in communities in which such are allowed to be established without municipal review and regulation.

It is intended by this chapter to protect property values and zoning controls by preventing establishment, or recording without prior village board approval, or enforcing, of certain covenants, deed restrictions, agreements, contracts or rules within certain districts.

(a)

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

(b)

If any application of this section to a particular use of land is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other land not specifically included in such judgment.

(c)

No deed restriction or real estate covenant, that prohibits or restricts uses lawfully permitted under the village zoning code shall be established or recorded by any property owner, or other property interest holder without first obtaining prior approval from the village board and any such deed restriction or real estate covenant established or recorded contrary to this section shall be void and unenforceable, and shall not constitute a prohibition or restriction on uses of the property otherwise lawfully permitted under the village zoning code.

(d)

Any property owner or interest holder shall apply to the village for approval prior to establishing or recording any deed restriction or real estate covenant that prohibits or restricts uses lawfully permitted under the village zoning code.

(e)

Applications for review of proposed private property restrictions shall be made upon forms supplied by and submitted to the zoning administrator. The zoning administrator shall forward applications to the plan commission within 60 days of receipt. The plan commission shall make recommendation to the village board within 60 days of review. The village board will approve, deny or recommend amendment by resolution within 60 days of receipt of recommendation by the plan commission.

(f)

Prior approval, denial or amendment of private covenants or restrictions shall be made by the village board through adoption of resolutions regarding such applications.

(g)

This code section regulating private restrictions will be applicable in the following zoning districts, each of which is a "business district" within the meaning of this section:

(1)

CB central business district.

(2)

CH commercial highway district.

(3)

CS commercial shopping center district.

(4)

ID industrial district.

(h)

Appeals shall be regulated under article XIV, appeals.

(i)

Enforcement of this section will be made under article XII, administration. This section may also be enforced by means of affirmative or injunctive equitable relief through the Circuit Court for Outagamie County.

(Ord. No. 4(Ser. of 2018), § 1, 3-21-2018)