This Chapter is adopted under the authority granted by Wis. Stats. §§ 61.35, 62.23(7) and 87.30 and amendments thereto.

(Code 1998, § 13-1-1; Ord. No. 2003-03, § 1(13-1-1), 3-24-2003)

This Chapter shall be known as, referred to and cited as the "Zoning Code, Village of McFarland, Wisconsin" and is hereinafter referred to as "this Chapter."

(Code 1998, § 13-1-2; Ord. No. 2003-03, § 1(13-1-2), 3-24-2003)

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

(Code 1998, § 13-1-3; Ord. No. 2003-03, § 1(13-1-3), 3-24-2003)

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

1. Abutting. Having property or district lines in common (e.g., two lots are abutting if they have property lines in common).
2. Accessory building or use.
   1. An accessory building or use is one that:
      1. Is customary and clearly incidental to the principal building or principal use;
      2. Serves exclusively the principal building or principal use;
      3. Is subordinate in area, extent or purpose to the principal building or principal use;
      4. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
      5. Is located on the same zoning lot as the principal use served, with exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot as the building or use served.
   2. An accessory building or use includes, but is not limited to, the following:
      1. A children's playhouse, garden house or private greenhouse;
      2. A garage, carport, shed or building for storage incidental to a permitted use;
      3. Incinerators incidental to a permitted use;
      4. Storage of goods used in or produced by permitted manufacturing activities on the same zoning lot with such activities, unless such storage is excluded by the district regulations;
      5. The production, processing, cleaning, servicing, testing, repair or storage of merchandise normally incidental to a permitted retail service or business use if conducted by the same ownership as the principal use;
      6. Off-street motor vehicle parking areas and loading facilities;
      7. Signs, as permitted and regulated in each district incorporated in this Chapter; and
      8. Earth station dish antennas, which are ground-mounted or building-mounted.
3. Acre, net. 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.
4. Adjacent. Neighboring or within visible proximity (e.g., includes property that is across the street or public right-of-way and includes all properties directly impacted by a proposed development whether abutting or not).
5. Agricultural use. Any of the following activities conducted for the purpose of producing an income or livelihood: crop or forage production, keeping livestock, beekeeping nursery, sod or Christmas tree production, floriculture, aquaculture, fur farming, forest management and enrolling land in a federal agricultural commodity payment program for a federal or state agricultural land conservation payment program.
6. Alley. A public way not more than 24 feet wide that affords only a secondary means of access to abutting property.
7. Animal unit. One animal unit is the equivalent of one cow, or one horse, or one pony, or one mule, or two hogs or ten sheep, or ten goats or 50 poultry or equivalent combination of them.
8. Apartment. A room or suite of rooms in a multiple-family structure that 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.
9. Arterial street. A public street or highway used or intended to be used primarily for large volume or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways and parkways.
10. Automobile laundry. A building or portion thereof containing facilities for washing automobiles using production-line methods with a chain, conveyor, blower, steam-cleaning device or other mechanical devices or any premises with a capacity of washing 20 or more vehicles per eight-hour day.
11. Awning. A retractable, rooflike cover, temporary in nature, which projects from the wall of a building.
12. Basement. That portion of any structure located partly below the average adjoining lot grade, which is not designed or used primarily for year-around living accommodations.
13. Block. A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad right-of-way, bulkhead lines or shorelines of waterways. A block may be located in part beyond the boundary lines of corporate limits of the Village.
14. Boardinghouse. A building other than a hotel or restaurant where meals or lodging are regularly furnished by a rearrangement for compensation for three or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.
15. Bufferyard. A unit of land, together with a specified type and amount of planting thereon, and any structures that may be required between land uses to eliminate or minimize conflicts between them.
16. Buildable lot area. The portion of a lot remaining after required yards have been provided.
17. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land. When any portion thereof is completely separated from every other portion by masonry or firewall without any window, which wall extends from the ground to the roof, then such portion shall be deemed to be a separate building.
18. Building, completely enclosed. A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
19. Building coverage. The proportion of the lot area, expressed as a percent, that is covered by the maximum horizontal cross section of a building or buildings.
20. Building detached. A building surrounded by open space on the same lot.
21. Building height. A vertical distance from the curb level or the approved ground level opposite the center of the front of a building to the highest point of the roof in the case of a flat roof, to the deck line of a mansard roof, and to the mean-height level between eaves and ridges of a gable, hip or gambrel roof.
22. Building, principal. A building in which the principal use of the lot on which it is located is conducted.
23. Building setback line. A line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this Code.
24. Bulk. Used to indicate the size and setbacks of buildings or structures and the location of such buildings or structures with respect to one another and includes the following:
    1. Size and height of buildings;
    2. Location of exterior walls at all levels in relation to lot lines, streets or to other buildings;
    3. Gross floor area of buildings in relation to lot area (floor area ratio);
    4. All open spaces allocated to buildings; and
    5. Amount of lot area provided per dwelling unit or lodging room.
25. Business. An occupation, employment or enterprise that occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
26. Channel. Those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.
27. Clinic, medical and dental. A building in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their professions. The clinic may include an accessory dental or medical laboratory. It shall not include in-patient care or operating rooms for major surgery.
28. Club or lodge, private. A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a Board of Directors, Executive Committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises, provided adequate dining room space and kitchen facilities are available. Where properly licensed under existing Village ordinances, the consumption of intoxicating beverages by members of such club or lodge or their guests may be permitted.
29. Community living arrangement. The following facilities licensed or operated or permitted under the authority of the child welfare agencies under Wis. Stats. § 48.60, foster homes for children under Wis. Stats. § 48.02(6), group homes for children under Wis. Stats. § 48.02(7), and community-based residential facilities under Wis. Stats. § 50.01(1g), but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable Sections of Wis. Stats. §§ 46.03(22), 59.69(15), 62.23(7)(i) and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.
30. Conditional uses. Uses of a special nature as to make impractical their predetermination as a principal use in a district.
31. Conforming building or structure. Any building or structure that:
    1. Complies with all the regulations of this Chapter or any amendment thereto governing bulk or the zoning district in which such building or structure is located; or
    2. Is designed or intended for a conforming use.
32. Conservation standards. Guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the Natural Resources Conservation Service for Dane 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 the landowner's needs in developing soil and water conservation.
33. Controlled access arterial street. 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.
34. Convalescent home and nursing home. A home for the aged, infirm, chronically ill or incurable persons in which five or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation but not including hospital clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.
35. Curb level. The level of the established curb in front of such building measured at the center of such front.
36. Development. 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.
37. District, basic. A part of the Village for which the regulations of this Chapter governing the use and location of land and building are uniform.
38. District, overlay. Overlay districts, 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.
39. Down Zoning Ordinance. A zoning ordinance that affects an area of land in one of the following ways:
    1. By decreasing the development density of the land to be less dense than was allowed under its previous usage.
    2. By reducing the permitted uses of the land, that are specified in a zoning ordinance or other land use regulation, to fewer uses than were allowed under its previous usage.
       
40. Dwelling. A building or part of a building containing one or more dwelling units and also containing other directly associated elements such as hallways, storage areas or common laundry facilities. For purposes of this Chapter, this term does not include "group lodging facilities."
41. Dwelling, attached. A dwelling separated from another dwelling unit and having any portion of any roof, wall or floor in common with another dwelling unit.
42. Dwelling, detached. A dwelling that is entirely surrounded by open space on the same lot.
43. Dwelling, multiple-family. A building, or portion thereof, containing three or more dwelling units.
44. Dwelling, single-family. A building containing one dwelling unit only.
45. Dwelling, two-family. A building containing two dwelling units only.
46. Dwelling unit. An area within a dwelling that is designed, occupied or intended to be occupied by a family (or by a nonfamily household) as permitted by this Chapter as separate living quarters with private kitchen, sanitary, sleeping and living quarters within the unit.
47. Eating place. Establishments primarily engaged in the retail sale of prepared food and drinks for consumption on the premises. Caterers and institutional food service establishments are included. The term shall not apply to houses of worship, religious, fraternal, youths' or patriotic organizations, service clubs and civic or union organizations that occasionally prepare or serve or sell meals to transients or the general public, nor shall it include any public or private school lunchroom.
48. Efficiency unit. A dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, providing that such dining alcove shall not exceed 90 square feet in area and shall not be used for sleeping purposes.
49. Elderly dwelling. A building, or portion thereof, designed, designated and used exclusively by a person who is 55 years of age or older, or a family, the head of which or spouse is 55 years of age or older.
50. Essential services. Services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include 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 not including buildings.
51. Establishment, business. A place of business carrying on operations that are physically separate and distinct from those of any other place of business located on the same zoning lot.
52. Family. An individual or group of two or more individuals who are related by blood, marriage or adoption, together with not more than four additional persons not so related, living as a single household in a dwelling unit. For purposes of this Chapter, family includes nonfamily households.
53. Family day care. The provision of day care for children for compensation within a dwelling whether or not licensed by the state, including educational services so long as the care and services are taking place within a dwelling.
54. Farming, general. Includes floriculture, forest and game management, orchards, raising of grain, grass, mint and seedcrops, raising of fruits, nuts and berries, sod farming and vegetable farming. General farming includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.
55. Farmstead. A single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.
56. Floor area. The sum of the gross floor area for each of a building's stories measured from the exterior limits of the faces of the structure. The floor area of a building includes basement floor area. It does not include cellars and unenclosed porches or any floor space in an accessory building or in the principal building that is designed for the parking of motor vehicles in order to meet the parking requirements of this Article.
57. Floor area ratio. An intensity measured as a ratio derived by dividing the total floor area of a building by the gross area site. Where the lot is part of a larger development and has no bufferyard, that lot area may be used instead of the gross site area.
58. Foster home. Any facility that is operated by a person required to be licensed by Wis. Stats. § 48.62(1)(a) and that provides care and maintenance for no more than four children or, if necessary to enable a sibling group to remain together, for no more than six children or, if the State Department of Children and Families promulgates rules permitting a different number of children, for the number of children permitted under those rules.
59. Frontage. 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.
60. Garage, private. 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.
61. Garage, public. 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.
62. Gross floor area. The area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The gross floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.
63. Gross site area. The area of land that is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. The gross site area shall be legally described and made part of the application for zoning approvals.
64. Group foster home. Any facility operated by a person required to be licensed by Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.
65. Group lodging facilities. Building or parts of buildings designed, occupied or intended to be occupied as living quarters on a basis other than as a dwelling, dwelling unit, hotel or motel.
66. Group lodginghouse. A group lodging facilities containing general lodging rooms not having kitchen facilities, offered for rent or comparable compensation on a monthly or longer basis. Meals or access to common meal preparation facilities may be offered as part of the service to occupants.
67. Guest, permanent. A person who occupies or has the right to occupy on a monthly or longer basis a hotel or apartment hotel accommodation as such person's domicile and place of permanent residence.
68. Historic District. An area designated by the Village Board on the recommendation of the Landmarks Commission, pursuant to this Section, composed of two or more improvement parcels that together comprise a district of special character or special historic interest or value as part of the development, heritage or cultural characteristics of the Village, state or nation.
69. Historic site. A parcel of land having historic significance due to a substantial value in tracing prehistory or history of aboriginal people, or upon which an historic event has occurred, and which has been designated as an historic site under this Chapter, or an improvement parcel, or part thereof, on which is situated an historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated.
70. Historic structure. An improvement that has a special character or historic interest or value in showing the development, heritage or cultural characteristics of the Village, state or nation, which has been designated as an historic structure under this Chapter.
71. Home occupation. Any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit or in structures accessory thereto.
72. Home professional office. A home occupation consisting of the office of a recognized profession.
73. Hotel. A facility containing sleeping rooms with private or semi-private bathroom facilities offered overnight lodging to the public for compensation and catering primarily to the traveling public. A hotel shall offer services such as maid, telephone, desk and vending services. It may offer a restaurant, recreational facilities and meeting facilities.
74. Hotel, apartment. A building in which at least 90 percent of the accommodations are dwelling units or are occupied by permanent guests.
75. Household. A family or nonfamily group living in a nontransient manner in a single dwelling unit.
76. Impervious surface. Those surfaces that do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt. In the case of lumberyards, areas of stored lumber constitute impervious surfaces.
77. Impervious surface ratio. A measure of the intensity of land use that is determined by dividing the total area of all impervious surfaces on a site by the gross site area.
78. Improvement. Any building, structure, place, work of art or other object that is all or part of any physical betterment of real property.
79. Improvement parcel. A parcel of property containing an improvement that is treated as a single entity for the purpose of levying real estate taxes. The term shall also include any unimproved area of land which is treated as a single parcel for real estate tax purposes.
80. Junk. 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. Junk includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.
81. Junkyard. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes an automobile wrecking or dismantling yard, but does not include uses established entirely within enclosed buildings.
82. Kennel, animal. Any premises, or portion thereof, were dogs, cats and other household pets are maintained, boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.
83. Landmarks Commission. The Landmarks Commission under this Code.
84. Landscape surface area ratio (LSR). The percentage of the gross site area that is preserved as permanently protected landscaped area.
85. Landscaped area. The area of the site that is planted and continually maintained in vegetation, including grasses, ground cover, shrubs, bushes and trees. Landscaped area includes the area located within planted and continually maintained landscaped planters.
86. Loading area. 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.
87. Lodging room. A room rented as sleeping and living quarters without kitchen facilities and with or without an individual bathroom.
88. Lodging room (for determining lot area requirements and off-street parking requirements). For the purpose of determining the lot area requirements, any lodging room designed or intended to be occupied by more than two persons shall be determined as one lodging room for each two persons; provided, however, that in a lodginghouse or a fraternity and sorority house the number of lodging rooms shall be determined by dividing the total number of persons intended to occupy the lodging rooms by two.
89. Lodginghouse. A building where lodging only is provided for compensation for not more than three persons not members of the family.
90. Lot. 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 Code as pertaining to the district wherein located.
91. Lot area. The area of a horizontal plane bounded by the front, side and rear lot lines.
92. Lot, corner. A lot of which at least two adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135 degrees.
93. Lot coverage (residential). The area of a lot occupied by the principal building or buildings and accessory building.
94. Lot coverage (except residential). The area of a lot occupied by the principal buildings or buildings and accessory buildings including any driveways, parking areas, loading areas, storage areas and walkways.
95. Lot depth. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
96. Lot, interior. A lot situated on a single street that is bounded by adjacent lots along each of its other lines and is not a corner lot.
97. Lot line. 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 street or alley, the lot line shall be deemed to be the abutting street or alley right-of-way line.
98. Lot line, front. In the case of a lot abutting upon only one street, the line separating such lot from such street. In the case of any other lot, the owner shall, for the purpose of this Chapter, have the privilege of electing any street lot line the front lot line, providing that such choice, in the opinion of the Zoning Administrator, will not be injurious to the existing, or to the desirable future development of the adjacent properties.
99. Lot line, rear. The lot line that is opposite the most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line 20 feet in length, entirely within the lot parallel to and most distant from the front lot line shall be considered to be the rear lot line for the purpose of determining depth of rear yard.
100. Lot line, side. Any lot line not a front lot line or a rear lot line.
101. Lot lines. The property lines bounding the lot.
102. Lot lines and area. The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
103. Lot of record. A lot that is part of a Subdivision or a Certified Survey Map that has been recorded in the Office of the Register of Deeds of Dane County or a parcel of land, the deed to which was recorded in the Office of said Register of Deeds prior to the effective date of the ordinance from which this Chapter is derived. Any lot or parcel of land created through a violation of any other applicable laws or ordinances of the state and the Village shall not, in this instance, be considered a lot of record.
104. Lot, reversed corner. A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
105. Lot, substandard. 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 Code as pertaining to the district wherein located.
106. Lot, through. A lot that 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.
107. Lot width. The horizontal distance between the side lot lines of a lot, measured at right angles to the lot depth, said measurement to be made at the rear line of the required front yard.
108. Lot, zoning. A single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a zoning lot or lots may or may not coincide with a lot of record.
109. Minor structures. Any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four feet in height.
110. Mobile home. A manufactured home that is HUD certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. 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.
111. Mobile home lot. A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
112. Mobile home park. A parcel of land that 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.
113. Mobile home Subdivision. A land Subdivision, as defined by Wis. Stats. Ch. 236 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.
114. Modular unit. A factory 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.
115. Motel. A facility offering services of a hotel but where the sleeping rooms are physically arranged so that most have access to outside, adjacent parking areas without passing through the lobby.
116. Motor freight terminal. A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment by motor truck.
117. Multifamily development. One lot having a total of three or more dwelling units, regardless of the number of principal residential structures.
118. Nameplate. A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
119. Nonconforming building or structure. A building or structure that does not comply with all of the regulations of this Chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located.
120. Nonconforming use. A use of land that does not comply with all the regulations of this Chapter or of any amendment hereto governing use for the zoning district in which such use is located.
121. Nonfamily households. A group of individuals not exceeding five in number who do not constitute a "family" as defined in this Section and who live as a single household in a dwelling unit.
122. Nursery school. A facility licensed as a day care center by the state where persons provide for compensation and/or consideration for service, group care for four or more children under seven years of age, for less than 24 hours a day at a location other than the child's own home or the homes of relatives or guardians.
123. Nursing home. 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.
124. Office for a professional person. An office for a professional person is one in which services are performed by persons engaged in a profession requiring advanced training in a recognized professional specialty and including the fields of religion, architecture, engineering, law, medicine, personal health services and instruction in the liberal or fine arts.
125. Off-street parking. A site not within the public right-of-way devoted to the parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas, and providing vehicular access to a public street.
126. Outdoor furnace. An apparatus designed to burn solid or liquid combustible material to produce heat and/or heat hot water for a building in which it is not located.
127. Parking lot. A structure or premises containing five or more parking spaces open to the public.
128. Parties in interest. Includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
129. Planned residential development, dwelling. A parcel or tract of land having an area as required in the district regulations under common management, single ownership, and which is the site for two or more principal residential buildings and where regulations may be modified as regulated in this Chapter.
130. Professional office in a home. The office or studio in a person's residence or a person engaged in a recognized professional specialty and including the fields of religion, architecture, engineering, law, medicine, personal health services and instruction in the liberal or fine arts, provided that such use shall comply with all of the conditions of a home occupation, except that mechanical equipment customarily appurtenant to said profession may be used, provided no external manifestations thereof are apparent at the property line.
131. Public airport. Any airport that complies with the definition contained in Wis. Stats. § 114.013(3), or any airport that serves or offers to serve common carriers engaged in air transport.
132. Public way. Any sidewalk, street, alley, highway or other public thoroughfare.
133. Railroad right-of-way. A strip of land containing railroad tracks and customary auxiliary facilities for only track operation. For the purpose of this Chapter, a railroad right-of-way does not include land used or intended to be used for switching, spur, lead, team or siding tracks, freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, car yards or classification yards.
134. Reserved parking space. Those off-street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
135. Retail. The sale of goods or merchandise in small quantities to the consumer.
136. Roadside stand. A temporary structure that is not permanently affixed to the ground and is readily removable in its entirety, which is used solely for the display or sale of farm products produced on the premises upon which such roadside stand is located. No roadside stand shall be more than 300 square feet in ground area and there shall not be more than one roadside stand on any one premises.
137. Row house. A place of abode not more than two stories in height, arranged to accommodate three or more attached living units in which each living unit is separated from the adjoining unit by an unpierced vertical occupancy separation of not less than one hour fire-resistive construction, extending from the basement or lowest floor to the underside of the roof boards. Each living unit shall have separate entrances and exits leading directly to the outside.
138. Screening. A hedge, wall or fence to provide a visual separator and physical carrier not less than four feet nor more than six feet in height, unless otherwise provided for in this Chapter.
139. Setback. 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 overhang 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.
140. Reserved.
141. Signs. 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 any public street or highway.
142. Solar Energy Collection System. All equipment required to harvest solar energy to generate electricity, including solar panels, solar storage units, power conditioning equipment, transfer equipment, and parts related to the functioning of those items.
143. Solar Energy Collection System, Building & Roof Mounted (Accessory Use). A solar photovoltaic system mounted on a rack that is ballasted on, or is attached to, the roof or side of a building or other permitted principal or accessory structure, including limited accessory equipment associated with the system which may be ground mounted. Building and roof mounted systems are accessory to the principal use.
144. Solar Energy Collection System, Ground Mounted (Accessory Use). A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is accessory to the principal use.
145. Solar Energy Collection System, Ground Mounted (Principal Use - Solar Farm). A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is the principal use for the lot on which it is located and typically designed for providing energy to off-site uses or export to the wholesale market..
146. Solar Photovoltaic System. A solar energy collection system that converts solar energy directly into electricity, the primary components of which are solar panels, mounting devices, inverters, and wiring.
     
147. Solar Storage Units. A component of a solar energy collection system or device that is used to store solar generated electricity or heat for later use.
     
148. Story. 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.
149. Story, half. 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 4 1/2 feet above the finished floor of such story. In the case of single-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, one-half story in a sloping roof shall not be counted as a story for the purposes of this Code.
150. Street. Property other than an alley or private thoroughfare or travelway that is subject to public easement or right-of-way for use as a thoroughfare and serves as a principal means of access to abutting property.
151. Street yard. A yard facing a street and 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 or more street yards.
152. Structural alterations. Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
153. Structure. 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.
154. Temporary auxiliary apartment. A living arrangement that permits an elderly or handicapped person to live in a temporary separate living area within a single-family detached dwelling unit in the R-1 Residential District, or which permits a relative or personal attendant of an elderly or handicapped person to live in a temporary, separate living area within such a dwelling unit. Such living area may contain separate bath and kitchen facilities to permit a degree of independence. Ingress and egress for such a living area may be either from within the principal dwelling unit or from a side or rear entrance.
155. Temporary structure. A movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.
156. Traditional neighborhood development. A development as defined by Wis. Stats. § 66.1027(1)(c) that exhibits several of the following characteristics: alleys, streets laid out in a grid system, buildings oriented to the street, pedestrian-orientation, compatible mixed land uses, village squares and greens.
157. Trailer. Any structure that is or may be mounted upon wheels for moving about and is propelled by its own or drawn by other motive power and which is used as a dwelling or as an accessory building or structure in the conduct of a business, trade or occupation or issued for hauling purposes.
158. Urban residential district(s). The R-1, R-1A, R-1B, R-2, R-3, R-MH or R-E zoning districts and residences allowed at a conditional use C-G zoning district.
159. Usable open space. That part of the ground level of a zoning lot, other than in a required front or corner side yard, which is unoccupied by driveways, drive aisles, service drives, off street parking spaces and/or loading berths and is unobstructed to the sky. This space of minimum prescribed dimension shall be available to all occupants of the building and shall be usable for greenery, drying yards, recreational space, gardening, and other leisure activities normally carried on outdoors. Where and to the extent prescribed in these regulations, balconies and roof areas, designed and improved for outdoor activities, may also be considered as usable open space. The usable open space shall be planned as an assemblage or singularly designed area that maximizes the size for open space usage. The only exception to this standard is where the required open space is designed to be part of the individual living units in the form of patios or decks.
160. Use. The purpose or activity for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.
161. Use, accessory. A subordinate building or use that 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.
162. Use, conditional. A use that, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this Chapter, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted.
163. Use, permitted. A use that may be lawfully established in a particular district or districts provided it conforms with all requirements and regulations of such district in which such use is located.
164. Use, principal. The main use of land or building as distinguished from subordinate or accessory use.
165. Utilities. 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.
166. Vision triangle. A vision triangle is the triangular area located at the street corner formed by connecting the point of intersection of the curbs of the intersecting streets, or the point of intersection of the asphalt edges of the streets if no curb is present, with two other points located a distance away from the point of intersection along the line of the intersecting curb, or the asphalt edge of the street if no curb is present. On collector and arterial streets, the distance away from the point of intersection to the point along that collector or arterial street is 35 feet. For local streets, the distance away from the point of intersection to the point along that street is 30 feet. For private streets, the distance away from the point of intersection to the point along that street is 25 feet. For alleys, the distance away from the point of intersection to the point along that alley is 20 feet. The functional classification of streets and alleys shall be determined by the Village Engineer consistent with the definitions provided under Section 56-2.
167. Yard. 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.
168. Yard, front. 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.
169. Yard, rear. A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building.
170. Yard, side. A yard extending from the front yard to the rear yard, lying between the main building and a side lot line. The width of a side yard shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure. A side yard does not include any yard that is a street yard.
171. Zero lot line. 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.
172. Zoning permit. 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 1998, § 13-1-300; Ord. No. 2003-03, § 1(13-1-300), 3-24-2003; Ord. No. 2003-04, §§ 2, 3, 3-24-2003; Ord. No. 2009-08, § 2, 3-23-2009; Ord. No. 2009-11, §§ 1, 3, 4-27-2009)

The general intent and purposes in view of this 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, pollution, 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 that 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 Chapter; and to provide penalties for the violation of this Chapter.

(Code 1998, § 13-1-4; Ord. No. 2003-03, § 1(13-1-4), 3-24-2003)

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 1998, § 13-1-5; Ord. No. 2003-03, § 1(13-1-5), 3-24-2003)

1. 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.
2. Where the conditions imposed by any provision of this Chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
3. No building, structure or use that was not lawfully existing at the time of the adoption of this Chapter shall become or be made lawful solely by reason of the adoption of this Chapter; and to the extent that, and in any manner that, said unlawful building, structure or use in conflict with the requirements of this Chapter, said building structure or use remains unlawful hereunder.

(Code 1998, § 13-1-6; Ord. No. 2003-03, § 1(13-1-6), 3-24-2003)

1. 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.
2. 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 said judgment.
3. 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 1998, § 13-1-7; Ord. No. 2003-03, § 1(13-1-7), 3-24-2003)

1. Jurisdiction. The jurisdiction of this Chapter shall apply to all structures, lands, water and air within the corporate limits of the Village.
2. Compliance.
   1. 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 building permit and without full compliance with the provisions of this Chapter and all other applicable local, county and state regulations.
   2. All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of, or additions to, existing uses occurring hereafter shall be subject to all regulations of this Chapter that are applicable to the zoning districts in which such buildings, uses or land shall be located.
   3. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which this Chapter is derived, and provided construction is begun within 90 days of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued and, further, may, upon completion, be occupied under a certificate of occupancy for the use for which originally designated, a subject thereafter to the provisions of Division 2, Subdivision III of this Article.
3. 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.
4. Number of residential buildings on a zoning lot. Except in the case of planned development districts, condominiums and multifamily developments, not more than one principal detached residential building shall be located on a zoning lot nor shall a principal detached residential building be located on the same zoning lot with any other principal building.
5. Accessory buildings. Accessory buildings and uses shall comply with the standards of Section 62-227.

(Code 1998, § 13-1-20; Ord. No. 2003-03, § 1(13-1-20), 3-24-2003)

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.
   1. Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Plan Commission in accordance with Division 2, Subdivision II of this Article excepting those existent at time of adoption of the ordinance from which this Chapter is derived.
   2. Those existing uses that are classified as conditional uses for the districts in which they are located at the time of adoption of the ordinance from which this Chapter is derived require no action by the Plan Commission for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.
   3. A proposed change from permitted use in a district to a conditional use shall require review, public hearing and approval by the Plan Commission in accordance with Division 2, Subdivision II of this Article.
   4. Conditional uses, when replaced by permitted uses, shall terminate. In such case, the reestablishment of any previous conditional uses, or establishment of new conditional uses shall require review, public hearing and approval by the Plan Commission in accordance with Division 2, Subdivision II of this Article.
   5. Conditional uses authorized by Plan Commission 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.
4. Uses not specified in Chapter.
   1. Uses not specified in this Chapter that are found by the Plan Commission to be sufficiently similar to specified permitted uses for a district shall be allowed by Zoning Administrator.
   2. 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 Division 2, Subdivision II of this Article.
5. Validity of permits. Where the Building Inspector has issued a building permit pursuant to the provisions of this Chapter, such permit shall become null and void unless work thereon is substantially underway within six months of the date of the issuance of such permit by the Building Inspector or the conditional use is abandoned for a period of 12 months.
6. Yard requirements where buildings not present. Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this Chapter, except that yards shall not be required on lots used for garden purposes without buildings or structures, nor on lots used for public recreation areas.
7. Prohibited uses of residential property. No land that is located in a Residence District shall be used for driveway or access purposes to any land which is located in a Commercial or Manufacturing District or used for any purpose not permitted in a Residence District.

(Code 1998, § 13-1-21; Ord. No. 2003-03, § 1(13-1-21), 3-24-2003)

1. 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.
2. 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 1 1/2 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 Village Engineer.
3. Decks. For purposes of this Chapter, decks and porches shall be considered a part of a building or structure.
4. Lots or parcels of land.
   1. Division of lot or parcel of land. No lot or parcel of land located in any district and held in one ownership shall be divided, separated in ownership or reduced in size in any manner so that any portion thereof shall have a lot area of less than five acres and a lot width of less than 300 feet in an Agriculture District, a lot area of less than 10,000 square feet and a lot width of less than 80 feet in an R-1 District, or a lot area of less than 5,000 square feet and a lot width of less than 40 feet in all other districts, nor shall any lot or parcel of land held in one ownership which does not comply to the above provisions be further divided in any manner except as allowed in Section 56-6(b).
   2. Contiguous lots or parcels of land. When two or more lots or parcels of land, either of which lacks adequate area or dimensions prescribed hereinafter for the zoning district in which they are located, or which does not comply with the access requirements of Section 56-142(e), are contiguous and are held in one ownership, they shall thereafter be used as one zoning lot and shall not be severed in ownership.

(Code 1998, § 13-1-22; Ord. No. 2003-03, § 1(13-1-22), 3-24-2003)

1. Continued conformity with bulk regulations. The maintenance of yards, courts, usable open spaces and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, usable open spaces, other open spaces or minimum lot area allocated to any building shall, by virtue of change of ownership, or for any other reason, be used to satisfy yard, court, usable open space, other open space or minimum lot area requirements for any other building.
2. Division of improved zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the district in which the property is located and the provisions set forth in Subsection (e) of this Section.
3. Location of required open space. All yards, courts, usable open spaces and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
4. Required yards for existing building. No yards now or hereafter provided for a building existing on the effective date of the ordinance from which this Chapter is derived shall subsequently be reduced below, or further reduced, if already less than the minimum required by this Chapter for equivalent new construction.
5. Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified.
   1. In all yards.
      1. Arbors and trellises.
      2. Awnings.
      3. Chimneys projecting 24 inches or less into the yard.
      4. Fences, walls and hedges subject to the provisions of Chapter 8, Article 8-VII.
      5. Flagpoles and garden ornaments.
      6. Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch.
      7. Recreational equipment.
      8. Steps not over three feet above the ground level, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.
   2. In front yards.
      1. One story bay windows projecting three feet or less into the yards, provided that such windows do not occupy, in the aggregate, more than one-third of the front wall of the building, and come entirely within planes drawn from either main corner of the front wall, making an interior angle of 21 1/2 degrees in the horizontal plane with the front wall.
      2. Overhanging eaves and gutters projecting 24 inches or less into the yard.
   3. In rear yards.
      1. Accessory sheds, tool rooms and similar buildings or structures for storage.
      2. Air conditioning equipment.
      3. Balconies or decks, extending less than three feet above grade, open to the sky, but are no closer than ten feet to the rear lot line.
      4. Balconies or decks extending more than three feet above grade, open to the sky, but are no closer than 20 feet to the rear lot line.
      5. Detached private garages and open off-street parking spaces.
      6. Fire escapes projecting six feet or less into the yard.
      7. Laundry drying equipment.
      8. One story bay windows projecting three feet or less into the yard, provided that such windows do not occupy, in the aggregate, more than one-half of the rear wall of the building, and come entirely within planes drawn from either main corner of the rear wall, making an interior angle of 22 1/2 degrees in the horizontal plane with the rear wall.
      9. Overhanging eaves and gutters projecting 24 inches or less into the yard.
      10. Swimming pools.
   4. In side yards.
      1. Fire escapes and emergency escape wells projecting not more than four feet into the required yard and not closer than three feet to the side lot line.
      2. Laundry drying equipment.
      3. Open off-street parking spaces.
      4. Overhanging eaves and gutters projecting 24 inches or less into the yard.
   5. In waterfront yards.
      1. Air conditioning equipment.
      2. Balconies or decks, open to the sky, projecting ten feet or less into the yard, but are no closer than 30 feet to the ordinary high-water mark.
      3. Fire escapes projecting six feet or less into the yard.
      4. Laundry drying equipment.
      5. One story bay windows projecting three feet or less into the yard, provided that such windows do not occupy, in the aggregate, more than one-half of the rear wall of the building, and come entirely within planes drawn from either main corner of the rear wall, making an interior angle of 22 1/2 degrees in the horizontal plane with the rear wall.
      6. Overhanging eaves and gutters projecting 24 inches or less into the yard.
      7. Swimming pools.
      8. Piers and boat shelters as approved by the Wisconsin Department of Natural Resources.

(Code 1998, § 13-1-23; Ord. No. 2003-03, § 1(13-1-23), 3-24-2003)

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 1998, § 13-1-24; Ord. No. 2003-03, § 1(13-1-24), 3-24-2003)

The following provisions set forth hereinafter for certain uses are applicable to all such uses regardless of the zoning district wherein they may be located except as provided under conditional use permit: The following provisions shall apply to car washes:

1. A buffer area, at least six feet in width and initially landscaped with four foot tall evergreen shrubs to ultimately form a continuous hedge, not less than five feet nor more than six feet in height, shall be established and maintained at any rear or side lot line abutting a Residence District. A solid wall or fence providing a visual screen and of decorative design may be substituted for the evergreen hedge.
2. Any exterior lighting to illuminate the premises shall be arranged so as not to reflect rays of light into adjacent lots nor shine rays of light directly into the streets.
3. Any exit door for a car wash shall be at least four feet beyond any automatic drying and 20 feet from any street or alley lot line.

(Code 1998, § 13-1-25; Ord. No. 2003-03, § 1(13-1-25), 3-24-2003)

1. Prohibited uses. No land use or aspect of land use, whether newly established or preexisting, whether permanent or temporary, shall be conducted in a manner that results in pollution or contamination of waters (groundwater or surface water) or emission or release of radioactivity, or electrical disturbances, or noise, or glare or heat, or fire or explosive hazards or in conditions of crowding or congestion or in assemblies of persons or livestock without adequate provision for safety, health and sanitation, to the extent of constituting either a violation of applicable laws or regulations, or a condition of public or private nuisance, or a condition which threatens or is detrimental to the public health, safety, comfort or welfare or the right of users of other properties to reasonable enjoyment of their property. Any violations of this standard may be enforced as a zoning violation either prospectively or after the violation occurs, regardless of the legality of basic land use.
2. Exceptions.
   1. The following public utility uses, which are essential in most districts, shall be permitted in any zoning district: poles, towers, wires, cables, conduits, vaults, sewage lift station pipelines, laterals or any other similar distributing equipment for a public utility. However, where such public utility uses are proposed to be located across unplatted lands, such uses may be allowed subject to the issuance of conditional use permits in accordance with the provisions of Division 2, Subdivision II of this Article.
   2. The regulations herein governing lot size shall not apply to any lot designed or intended for a public utility or public service use when such lot size shall be deemed appropriate for such use by the Plan Commission.
   3. The regulations herein limiting the height of buildings or structures shall not apply to flagpoles, communication towers, houses of worship, spires and chimneys.

(Code 1998, § 13-1-26; Ord. No. 2003-03, § 1(13-1-26), 3-24-2003)

1. Special Districts.
   1. Definition of Special Districts. The A1, C-G and PD Districts are classified as Special Districts for purposes of this Chapter.
   2. Permitted uses. Permitted uses of land or buildings, as herein listed, shall be restricted to the Special Districts indicated and under the conditions specified. No building or tract of land shall be devoted to any use other than a use permitted in the zoning district in which such building, structure or tract of land shall be located with the following exceptions:
      1. Uses lawfully established on the effective date of the ordinance from which this Chapter is derived; and
      2. Conditional uses allowed in accordance with the provisions of Subsection (a)(3) of this Section. Uses lawfully established on the effective date of the ordinance from which this Chapter is derived and rendered nonconforming by the provisions thereof shall be subject to those regulations of Division 2, Subdivision III of this Article governing nonconforming uses.
   3. Conditional uses. Conditional uses, as listed in each Specific District, may be allowed in the districts indicated, subject to the issuance of conditional use permits in accordance with the provision of Division 2, Subdivision II of this Article.
   4. Lot area and lot width requirements.
      1. Lot areas and lot widths shall be provided in accordance with the Specific District regulations herein indicated.
      2. No use shall be established or hereafter maintained on a lot recorded after the effective date of the ordinance from which this Section is derived, which is of less area or less width than prescribed herein for such use in the zoning district in which it is to be located.
   5. Height regulations. Maximum height regulations as set forth for each district shall apply to all buildings or structures in such districts, except houses of worship, flagpoles, communications towers, chimneys, schools and other public buildings.
   6. Yard requirements. Front, side and rear yards shall be provided in accordance with the regulations herein indicated for each district. All additions to a principal building, such as attached garages, shall comply with the yard requirements of the principal building.
   7. Off-street parking and loading. In the Special Districts, off-street parking and loading facilities shall be provided in accordance with applicable regulations herein set forth in Division 2, Subdivision IV of this Article.
2. Residence Districts.
   1. Permitted uses. Permitted uses of land or buildings in Residence Districts, as herein listed, shall be restricted to the districts indicated and under the conditions specified. No building or tract of land shall be devoted to any use other than a use permitted herein in the zoning district in which such building, structure or tract of land shall be located, with the following exceptions:
      1. Uses lawfully established on the effective date of the ordinance from which this Chapter is derived; and
      2. Conditional uses allowed in accordance with the provisions of Subsection (b)(2) of this Section. Uses lawfully established on the effective date of the ordinance from which this Chapter is derived and rendered nonconforming by the provisions thereof shall be subject to those regulations of Division 2, Subdivision III of this Article governing nonconforming uses.
   2. Conditional uses. Conditional uses, as herein listed in each specific district, may be allowed in the district indicated, subject to the issuance of conditional use permits in accordance with the provisions of Division 2, Subdivision II of this Article.
   3. Lot area and lot width requirements.
      1. No use shall be established or hereafter maintained on a lot recorded after the effective date of the ordinance from which this Chapter is derived, which is of less area or less width than prescribed herein for such use in the zoning district in which it is to be located.
      2. In any resident district on a lot of record on the effective date of the ordinance from which this Chapter is derived, a single-family dwelling may be established regardless of the size of the lot, provided that all other requirements of this Chapter are met.
      3. No existing residential building shall be converted so as to conflict with or further conflict with the lot area requirements of the district in which such dwelling is located.
   4. Yard requirements. Front, side and rear yards shall be provided in accordance with the regulations herein indicated for each specific Residence District and shall be unobstructed from the ground level to the sky, except as allowed in Section 62-12(e). All additions to a principal building, such as attached garages, shall comply with the yard requirements of the principal building. However, yard requirements may be modified as set forth herein:
      1. The front yard of any building in a Residence District proposed to be erected or altered on a lot that adjoins another lot fronting on the same street whereon the front yard is less than that prescribed for the district in which it is located shall not be required to exceed the average of the front yards of the adjoining existing building, but no front yard shall be less than ten feet in any case.
      2. In the R-1A and R-2 Districts, where a landowner, developer or subdivider provides qualifying permanent open spaces as part of a recorded Subdivision containing lots for single-family detached dwellings, the lots within such Subdivision may have minimum front, side and rear yards 20 percent less than herein otherwise required for the district in which the Subdivision is located.
   5. Usable open space requirements. Usable open space shall be provided on each lot, devoted in whole or in part to any residential use, as set forth in each zoning district. Such usable open space provided on the ground level shall be in a compact area of no less than 200 square feet and having no dimension less than ten feet and having no slope grade greater than ten percent.
   6. Signs. Signs shall be classified and permitted in accordance with the sign regulations specified under Chapter 8, Article XI.
   7. Off-street parking and loading. In all Residence Districts, off-street parking and loading facilities shall be provided in accordance with applicable regulations herein set forth in Division 2, Subdivision IV of this Article.
   8. Community living arrangements.
      1. The total capacity of community living arrangements within the Village shall not exceed 25 or one percent of the Village population as determined by the most recent decennial census, whichever is greater. All community living arrangements shall comply with all applicable requirements of Wis. Admin. Code Ch. HFS 83.
      2. Dwelling structures housing community living arrangements shall be separated from each other by at least 2,500 feet.
      3. The use of a residential dwelling unit as a community living arrangement with a capacity of eight or fewer persons is a permitted use in any Residential District, provided that the premises otherwise satisfies ordinance requirements.
      4. Use of a residential dwelling unit as a community living arrangement with capacity of nine to 15 persons is a permitted use in the R-3 District and a conditional use in the R-1, R-1A, R-1B and R-2 Districts, provided that the premises otherwise satisfy ordinance requirements.
      5. Use of a residential unit as a community living arrangement with capacity of 16 or more persons is a conditional use in any Residential District, provided that the premises otherwise satisfy ordinance requirements.
      6. Capacities in excess of 25 for the Village or separation distances of less than 2,500 feet are conditional uses.
      7. Not less than 11 months nor more than 13 months after the first licensure of a community living arrangement and every year thereafter, the Village Board may make a determination as to the effect of the community living arrangement on the health, safety or welfare of the residents of the Village. The determination shall be made according to the procedures provided under Subsection (b)(8)h. of this Section. If the Village Board determines that a community living arrangement poses a threat to the health, safety or welfare of the residents of the Village, the Village Board may order the community living arrangement to cease operation unless special zoning permission is obtained. The order is subject to judicial review under Wis. Stats. § 68.13, except that a free copy of the transcript may not be provided to the community living arrangement. The community living arrangement must cease operation within 90 days after the date of the order, or the date of the final judicial review of the order, or the date of the denial of special zoning permission, whichever is later.
      8. A determination made under Subsection (b)(8)g. of this Section shall be made after a hearing before the Village Board. The Village shall provide at least 30 days notice to the community living arrangement that such a hearing will be held. At the hearing, the community living arrangement may be represented by counsel and may present evidence and call and examine witnesses and cross-examine other witnesses called. The Village Board may call witnesses and may issue subpoenas. All witnesses shall be sworn by the Village Board. The Village Board shall take notes of the testimony and shall mark and preserve all exhibits. The Village Board may, and upon request of the community living arrangement shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the Village. Within 20 days after the hearing, the Village Board shall mail or deliver to the community living arrangement its written determination stating the reasons therefor. The determination shall be a final determination.
3. Commercial Districts.
   1. Permitted uses.
      1. Permitted uses of land or buildings, as herein listed, shall be restricted as to the Commercial Districts indicated and under the conditions specified. No building or tract of land shall be devoted to any use other than a use permitted herein in the zoning district in which such building, structure or tract of land shall be located with the following exceptions:
         1. Uses lawfully established on the effective date of the ordinance from which this Chapter is derived; and
         2. Conditional uses allowed in accordance with the provisions of Subsection (c)(2) of this Section.
      2. Uses lawfully established on the effective date of the ordinance from which this Chapter is derived and rendered nonconforming by the provisions thereof shall be subject to those regulations of Division 2, Subdivision III of this Article governing nonconforming uses.
   2. Conditional uses. Conditional uses, as herein listed in each specific district, may be allowed in the districts indicated, subject to the issuance of conditional use permits in accordance with the provisions of Division 2, Subdivision II of this Article.
   3. Lot area requirements. Lot areas shall be provided in accordance with the specific district regulations herein indicated. In addition, the following regulations shall be complied with:
      1. No residential use shall be established or hereafter maintained on a lot recorded after the effective date of the ordinance from which this Chapter is derived, which is of less area than prescribed herein for such use in the zoning district in which it is to be located.
      2. For any lot of record that is less than 50 feet in width or less than 6,000 square feet in area on the effective date of the ordinance from which this Chapter is derived and located in any Commercial District, the lot area requirements as established in the R-3 District shall apply.
      3. No existing residential building shall be converted so as to conflict with or further conflict with the lot area per dwelling unit requirements of the district in which such building is located.
   4. Height regulations. Maximum height regulations as set forth for Commercial Districts shall apply to all buildings or structures in such district.
   5. Yard requirements. Yards shall be provided in accordance with the regulations herein indicated and shall be unobstructed from the ground level to the sky, except as allowed in Section 62-12(e). All additions to the principal building, such as attached garages, shall comply with the yard requirements of the principal building.
   6. Usable open space requirements. Usable open space shall be provided on each lot devoted in whole or in part to any residential use as set forth in each zoning district. Such usable open space provided on the ground level shall be in a compact area of no less than 200 square feet and having no dimension less than ten feet and having no slope grade greater than ten percent. In calculating the usable open space requirements in the C-G and C-H Districts, there may be credited up to a maximum of 50 percent of the required open space area the area of balconies having a minimum dimension of four feet six inches and on the roof any open space area having a minimum dimension of 15 feet and being free of any obstructions and improved and available for safe and convenience use to all occupants of the building.
4. Manufacturing Districts.
   1. Permitted uses.
      1. Permitted uses of land or buildings, as herein listed, shall be restricted to the Manufacturing Districts indicated and under the conditions specified. No building or tract of land shall be devoted to any use other than a use permitted herein in the zoning district in which such building, structure or tract of land shall be located, with the following exceptions:
         1. Uses lawfully established on the effective date of the ordinance from which this Chapter is derived; and
         2. Conditional uses allowed in accordance with the provisions of Subsection (d)(2) of this Section.
      2. Uses lawfully established on the effective date of the ordinance from which this Chapter is derived and rendered nonconforming by the provisions thereof shall be subject to those regulations of Division 2, Subdivision III of this Article governing nonconforming uses.
   2. Conditional uses. Conditional uses, as herein listed in each specific district, may be allowed in the districts indicated, subject to the issuance of conditional use permits in accordance with the provisions of Division 2, Subdivision II of this Article.
   3. Yard requirements. Yards shall be provided in accordance with the regulations herein indicated and shall be unobstructed from the ground level to the sky, except as allowed in Section 62-12(e). All additions to a principal building, such as attached garages, shall comply with the yard requirements of the principal building.
   4. Regulations along Residence District boundaries. In the Manufacturing Districts, if any point on the exterior surface of any building or structure located adjacent to a side or rear property line in a Residence District or directly across a street from a Residence District is at greater height than 35 feet above curb level, such point projected vertically upon the ground shall in no case be nearer to the lot line of the property on which said building or structure is located than a horizontal distance equal to the height of such point above curb level. However, stacks, tanks, bulkheads or ventilating equipment, including towers enclosing the same, shall be exempt from such limitations if not exceeding in the aggregate 25 in lineal dimension parallel to the street for each 100 feet of street frontage. Parapets not exceed three feet in height shall also be exempt from such limitation.

(Code 1998, § 13-1-27; Ord. No. 2003-03, § 1(13-1-27), 3-24-2003)

1. Applicants for rezoning to R-3 General Residence District under Section 62-61(i), PD Planned Development District, under Section 62-67, PD-I Planned Development Infill District under Section 62-66, for substantial modification of detailed plans for approved PD Districts or applications for site plan or design review under Section 62-310(e), shall be responsible to pay the actual cost of staff and consultant review of the application. Upon application, the applicant shall deposit the amount specified under Subsection (b) of this Section to be held in escrow upon which the Village shall draw to pay for said costs as they are incurred during the course of reviewing the application. Itemized statements reflecting the amounts drawn from the deposit shall be sent to the applicant every 30 days. In the event that the escrow deposit has been drawn down to 25 percent of the required amount, if requested by the Village, the applicant shall replenish the escrow deposit to its original amount within 15 days of the Village's request. If any funds remain in the escrow deposit following final determination of the application, such remaining funds shall be returned to the applicant within 15 days of the determination together with an accounting of the deposits and draws on the escrow.
2. Escrow deposits shall be made in the amounts established by the Village Board from time to time and listed in Appendix A to this Code.

(Ord. No. 2005-14, § 1(13-1-28(a)), 8-22-2005; Ord. No. 2008-03, § 1, 2-25-2008)