The Community Development Director acts as the "Zoning Administrator." Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and the Zoning Map, and amending the text of this Zoning Chapter require review and recommendation by the Plan Commission and ultimate action by the Village Board. A Board of Zoning Appeals is provided to assure proper administration of the Chapter and to avoid arbitrariness.

(Code 1998, § 13-1-220; Ord. No. 2003-03, § 1(13-1-220), 3-24-2003)

Unless specified to the contrary elsewhere in this Code, the Village Board has designated the Community Development Director to serve as the Zoning Administrator and as the administrative enforcement officer for the provisions of this Chapter. The duty of the Zoning Administrator shall be to interpret and administer this Chapter and to issue, after on-site inspection, all permits required by this Chapter other than the issuance of building and occupancy permits. The Zoning Administrator shall further:

1. Maintain records of all permits issued, inspections made, work approved and other official actions.
2. Establish that all necessary permits that are required for floodland uses by state and federal law have been secured.
3. Inspect all structures, lands and waters as often as necessary to assure compliance with this Chapter.
4. Investigate all complains made relating to the location of structures and the use of structures, lands and waters, give notice of all violations of this Chapter to the owner, resident, agent or occupant of the premises and report uncorrected violations to the Village Attorney in a manner specified by the Zoning Administrator.
5. Prohibit the use or erection of any structure, land or water until the Building Inspector has approved such use or erection.
6. Request assistance and cooperation from the Police Department, Fire and Emergency Medical Services Department, Director of Public Works, Village Engineer and Village Attorney as deemed necessary.

(Code 1998, § 13-1-221; Ord. No. 2003-03, § 1(13-1-221), 3-24-2003; Ord. No. 2013-14, § 70, 11-11-2013)

1. Plan Commission. The Plan Commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the Village to the Village Board, other public officials and other interested organizations and citizens. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this Chapter, its functions are primarily recommendatory to the Village Board pursuant to guidelines set forth in this Chapter as to various matters and, always, being mindful of the intent and purposes of this Chapter. Recommendations shall be in writing. A recording thereof in the Plan Commission's minutes shall constitute the required written recommendation. The Plan Commission may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing.
2. Village Board. The Village Board, the governing body of the Village, subject to recommendations by the Plan Commission and the holding of public hearings by the Village Board, has authority to make changes and amendments in zoning districts, the Zoning Map and Supplementary Floodland Zoning Map and to amend the text of this Chapter. The Village Board may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this Chapter.
3. Board of Zoning Appeals. A Board of Zoning Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this Chapter. See Division 62-II-5 of this Article for additional provisions.

(Code 1998, § 13-1-222; Ord. No. 2003-03, § 1(13-1-222), 3-24-2003)

1. Required. 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 an occupancy permit. No zoning permit shall be required for alterations that do not involve any change of use or change in the exterior that does not affect gross floor area or extensions into any side yard, front yard or rear yard setbacks. Such permit may be consolidated with a building permit.
2. Application. Applications for an occupancy permit shall be made to the Building Inspector and shall include the following where pertinent and necessary for proper review:
   1. Names and addresses of the applicant, owner of the site, architect, professional engineer and contractor.
   2. Description of the subject site by lot, block and recorded Subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
   3. Plat of survey prepared by a land surveyor registered in the state or other map drawn to scale and showing such of the following as may be required by the Building Inspector: The location, boundaries, dimensions, uses, and size of the following:
      1. Subject site;
      2. Existing and proposed structures;
      3. Existing and proposed easements, streets and other public ways;
      4. Public utilities;
      5. Off-street parking, loading areas and driveways;
      6. Existing highway access restrictions;
      7. High water;
      8. Channel, floodway and floodplain boundaries; and
      9. Existing and proposed street, side and rear yards.
   4. Additional information as may be required by the Building Inspector, or the Plan Commission and Village Board (if involved).
   5. The occupancy permit shall be assessed the fees established by the Village Board from time to time and provided in Appendix A to this Code.
3. Action.
   1. An occupancy permit shall be granted or denied in writing by the Building Inspector within 30 days of application and the applicant shall post such permit in a conspicuous place at the site.
   2. The permit shall expire within six months unless substantial work has commenced or within 18 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, in which case of expiration, the application shall reapply for an occupancy permit before commencing work on the structure.
   3. Any permit issued in conflict with the provisions of this Chapter shall be null and void.

(Code 1998, § 13-1-223; Ord. No. 2003-03, § 1(13-1-223), 3-24-2003)

1. Purpose. Site/design review is implemented under municipal authority to promote the public health, safety and welfare and under municipal zoning authority by the Plan Commission. Requirements for design review and approval apply to uses and developments regardless of the characterization of the use or development within this Chapter as a permitted use or conditional use.
2. Scope of site/design review.
   1. Applicability. The following developments shall be subject to site/design review by the Plan Commission:
      1. Development of residential projects consisting of three or more dwelling units.
      2. Any development in a Commercial District.
      3. Any development in an Industrial District.
      4. Any development for which the applicant is a public utility or governmental entity or religious organization.
      5. Any parking area including five or more parking spaces.
   2. Limit. Site/design review shall be limited to development for which current application is made for an erosion control or building permit. This Section shall not be deemed to apply to any existing development or use of land that is not affected by current application for erosion control or building permit, nor shall this Section apply to any rehabilitation of an existing structure so long as the size of the rehabilitated structure is not increased.
   3. Development. Any new construction or exterior improvement to real property for which application for a building permit may be required by this Code.
   4. Village planning consultant. Any Village planning consultant appointed by the Village Board.
3. Development to comply with site/design standards. No development subject to site/design review shall occur unless such development complies with all applicable site/design review standards.
4. Manner of site/design review.
   1. Upon application for a building permit, the applicant shall be advised by the Zoning Administrator whether compliance with site/design review standards is required by this Section. If such compliance shall be required, the applicant shall be provided with a checklist and a site/design review application, which shall be in such form as the Zoning Administrator shall approve, and which shall be accompanied by such information as may be necessary to determine and provide for enforcement of this Section.
   2. The site/design review application shall be reviewed by the Zoning Administrator, who may consult with a planning consultant, if necessary.
   3. When the Zoning Administrator deems the application to be complete, review by the Plan Commission shall be scheduled.
   4. The Plan Commission's determination of compliance or noncompliance with this Section shall be issued by the Zoning Administrator, in writing, within ten business days of the determination and sent to the applicant via U.S. Mail. The written determination shall specifically describe all areas of noncompliance and shall identify changes necessary to bring the proposed development into compliance.
   5. No building permit shall be issued for any development until the Plan Commission has determined that the development is in compliance with site/design review standards. All construction and improvement subject to site/design review shall conform with approved site/design plans.
   6. The determinations of the Plan Commission on site/design plan applications shall be appealable to the Village Board pursuant to the procedures set forth in Section 62-113.
5. Site/design standards. In reviewing plans for development the Plan Commission shall determine that the following standards are met:
   1. Grading. Grading shall insure a positive drainage consistent with established water runoff patterns in the area. All grading shall allow for the installation and maintenance of appropriate landscape materials. Respect for the natural topography in site development will be recommended as a means of capitalizing on the sloping terrain, and earth berms are required to screen out unpleasant views and accentuate pleasant views.
   2. Landscaping. Landscaping shall be required to be installed in accordance with an approved landscaping plan as a component of site and design review. The requirements for landscaping plans are set forth in Appendix B to this Chapter Code, Village of McFarland Landscaping Standards. All references to the Village Forester shall have the same meaning as referenced in Section 59-20(d).
   3. Building relationships.
      1. The structures shall be related to the site to enhance or maintain current contours. New development shall consider activities on adjacent properties with relation to access from abutting streets, parking areas, service areas, building setbacks, height of structures, and color and materials of adjacent or nearby buildings.
      2. In the development of the site, the existing quality vegetation should ordinarily be maintained in accordance with Section 59-29.
   4. Lighting. The functions of exterior lighting on private property shall be:
      1. To illuminate building facades, especially those bearing business identification signs. Architectural lighting should be free from glare and of a type to complement the existing development in the district.
      2. To illuminate pedestrian walks and spaces. Security lighting should provide necessary levels of illumination to insure safety of the property and its residents, while not reflecting direct rays of light into adjacent property.
      3. To illuminate parking and service areas. Off-street parking area lighting should be so arranged as to conform with applicable provisions of Section 62-172. (The choice of equipment, design, quantity, and placement of on-site lighting shall relate to these functions. Lighting shall be adequate but not excessive. The height and number of lighting standards shall be appropriate to the building and its function and to the neighborhood.)
   5. Utility service. It shall be a goal of the Village to eliminate overhead wiring within the Village. To this end, owners of property within the Village, working with the utilities servicing the Village shall, in all new development and major additions, make provision for underground service. This shall be accomplished during building development and construction. Sanitary sewer and water utility services shall comply with Village Standard Specifications.
   6. Building design. Buildings shall meet the following requirements:
      1. Materials shall be of a durable, low-maintenance type. The colors shall be harmonious with other buildings in the neighborhood.
      2. Mechanical elements on the roof or ground shall be screened from the view of adjacent properties and roadways.
      3. Buildings shall be designed with an architectural flavor that will complement and enrich the character of the Village.
      4. The overall design of the building shall be of high quality, considering the importance of the particular zoning district.
      5. With the exception of the M-IC Zoning District, the front, sides, and rear of all commercial and industrial buildings shall be entirely faced with nonmetallic or wood material. In the M-IC District, a minimum of 15 vertical feet of the front of all buildings shall be faced with nonmetallic or wood material extending across the full front of the building, and also extending a distance of not less than 20 feet on each side of the building. The portion of any building facing or backing onto public streets, or abutting a Residential Zoning District, shall be held to the same requirements as that of the front. These requirements may be waived in whole or in part by the Plan Commission.
      6. An addition shall relate to the existing building in terms of scale, materials and color.
      7. Structures should be designed to be compatible with the structures that are adjacent to them.
      8. Unbroken exterior facades exceeding 70 feet in length shall be avoided.
      9. All building elevations are of importance and should be carefully designed. Building should avoid blank facades.
6. Recommendation of Village Plan Commission. The Village Plan Commission may, during the site/design review process, suggest features of site/design, and construction, building and structural design, that are not a part of site/design standards but that, in the opinion of the Village Plan Commission, would be desirable to make the development a positive asset to the visual appearance of the community and a positive contribution to the growth and stability of the community tax base. Compliance with such recommendations shall not be required of the developer.
7. Validity of site/design approval. Where the Plan Commission has approved or conditionally approved an application for site/design approval, such approval shall become null and void within 12 months of the date of the Plan Commission's action unless construction is commenced or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is diligently pursued. No sooner than 60 days nor less than 45 days prior to the automatic revocation of such site/design approval, the Zoning Administrator shall notify the property owner by certified mail of such revocation. Extensions of up to one year each may be granted by the Plan Commission for just cause, if application is made to the Village at least 30 days before the expiration of said permit.
8. Fees. The fee for review of a site/design review application shall be the fee established by the Village Board from time to time and provided in Appendix A to this Code, to be paid at the time of submission of the application.
9. Penalties. Violations of this Section shall be subject to Section 62-311, except that each day a violation continues shall not be deemed a separate violation until the 30 day notice period expires. Nothing herein shall preclude the Village from maintaining a separate action to prevent or abate or remove violations.

(Ord. No. 2011-06, § 1, 5-23-2011)

Editor's note(s)—Section 1 of Ord. No. 2011-06, adopted May 23, 2011, repealed the former § 62-310, and enacted a new § 62-310 as set out herein. The former § 62-310 pertained to similar subject matter, and derived from the Code of 1998, § 13-1-224; Ord. No. 2003-03, § 1(13-1-224), adopted March 24, 2003; Ord. No. 2006-11, § 1, adopted June 26, 2006; and Ord. No. 2008-03, § 2, adopted Feb. 25, 2008.

1. Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this Chapter. In case of any violation, the Village Board, the Zoning Administrator, the Building Inspector, the Plan Commission or any property owner who would be specifically damaged by such violation may cause appropriate action or proceedings to be instituted to enjoin a violation of this Chapter or cause a structure to be vacated or removed.
2. Remedial action. Whenever an order of the Zoning Administrator or Building Inspector has not been complied with within 30 days after written notice has been mailed to the owner, resident agent or occupant of the premises, the Village Board, the Zoning Administrator, the Building Inspector, or the Village Attorney may institute appropriate legal action or proceedings.
3. Penalties. Any person, firm or corporation who fails to comply with the provisions of this Chapter or any order of the Zoning Administrator or Building Inspector issued in accordance with this Chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Section 1-16. Each violation and each day a violation continues or occurs shall constitute a separate offense. The Village shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution provided for in Section 1-16.

(Code 1998, § 13-1-225; Ord. No. 2003-03, § 1(13-1-225), 3-24-2003)

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Village Board may, by ordinance, change the district boundaries established by this Chapter and the Zoning Map incorporated herein and/or the Supplementary Floodland Zoning Map incorporated herein, or amend, change or supplement the text of the regulations established by this Chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Plan Commission.

(Code 1998, § 13-1-240; Ord. No. 2003-03, § 1(13-1-240), 3-24-2003)

The Village Board, the Plan Commission, the Board of Zoning Appeals and other government bodies and any private petitioners may apply for an amendment to the text of this Chapter to the district boundaries hereby established or by amendments hereto in the accompanying Zoning Map made a part of this Chapter and/or the Supplementary Floodland Zoning Map to be made a part of this Chapter by reference.

(Code 1998, § 13-1-241; Ord. No. 2003-03, § 1(13-1-241), 3-24-2003)

1. Request for changes. Petitions for any change to the district boundaries and maps or amendments to the text regulations shall be addressed to the Village Board and shall be filed with the Zoning Administrator, describe the premises to be rezoned or the portions of text of regulations to be amended, list the reasons justifying the petition, specify the proposed use, if applicable, and have attached the following, if petition be for change of district boundaries:
   1. Plot plan, drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.
   2. Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.
   3. Together with additional information as may be required by the Plan Commission or Village Board.
2. Plan Commission review and recommendations.
   1. The Zoning Administrator shall cause the petition to be forwarded to the Plan Commission for its consideration and recommendation. Following receipt of the petition, the Plan Commission shall hold a public hearing upon each proposed change or amendment, giving notice of the time, place and the change or amendment proposed by publication of a class 2 notice, pursuant to Wis. Stats. Ch. 985. At least ten days prior, written notice shall also be given to the clerk of any municipality within 1,000 feet of any land that would be affected by the proposed change or amendment. The Plan Commission shall also notify the owners of all properties lying within 100 feet of the land proposed to be rezoned. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
   2. Following such hearing, the Plan Commission shall review all proposed amendments to the text and Zoning Map within the corporate limits of the Village, and shall recommend, in writing, that the petition be granted as requested, modified or denied. A recording of the recommendation in the Plan Commission's official minutes shall constitute the required written recommendation.
3. Village Board action.
   1. Following receipt and consideration of the Plan Commission's recommendation, the Village Board shall take action on the proposed ordinance implementing the proposed change or amendment. Approval of the proposed ordinance requires a simple majority of a quorum of the Village Board, except the Village Board may not enact a down zoning ordinance unless at least two-thirds of the members-elect approve the ordinance. If the down zoning ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, the ordinance may be enacted by a simple majority of the members-elect.
   2. The Village Board shall hold an additional public hearing, preceded by the same notice required for the Plan Commission public hearing, upon the written request of the petitioner or any of the parties identified in Section 62-342. In addition, the Village Board may, on its own volition, conduct its own public hearing on the proposed amendment.
4. Fee. The application fee for processing a petition for a zoning change or amendment shall be the fee established by the Village Board from time to time and provided in Appendix A to this Code. The applicant shall also pay all costs incurred by the Village in notifying the public and affected property owners pursuant to Subsections (b) and (c) of this Section.

(Code 1998, § 13-1-242; Ord. No. 2003-03, § 1(13-1-242), 3-24-2003)

1. Scope of appeals. Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Village affected by any decision of the administrative officer. Such appeal shall be taken within the reasonable 30 days of the alleged grievance or judgment in question by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof, together with payment of the filing fee established by the Village Board from time to time and provided in Appendix A to this Code, as may be established by the Village Board. The officer from whom the appeal is taken shall forthwith transmit to the Board of Zoning Appeals all papers constituting the record of appeals upon which the action appeals from was taken.
2. Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Board of Zoning Appeals that, by reason of facts stated in the certificate, a stay would, in the officer's opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
3. Meetings.
   1. Open to public. All meetings and hearings of the Board of Zoning Appeals shall be open to the public, except that the Board of Zoning Appeals may go into executive session to deliberate after a hearing or an appeal. The final vote on an appeal shall be taken in open session by roll call vote, recorded and open for public inspection in the Board of Zoning Appeal's office. Public notice of all regular and special meetings shall be given to the public and news media as required by the Wisconsin Open Meeting Law.
   2. Special meetings. Special meetings may be called by the chair or by the Clerk of the Board of Zoning Appeals at the request of two members. Notice of a special meeting shall be mailed to each member at least 48 hours prior to the time set for the meeting, or announcement of the meeting shall be made at any meeting at which all members are present.
   3. Hearings. Hearings may be held at any regular or special meeting at the time set by the chair.
   4. Quorum. A quorum for any meeting or hearing shall consist of three members, but a lesser number may meet and adjourn to a specified time.
4. Powers of Board of Zoning Appeals. In addition to these powers enumerated elsewhere in this Code, the Board of Zoning Appeals shall have the following powers:
   1. Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator, Building Inspector or other administrative official in the enforcement of the Zoning Code or any ordinance adopted under Wis. Stats. §§ 61.351 or 62.231 (wetlands), Wis. Stats. Ch. 87 (floodplains), Wis. Stats. Ch. 91 (farmland preservation), or Wis. Stats. Ch. 236 (subdivisions).
   2. Variances. To hear and rule on appeals for variances as will not be contrary to the public interest where, owing to practical difficulty or unnecessary hardship, so that the spirit and purposes of this Chapter shall be observed and the public safety, welfare and justice secured.
   3. Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the Plan Commission has made a review and recommendation.
   4. Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made and the Plan Commission has made a review and recommendation. Whenever the Board of Zoning Appeals permits such a substitution, the use may not thereafter be changed without application.
   5. Unclassified uses. To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district and the Plan Commission has made a review and recommendation.
   6. Temporary uses. To hear and grant applications for temporary uses, in any district, provided that such uses are of a temporary nature, we 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.
5. Board of Zoning Appeals action. In exercising the powers under Subsection (d) of this Section, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit.
6. Voting.
   1. Personal interest. No Board of Zoning Appeals member shall participate in the decision of or vote upon any case in which the member is financially interested, directly or indirectly, but the chair shall direct an alternate member to act instead. Disqualification of a member for interest shall not decrease the number of votes required for acting upon any matter, but such member may be counted in determining whether a quorum is present for the transaction of business.
   2. Record of vote. The Clerk of the Board of Zoning Appeals shall record the vote of each member on every question in the minutes or, if the member is absent or fails to vote, shall indicate such fact in the record of the proceedings.

(Code 1998, § 13-1-260; Ord. No. 2003-03, § 1(13-1-260), 3-24-2003)

State law reference(s)—Board of appeals, Wis. Stats. § 62.23(7)(e).

1. Time of appeal. Appeals shall be filed within 30 days after the receipt of the written decision or order from which the appeal is taken by filing in duplicate a notice of appeal with the Village Clerk. The date of receipt of the decision shall not be counted in determining the time for filing of the appeal. Sundays and holidays shall be counted, except if the last day falls on a Saturday, Sunday or legal holiday, the time for filing shall be extended to the next secular day.
2. Who may appeal. Appeals or applications to the Board of Zoning Appeals may be made by:
   1. The owner, mortgagee, purchaser under a land contract, optionee or occupant under a written lease for one year or more of the property for which relief is sought.
   2. Any officer (other than the Zoning Administrator), department, board or bureau affected by a decision or order of the Zoning Administrator.
   3. Any person aggrieved and whose use and enjoyment of property within the Village is directly and adversely affected by a decision or order of the Building Inspector, Zoning Administrator or the requested Board of Zoning Appeals action.
3. Appeal and application forms. Every appeal or application shall be made upon forms furnished by the Village Clerkwhich have been approved by the Board of Zoning Appeals. A scale drawing shall accompany each form showing the location and size of the property, existing improvements, all abutting properties and improvements thereon and change or addition requested. The applicant or appellant shall provide all information requested on the form and any additional information requested in writing by the chair or Clerk of the Board of Zoning Appeals, which is necessary to inform the Board of Zoning Appeals of the facts of the appeal. Failure to supply such information shall be grounds for dismissal of the appeal or application.
4. Filing appeal or application. The appellant or applicant shall file the required appeal form in duplicate with the Village Clerk. The Village Clerk shall deliver one copy to the Zoning Administrator or other officer or body from whose decision an appeal is taken. Upon receipt of an appeal, the Zoning Administrator or other officer or body responsible for the original determination shall transmit to the Clerk of the Board of Zoning Appeals all notes or papers relating to the order or decision from which the appeal is being taken.
5. Fee. All appeals and applications filed with the Village Clerk shall be accompanied by payment of a required fee as established by the Village Board from time to time and provided in Appendix A to this Code. If the appellant or applicant elects the contested case method, the appellant or applicant shall also pay the amount determined by the Board of Zoning Appeals to cover the additional administrative costs involved.
6. Insufficient notice. No appeal or application shall be considered by the Board of Zoning Appeals unless it is made on the required form. Upon receipt of any communication purporting to be an appeal or application, the Village Clerk shall supply the applicant with the proper forms which must be filed within ten days, in addition to the 30 days specified in Subsection (a) of this Section, in order to be considered by the Board of Zoning Appeals.

(Code 1998, § 13-1-261; Ord. No. 2003-03, § 1(13-1-261), 3-24-2003; Ord. No. 2006-04, § 2, 2-13-2006; Ord. No. 2006-08, §§ 1, 2, 4-24-2006)

State law reference(s)—Board of appeals, Wis. Stats. § 62.23(7)(e).

1. Notice of hearing. Notice of time, date and place of the hearing of an appeal or application shall be given in the following manner:
   1. By certified mail or personal service to the appellant or applicant and to the Zoning Administrator or other administrative official or body from whose decision an appeal is taken and the Village Clerk on behalf of the Plan Commission not less than ten days prior to the date of the hearing.
   2. In every case involving a variance, conditional use, exception, planned unit development or public utility exception, the Village Clerk shall mail notice to the owners of record of all land within the area included in the application and within 100 feet of any part of the building or premises affected not less than ten days prior to the hearing. Names and last-known addresses of such owners shall be furnished by the applicant at the time of filing the appeal or application.
   3. By publication of a class 2 notice under Wis. Stats. Ch. 985.
   4. Notice of an application for construction of a building in the bed of a future street, highway or parkway shall be published in the official newspaper not less than 15 days prior to the hearing.
   5. Notice of an application for a proposed special exception in a Shoreland-Wetland District shall be mailed to the district office of the Wisconsin Department of Natural Resources at least ten days prior to the hearing.
2. Time of hearing, docketing. Each appeal or application properly filed shall be numbered serially, docketed in a special book provided therefor and placed upon the calendar by the Clerk of the Board of Zoning Appeals. Cases docketed more than 15 days preceding a regular meeting shall be set for hearing at such meeting. Cases docketed seven days or less prior to a regular meeting shall be scheduled by the Clerk of the Board of Zoning Appeals, or designee, for a hearing on the second regular meeting day thereafter unless otherwise directed by the chair.
3. Appearances. The appellant or applicant may appear in person or by agent or attorney. In the absence of an appearance for or against an appeal or application, the Board of Zoning Appeals may dismiss the appeal or application or may dispose of the matter on the record before it.
4. Oath. Unless waived by the appellant or applicant and the chair, or as otherwise specifically provided in this Section, all witnesses shall be sworn before testifying by the chair or presiding officer.
5. Compelling attendance of witnesses. The chair, or, in the absence of the chair, the presiding officer, may compel the attendance of witnesses by subpoena. Written request for subpoenas shall be filed with the Clerk of the Board of Zoning Appeals not less than two days prior to the hearing except by special permission of the chair.
6. Order of hearing. Appeals and applications shall be heard in numerical order except for good cause shown.
7. Hearing procedure. All hearings shall be conducted in accordance with the following procedure unless otherwise stipulated by the parties and approved by the chair:
   1. The chair shall call each hearing to order.
   2. Opening statements may be delivered by the appellant or applicant followed by any opening statement from the Zoning Administrator or Village representative.
   3. The appellant or applicant shall first present its case followed by the Zoning Administrator or Village representative. Each witness shall be subject to cross-examination followed by the opportunity for re-direct testimony. Members of the Board of Zoning Appeals shall also be permitted to examine witnesses the timing of which shall be subject to the discretion of the chair.
   4. Rebuttal testimony shall be allowed subject to the scope of the matters raised by adverse parties.
   5. Evidence from any other aggrieved or interested parties, if any, shall be presented after the Zoning Administrator or Village representative's case in chief.
   6. The Board of Zoning Appeals may accept opinion testimony and written testimony from interested parties, which shall not be subject to cross-examination, however, any party may introduce any rebuttal testimony addressing any factual issues raised.
   7. Closing statements shall be heard after all evidence is taken.
   8. The Board of Zoning Appeals shall deliberate and decide the matter in accordance with Section 62-365.
8. Evidence. The Board of Zoning Appeals shall not be bound by common-law or statutory rules of evidence except for rules of privilege. The Board of Zoning Appeals shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony. Basic principles of relevancy, materiality and probative force shall govern the proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

(Code 1998, § 13-1-262; Ord. No. 2003-03, § 1(13-1-262), 3-24-2003; Ord. No. 2006-08, § 3, 4-24-2006; Ord. No. 2006-08, §§ 4, 5, 4-24-2006)

State law reference(s)—Board of appeals, Wis. Stats. § 62.23(7)(e).

1. Time of decision. The Board of Zoning Appeals shall render its decision either at the termination of the hearing or within 30 days thereafter and shall notify the parties in interest and the Zoning Administrator in writing of its decision.
2. Form of decision. The final disposition of an appeal or application shall be in the form of a written decision or order signed by the chair and Clerk of the Board of Zoning Appeals. Such decision shall state the reasons for the Board of Zoning Appeals' determination with findings of fact and conclusions of law and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal or grant or deny the special exception, conditional use of variance. Copies of the decision shall be sent to the applicant, Village Clerk, on behalf of the Plan Commission and any Village committee involved.
3. Vote required. All orders or decisions of the Board of Zoning Appeals granting a variance, exception or conditional use or reversing any action or order of the administrator shall be made by a majority of the members present if a quorum exists.
4. Conditions. Variances or conditions imposed in any permit shall be stated in the decision or order embodying the Board of Zoning Appeals' decision and shall also be set forth in the building, conditional use or occupancy permit issued under that order by the Building Inspector. A permit shall be valid only as long as the conditions upon which it is granted are observed. Whenever the Board of Zoning Appeals grants an application or appeal affecting the use of any premises, shall authorization shall be deemed revoked unless the owner, occupant or agent shall, upon request, file with the Board of Zoning Appeals Secretary a written report certifying that all conditions or limitations imposed by the Board of Zoning Appeals have been conformed to and maintained. Variances, substitutions or conditional use permits approved by the Board of Zoning Appeals shall expire six months after issuance if the performance of work is required and substantial work has not commenced.
5. Filing of decision. Every order of decision of the Board of Zoning Appeals shall be immediately filed with the Clerk of the Board of Zoning Appeals who shall thereupon forward the decision to the Village Clerk and mail a copy to the applicant or appellant by certified mail. Copies of decisions granting conditional uses or variances in a Floodplain, Shoreland or Wetland district shall be mailed to the district office of the Wisconsin Department of Natural Resources.
6. Reconsideration.
   1. Resubmission. No appeal or application which has been dismissed or denied shall be considered again without material alteration or revision with one year of the Board of Zoning Appeals' decision, except pursuant to court order or by motion to reconsider made by a member voting with the majority or as provided in Subsection (f)(2) of this Section.
   2. Rehearing. No rehearing shall be held except upon the affirmative vote for four or more members of the Board of Zoning Appeals upon finding that substantial, new evidence is submitted, which could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing, shall state the reasons for the request and shall be accompanied by necessary data and diagrams. Rehearings shall be subject to the same notice requirements as original hearings.

(Code 1998, § 13-1-263; Ord. No. 2003-03, § 1(13-1-263), 3-24-2003; Ord. No. 2006-08, § 6, 4-24-2006)

State law reference(s)—Board of appeals, Wis. Stats. § 62.23(7)(e).

1. Purpose.
   1. A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this Zoning Code would cause the aggrieved party undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.
   2. Persons requesting a variance shall submit such request to the Board of Zoning Appeals, who shall make a determination on the request following notice and hearing.
   3. The Board of Zoning Appeals may authorize upon appeal, in specific cases, such variance from the terms of the Zoning Code as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Zoning Code will result in unnecessary hardship and so that the spirit of the Zoning Code shall be observed and substantial justice done. No variance shall have the effect of allowing in any district, permit a lower degree of flood protection that the flood protection elevation for the particular area or permit standards lower than those required by state law.
2. Application for variances. The application for a variance shall be filed pursuant to Section 62-363.
3. Public hearing of application. The public hearing for a variance shall be conducted pursuant to Section 62-364.
4. Prohibited variances. The Board of Zoning Appeals shall not grant use variances in Floodplain or Wetland and Conservancy Districts. In all other districts, no use variance shall be granted unless the applicant has first petitioned for a zoning amendment or a conditional use permit, if applicable, and upon a showing that no lawful and feasible use of the subject property can be made in the absence of such variance. Any use variance granted shall be limited to the specific use described in the Board of Zoning Appeals' decision and shall not permit variances in yard, area or other requirements of the district in which located.
5. Standards for granting variances.
   1. Unnecessary hardship. Variances shall be granted only where the applicant demonstrates the existence of an unnecessary hardship. An unnecessary hardship exists where compliance with the strict letter of the restrictions governing the property would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. When considering any variance, the Board of Zoning Appeals shall determine whether the particular restriction in question is unnecessarily burdensome in light of the underlying purpose of that restriction. The purpose of the regulation shall be the primary concern, not the burden upon the property owner. Variances may not be granted where they are contrary to the public interest or where granting the variance would violate the spirit of the regulation. A use variance may not be granted unless it is proved that there can be no reasonable use of the property absent a variance. The Board of Zoning Appeals shall consider the following factors to determine whether an unnecessary hardship exists to justify issuance of an area variance:
      1. The purpose of the zoning restriction in question;
      2. The effect of the restriction on the property; and
      3. The effect of a variance on the neighborhood and the larger public interest.
   2. Hardship may not be self-imposed. Variances may not be granted to remedy self-imposed hardships.
   3. Hardships must be unique to the property. Where the same hardship is imposed upon other properties in the zoning district, a variance shall not be granted.

(Code 1998, § 13-1-264; Ord. No. 2003-03, § 1(13-1-264), 3-24-2003; Ord. No. 2006-08, § 7, 4-24-2006)

Any person aggrieved by any decision of the Board of Zoning Appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the offices of the Board of Zoning Appeals.

(Code 1998, § 13-1-265; Ord. No. 2003-03, § 1(13-1-265), 3-24-2003)

The protection, enhancement, perpetuation and use of improvements of special character or special historic interest or value is a public necessity and is required in the interest of health, prosperity, safety and welfare of the people. This Division is intended to:

1. Effect and accomplish the protection, enhancement, and perpetuation of such improvements, sites and districts that represent or reflect elements of the Village's cultural, social, economic, political, engineering and architectural history.
2. Safeguard the Village's historic and cultural heritage, as embodied and reflected in such historic structures, sites and districts.
3. Stabilize and improve property values.
4. Foster civic pride in the beauty and noble accomplishments of the past.
5. Protect and enhance the Village's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.
6. Support the business, economy and industry of the Village.
7. Promote the use of historic structures, sites and districts for the education, aesthetic pleasure and welfare of the people of the Village.

(Code 1998, § 13-1-280; Ord. No. 2003-03, § 1(13-1-280), 3-24-2003)

1. For the purpose of this Division, a historic structure or historic site designation may be placed on any site, natural or improved, including any improvement located thereon, or any area of particular historic, architectural or cultural significance to the Village, such as historic structures or sites that:
   1. Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community;
   2. Are identified with historic persons or with important events in national, state or local history;
   3. Embody the distinguishing characteristics of an architectural type specimen, inherently valuable for a study of a period, style, construction method, or of indigenous materials or craftsmanship; or
   4. Are representative of the notable work of a master builder, designer or architect.
2. The Landmarks Commission may adopt specific written operating guidelines for designation of historic structures, historic sites and historic districts providing such conform with the provisions of this Article.

(Code 1998, § 13-1-281; Ord. No. 2003-03, § 1(13-1-281), 3-24-2003)

1. Any person filing an application for a building permit involving the exterior of a designated historic structure, or structure within a Historic District shall also file such application with the Landmarks Commission.
2. No person in charge of a historic structure, historic site or structure within a Historic District shall reconstruct or alter any part of the exterior of such structure or construct any improvement upon such designated historic site or improvement parcel within an Historic District or cause or permit any such work to be performed upon such property unless a certificate of appropriateness has been granted by the Landmarks Commission. Unless such certificate has been granted by the Landmarks Commission, the Building Inspector shall not issue a permit for such work.
3. Upon receiving an application, the Landmarks Commission shall determine whether or not:
   1. The proposed work would destroy, detrimentally change or adversely affect any existing exterior architectural feature of the improvement upon which said work is to be done; and
   2. The exterior of any proposed new improvement would fail to harmonize with the external appearance of other neighboring improvements on such site; or
   3. As to any property in a designated Historic District, construction, reconstruction or exterior alteration fails to conform to the objectives and design criteria of the historic preservation plan for said district as duly adopted by the Village Board.
4. Granting of certificate. If the Landmarks Commission decides the above questions applicable in the negative, it shall grant the certificate of appropriateness. Upon the issuance of such certificate, the Building Inspector shall issue the building permit. The Landmarks Commission shall make this decision within 45 days of the filing of the application. Should the Landmarks Commission deny the application, the applicant may appeal such decision to the Village Board, which may grant said certificate by a majority vote of the membership, upon a clear showing of economic hardship by the applicant. In addition, if the Landmarks Commission fails to approve an application, the Landmarks Commission shall, at the applicant's request, cooperate and work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this Article.

Editor's note(s)—Ord. No. 2022-03, § 1, adopted March 28, 2022, repealed the former § 62-395 and enacted a new § 62-395 as set out herein. The former § 62-395 pertained to Landmarks Commission powers and duties and derived from Code 1998, § 13-1-282; Ord. No. 2003-03, § 1(13-1-282), adopted March 24, 2003; and Ord. No. 2018-15, § 1, adopted Nov. 26, 2018.

1. Height. All additions shall be no higher than the existing structure.
2. Second exit platforms. Second exit platforms shall not be added to the front or sides of a structure unless not visible from the street.
3. Solar collectors. Passive and active solar collectors will be allowed only if they do not detract from the architectural integrity of the structure and are as unobtrusive as possible. Solar collectors will not be permitted if they hide from street view significant architectural features of the building or neighboring buildings, if their installation requires the loss of significant architectural features, or if they are of such a large scale that they become a major feature of the design.
4. Repairs. Repairs in materials that exactly duplicate the original in composition, texture and appearance are encouraged. Repairs in new materials that duplicate the original in texture and appearance are also permitted. Repairs in materials that do not duplicate the original in appearance will be permitted on an individual basis if the repairs are compatible with the character and materials of the existing building and if repairs that duplicate the original in appearance are prohibitively expensive.
5. Restoration. Projects that will return the appearance are encouraged and will be permitted if such projects are documented by photographs, architectural or archeological research, or other suitable evidence.
6. Aluminum or vinyl siding.
   1. Residing with aluminum or vinyl that replaces clapboards or nonoriginal siding on buildings originally sided with clapboards will be permitted only if the new siding imitates the width of the original siding within one inch, and provided that all architectural details (such as window trim, wood cornices, and ornament) either remain uncovered or are duplicated exactly in appearance.
   2. Siding that imitates wood graining will not be permitted.
   3. If the alteration adds additional layers of siding or insulation on the building, the new siding may be applied over it if the trim is also built up to project from the siding as in the original.
7. Storm windows, screens and storm doors. The repair and retention of original storm windows, screens and storm doors, or their replacement with new units that duplicate the original in materials and appearance, is encouraged. Replacements with nonoriginal materials, such as combination metal components, may also be permitted. If metal components are used, owners are encouraged to use metal components which have been factory-enameled. Painting of raw aluminum storm windows after a year of weathering of the finish is encouraged. Storm doors that imitate a specific style shall be permitted only if the style matches the style of the house.
8. Additions and alterations to street facades. The appearance of all street facades of a structure shall not be altered unless the design is sensitive to the historic character of the building. Specifically, the design shall be compatible with the existing building scale, color, texture and the proportion of solids to voids. Materials and architectural details used in such alterations and additions shall match those on the existing building.
9. Additions and alterations not visible from the street. Additions and alterations not visible from streets contiguous to the lot lines are permitted if their design is compatible with the scale of the existing building and the materials used are compatible with the existing materials in texture, color and architectural details. Alterations shall harmonize with the architectural design of the building, rather than contrast with it.
10. Side alterations. Side additions shall be set back from the front wall of the structure.
11. Roof alteration.
    1. Roof alterations, creating increased building volume, additional windows, headroom or area are not permitted unless approved as a variance by the Plan Commission. In addition, the roof shape of the front of the building shall remain the same unless the owner wishes to restore an earlier, documentable appearance.
    2. If the existing roofing material is the same as the original, changes in the appearance of roofing materials (excluding color) are prohibited except when the repair of the existing roof is unfeasible and the cost of replacing it in kind is prohibitive. The new roof shall match the original in appearance (excluding color), as closely as is economically feasible.
    3. If the existing roofing material is not original to the house, the new roofing materials shall harmonize in color with the house. Thick wood shakes, rolled roofing and hexagonal shingles are prohibited. Restoration to a documentable earlier appearance is encouraged.

(Code 1998, § 13-1-283; Ord. No. 2003-03, § 1(13-1-283), 3-24-2003)

1. Procedures. No permit to demolish all or part of an historic structure, or improvement in an Historic District, shall be granted by the Building Inspector except as follows:
   1. No person in charge of an historic structure or improvement in an Historic District shall be granted a permit to demolish such property under any circumstances without first receiving the written approval of the Landmarks Commission.
   2. When a person applies for a permit to demolish such property, such application shall be filed with the Landmarks Commission. Upon such application, the Landmarks Commission may refuse to grant such written approval for up to ten months from the date of such application, during which time the Landmarks Commission and the application shall undertake serious, continuing discussion to try to find a method to save such property. During such period, the applicant and the Landmarks Commission shall cooperate to try to avoid demolition of the property. At the end of the ten months, if no mutually agreeable method of saving the property bearing a reasonable prospect of eventual success is underway, or if no formal application for funds from any governmental unit or nonprofit organization to preserve the property bearing a reasonable prospect of eventual success is underway, or if no formal application for funds from any governmental unit or nonprofit organization to preserve the property is pending, the Building Inspector may issue the permit to demolish the property without the approval of the Landmarks Commission. If a mutually agreeable method for saving the subject property is pending at the end of such ten-month period, the Building Inspector shall delay the issuance of the permit to demolish the subject property for up to two months more. If the plan to save the property is not consummated by the end of the additional two months, the Building Inspector may issue the demolition permit without the approval of the Landmarks Commission.
2. Standard for review of demolition applications. In determining whether to issue a certificate of appropriateness for any demolition, the Landmarks Commission shall consider all of the following standards:
   1. Whether the structure is of such architectural or historic significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the Village and the State;
   2. Whether the structure, although not itself a designated historic structure, contributes to the distinctive architectural or historic character of an Historic District as a whole and should be preserved for the benefit of the people of the Village and the State;
   3. Whether the demolition of the structure would be contrary to the purpose and intent of this Section and to the objectives of the historic preservation plan for an Historic District as duly adopted by the Village Board;
   4. Whether the structure is of such old and unusual or uncommon design, texture and/or material that it could not be reproduced or be reproduced only with great difficulty and/or expense;
   5. Whether retention of the structure would promote the general welfare of the people of the Village and the state by encouraging understanding of American culture and heritage;
   6. Whether the structure is in such a deteriorated condition that it is not structurally or economically feasible to preserve or restore it, provided that any hardship or difficulty claimed by the owner, which is self-created or which is the result of any failure to maintain the property in good repair cannot qualify as a basis for the issuance of a certificate of appropriateness;
   7. Whether any new structure proposed to be constructed or change in use proposed to be made is compatible with the buildings and environment of the district in which the subject property is located.

(Code 1998, § 13-1-284; Ord. No. 2003-03, § 1(13-1-284), 3-24-2003)

A decision by the Landmarks Commission to deny a certificate of appropriateness may be appealed to the Village Board. The appeal shall be initiated by filing a petition, specifying the grounds therefor, with the Village Clerk within ten days of the date the decision of the Landmarks Commission is made. After a public hearing, the Village Board may, by vote of a majority of its members, reverse or modify the decision of the Landmarks Commission if, after balancing the interest of the public in preserving the subject property and the interest of the owner in using it for such owner's own purposes, the Village Board finds that, owing to special conditions pertaining to the specific piece of property, demolition will preclude any and all reasonable use of the property and/or will cause serious hardship for the owner, provided that any self-created hardship shall not be a basis for reversal or modification of the Landmarks Commission's decision.

(Code 1998, § 13-1-285; Ord. No. 2003-03, § 1(13-1-285), 3-24-2003)

After an historic structure or site has been so designated by the Village Board, the Landmarks Commission shall cause to be placed on such property, at Village expense, a suitable plaque declaring that such property is an historic structure or site. Such plaque shall be placed in a location readily visible to pedestrians and shall contain all information deemed appropriate by the Commission.

(Code 1998, § 13-1-286; Ord. No. 2003-03, § 1(13-1-286), 3-24-2003)

Any owner of record of an historic structure or site who wishes to sell said historic structure but is unable to find a buyer willing to preserve the historic structure or site, may petition the Landmarks Commission for a rescission of its designation. Such petition shall contain a verified statement that the owner has made reasonable attempts in good faith to find and attract such a buyer and such other information deemed reasonably necessary by the Landmarks Commission. Following the filing of such petition:

1. The owner and the Landmarks Commission shall work together in good faith to locate a buyer for the subject property who is willing to abide by its designation.
2. If, at the end of a period not exceeding 12 months from the date of such petition, no such buyer can be found and if the owner still desires to obtain such a rescission, the Landmarks Commission may recommend, and the Village Board may approve, the rescission of the designation of the subject property as historic under this Article.
3. In the event of such rescission, the Village Clerk shall notify the Building Inspector and the Village Assessor of the same, and shall cause the rescission to be recorded at Village expense in the Dane County Register of Deeds.

(Code 1998, § 13-1-287; Ord. No. 2003-03, § 1(13-1-287), 3-24-2003)

1. Recommendations; notice; public hearing; independent investigation; designation. The Landmarks Commission may, after notice and public hearing, recommend that the Village Board establish historic structures, sites and historic districts. At least ten days prior to such hearing, the Landmarks Commission shall give written notice to the owners of record, listed in the Village Assessor's records, of the affected property and other property situated within 200 feet of the affected property. The Landmarks Commission shall also give notice of such hearing to the Director of Public Works, Parks and Recreation Committee, Fire and Emergency Medical Services Department, Police Department, Building Inspector and Plan Commission. Each may respond to the proposed designation in writing or by appearance at the hearing. The Landmarks Commission shall then conduct such public hearing and may hear expert witnesses and may subpoena such witnesses and records as it deems necessary. The Landmarks Commission may conduct an independent investigation into the proposed designation. Within ten days after the public hearing, the Landmarks Commission may recommend to the Village Board the designation of the property as an historic structure, an historic site, or recommend to the Village Board the designation of the property as an historic structure, an historic site, or recommend its inclusion in an historic district. The Village Board may hold a separate public hearing on the owner's or its own request before designation. After the designation has occurred, notification shall be sent to the property owner and to the persons who appeared at the public hearing. The Landmarks Commission shall cause the designation to be recorded, at Village expense, in the Dane County Register of Deeds.
2. Voluntary restrictive covenants. The owner of any historic structure or site may, at any time following such designation, enter into restrictive covenants on the subject property after negotiation with the Landmarks Commission. The Landmarks Commission may assist the owner in preparing such covenants in the interest of preserving the historic property. The owner shall record such covenants in the Dane County Register of Deeds, and shall notify the Village Assessor of such covenants and the conditions thereof.
3. Creation of Historic District.
   1. The Landmarks Commission may select geographically defined areas within the Village for designation by the Village Board as Historic Districts and shall prepare a historic preservation and land use plan in ordinance form for each area. An Historic District may be designated for any geographic area of particular historic, architectural or cultural significance to the Village that:
      1. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community;
      2. Is identified with historic persons or with important events in national, state or local history; or
      3. Embodies the distinguishing characteristics of architectural type specimens inherently valuable for study of a period, style, method, or construction, indigenous materials or craftsmanship; or
      4. Is representative of the notable works of master builders, designers, or architects who influenced their age.
   2. Each historic preservation plan prepared for by the Landmarks Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives.
4. Criteria for the review of alterations in Historic Districts.
   1. Height. All additions shall be no higher than the existing structure.
   2. Second exit platforms. Second exit platforms shall not be added to the front or sides of a structure unless not visible from the street.
   3. Solar collectors. Passive and active solar collectors will be allowed only if they do not detract from the architectural integrity of the structure and are as unobtrusive as possible. Solar collectors will not be permitted if they hide from street view significant architectural features of the building or neighboring buildings, if their installation requires the loss of significant architectural features, or if they are of such a large scale that they become a major feature of the design.
   4. Repairs. Repairs in materials that exactly duplicate the original in composition, texture and appearance are encouraged. Repairs in new materials that duplicate the original in texture and appearance are also permitted. Repairs in materials that do not duplicate the original in appearance will be permitted on an individual basis if the repairs are compatible with the character and materials of the existing building and if repairs that duplicate the original in appearance are prohibitively expensive.
   5. Restoration. Projects that will return the appearance of the building to an earlier appearance are encouraged and will be permitted if such projects are documented by photographs, architectural or archeological research, or other suitable evidence.
   6. Aluminum or vinyl siding.
      1. Residing with aluminum or vinyl that replaces clapboards will be permitted, only if the new siding imitates the width of the original siding within one inch, and provided that all architectural details (such as window trim, wood cornices, and ornament) either remain uncovered or are duplicated exactly in appearance.
      2. Siding that imitates wood graining will not be permitted.
      3. If the alteration adds additional layers of siding or insulation on the building, the new siding may be applied over it if the trim is also built up to project from the siding as in the original.
   7. Storm windows, screens and storm doors. The repair and retention of original storm windows, screens and storm doors, or their replacement with new units that duplicate the original in materials and appearance is encouraged. Replacements with nonoriginal materials, such as combination metal components, may also be permitted. Painting of raw aluminum storm windows after a year of weathering of the finish is encouraged. Storm doors that imitate a specific style shall be permitted only if the style matches the style of the house.
   8. Additions and alterations to street facades. The appearance of all street facades of a structure shall not be altered unless the design is sensitive to the historic character of the building. Specifically, the design shall be compatible with the existing building in scale, color, texture and the proportion of solids to voids. Materials and architectural details used in such alterations and additions shall either match those on the existing building or shall be materials and details used for the original construction of other buildings in the historic district of similar materials, age, and architectural style.
   9. Additions and alterations not visible from the street. Additions and alterations not visible from streets contiguous to the lot lines are permitted if their design is compatible with the scale of the existing building and, the materials used are compatible with the existing materials in texture, color and architectural details. Alterations shall harmonize with the architectural design of the building, rather than contrast with it.
   10. Side additions. Side additions shall be set back from the front wall of the structure.
   11. Roof alterations.
       1. Roof alterations creating increased building volume, additional windows, headroom, or area are not permitted unless approved as a variance by the Plan Commission. In addition, the roof shape of the front of the building shall remain the same unless the owner wishes to restore an earlier, documentable appearance.
       2. If the existing roofing material is the same as the original, changes in the appearance of roofing materials (excluding color) are prohibited except when the repair of the existing roof is unfeasible and the cost of replacing it in kind is prohibitive. The new roof shall match the original in appearance (excluding color), as closely as is economically feasible.
       3. If the existing roofing material is not original to the house, the new roofing materials shall harmonize in color with the house. Thick wood shakes, rolled roofing and hexagonal shingles are prohibited. Restoration to a documentable earlier appearance is encouraged.
5. Criteria for the review of new construction in Historic Districts.
   1. Primary buildings.
      1. Height. The maximum height for new buildings in the R-1, R-1A, R-1B, R-2 and R-3 zoning districts shall be 35 feet. Conditional use permits may be granted by the Plan Commission for three story buildings of exceptional design in the R-3 zoning district. The maximum height for new buildings in the C-G zoning district shall be 40 feet, and the C-P, C-H, C-L and C-C zoning districts shall have a 35 foot height limit. Maximum heights for buildings for all commercial districts may be increased upon issuance of a conditional use permit by the Plan Commission.
      2. Roofs. The following roof shapes are encouraged: hipped, gable, gambrel, shed. Roof shapes will be considered on an individual basis, but must be compatible with the building in the visually related area.
      3. Materials. Materials for the exterior walls of new buildings shall be the same or similar to the materials prevalent in the district. The following materials will be permitted: brick, narrow gauge horizontal clapboards under four inches in exposed width, stone, stucco, smooth shingles, or any combination of the above. The following materials are prohibited: concrete block, asbestos, wide clapboards over four inches in exposed width, diagonal boards, vertical boards, rough sawn wood, rough split shingles, shakes, and sheet metal. Other materials will be considered on an individual basis.
      4. Visual size. The gross area of the front facade (all walls facing the street) of a single-family, two unit or commercial building shall be no greater than 125 percent of the gross area of the front facades of buildings in the visually related area. The gross area of the front facade of a multiple-family building should be no more than 125 percent of the average gross area of the front facades of all buildings within the visually related area. If this is not possible, changes in the setback should be designed in the front facade of the building to repeat the rhythm and proportions of buildings verses space between them within the visually related area.
      5. Solar collectors. Solar collectors will be permitted on new buildings, including the front facades. Solar collectors are prohibited if such devices hide from street view significant architectural features of neighboring buildings, or are of such a large scale that they become a major feature of the design.
      6. Parking lots. No new surface parking lots will be allowed in the R-1, R-1A or R-2 districts. In the other zoning districts, no new parking lots will be allowed unless accessory to and on the same zoning lot as a multiple unit residential building.
   2. Accessory buildings. Accessory buildings shall be compatible with the design of the existing buildings on the zoning lot and as unobtrusive as possible. Exterior wall materials permitted are the same as for construction of new primary buildings, but should be the same as the exterior materials of existing buildings on the same zoning lot wherever possible.

(Code 1998, § 13-1-288; Ord. No. 2003-03, § 1(13-1-288), 3-24-2003; Ord. No. 2013-14, § 71, 11-11-2013)

1. The Landmarks Commission shall hold a public hearing when considering the plan for an Historic District. Notice of the time, place, and purpose of such hearing shall be made by First Class Mail to the owners of the places, structures or objects of the determination, and as otherwise provided by law. Notice of the time, place and purpose of the public hearing shall also be sent by the Village Clerk to the owners of record, as listed in the assessment records, who are owners of property situated within the district or within 200 feet of the boundaries of the proposed district at least ten days prior to the date of the hearing. Following the public hearing, the Landmarks Commission shall vote to recommend, reject or withhold action on the plan. The recommendation, if any, shall be forwarded to the Village Board.
2. Upon receipt of the recommendations of the Landmarks Commission, the Village Board shall hold a public hearing, notice to be given as noted in Subsection (a) of this Section, and shall, following the public hearing, either designate or reject the Historic District. Designation of the Historic District shall constitute adoption of the plan in Article form prepared for that district directing implementation of said plan.

(Code 1998, § 13-1-289; Ord. No. 2003-03, § 1(13-1-289), 3-24-2003)

Every person in charge of any historic structure, site or improvement in an Historic District shall maintain same or cause or permit it to be maintained in a condition consistent with the provisions of this Article. The Building Inspector shall make periodic exterior inspections at intervals provided by the Village Board of designated historic structures, sites and districts. If the Building Inspector has received a complaint from an identified citizen, the Building Inspector may inspect with physical entry upon the property and improvement, with permission of the owner, to insure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of the improvement. If an owner refuses permission for entry, the Building Inspector may obtain a special inspection warrant pursuant to Wis. Stats. § 66.0119 and take any other reasonable measures to further enforcement of this Article.

(Code 1998, § 13-1-290; Ord. No. 2003-03, § 1(13-1-290), 3-24-2003)

1. Every person in charge of an improvement on an historic site or in an Historic District shall keep in good repair all of the exterior portions of such improvement and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair. This provision shall be in addition to all other provisions of law relating to the premises' repair.
2. Insofar as applicable to an historic structure, historic site or improvement in an Historic District, any provision of the Village Plumbing Code, Building Code, Heating, Ventilating and Air Conditioning Code, and Sign Ordinance may be varied, on application, by the appropriate board having jurisdiction over such ordinance, provided such variance does not endanger public health and safety.

(Code 1998, § 13-1-291; Ord. No. 2003-03, § 1(13-1-291), 3-24-2003)

Nothing contained in this Article shall prohibit necessary construction, reconstruction, alteration or demolition of any historic structure, any improvement on an historic site or in an Historic District pursuant to order of any governmental agency or pursuant to any court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. In such cases, no approval from the Landmarks Commission shall be required.

(Code 1998, § 13-1-292; Ord. No. 2003-03, § 1(13-1-292), 3-24-2003)

For the purpose of this Chapter, present and future, provision is hereby made for the division of the Village into the following 17 basic zoning districts:

(Code 1998, § 13-1-40; Ord. No. 2003-03, § 1(13-1-40), 3-24-2003)

1. The Village is hereby divided into zoning districts as shown upon a map designated as the Official Zoning Map of the Village of McFarland and made a part of this Chapter. This Official Zoning Map and all the notations, references and other information shown thereon are a part of this Chapter and shall have the same force and effect as if the matters and information set forth by said map were fully described herein. The Official Zoning Map shall be properly attested and kept on file along with the text of the Official Zoning Regulations in the office of the Village Clerk.
2. The district boundaries shall be determined by measurement from and as shown on the Official Zoning Map; and in case of any question as to the interpretation of such boundary lines, the Plan Commission shall interpret the map according to the reasonable intent of this Chapter. Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter-section or 16th-section lines; or the centerlines of streets, highways, railways or alleys.
3. The Official Zoning Map dated April 3, 2003, is hereby adopted as the Official Zoning Map. All further zoning changes made shall be by reference to this map.

(Code 1998, § 13-1-41; Ord. No. 2003-03, § 1(13-1-41), 3-24-2003)

Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
3. Boundaries indicated as approximately following Village boundaries shall be construed as following municipal boundaries.
4. Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.
5. Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

(Code 1998, § 13-1-42; Ord. No. 2003-03, § 1(13-1-42), 3-24-2003)

Editor's note(s)—Ord. No. 2020-08, § 5, adopted Feb. 24, 2020, repealed § 62-64, which pertained to parkland dedication for lots existing prior to 1966 or new dwelling units not involving a land division and derived from Code 1998, § 13-1-43; Ord. No. 2003-03, § 1(13-1-43), adopted March 24, 2003; Ord. No. 2003-22, § 2, adopted Dec. 22, 2003; Ord. No. 2005-20, § 2, adopted Nov. 28, 2005)

1. Purpose. The purpose of the A1 Agriculture-Transition District is to preserve, for an unspecified time period in agricultural and related open-space land uses, those lands generally located in proximity to developed areas within the Village where urban expansion in inevitable and broadly in keeping with long time plans for development. It is intended that urban development be deferred in such areas until the appropriate authorities concerned determine that it is economically and financially feasible to provide public services and facilities for uses other than those permitted in the district. It is also intended that the status of all areas in this district be reviewed by the appropriate authorities periodically in order to determine whether, in light of current land development trends, there should be a transfer of all or any part of those areas to some other appropriate use district. Any such review will consider developments in keeping with the Village's Comprehensive Plan.
2. Standards applicable to conditional uses in the Agricultural District. The Wisconsin Department of Agriculture, Trade and Consumer Protection shall be notified of the approval of any conditional use permit. In passing upon applications for conditional use permits, the Plan Commission shall consider the following relevant factors:
   1. The statement of purposes of the zoning district.
   2. The potential for conflict with agricultural use.
   3. The need of the proposed use for a location in an agricultural area.
   4. The availability of alternative locations.
   5. Compatibility with existing or permitted use on adjacent lands.
   6. The productivity of the lands involved.
   7. The location of the proposed use so as to reduce to a minimum the amount of productive agricultural land converted.
   8. The need for public services created by the proposed use.
   9. The availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden.
   10. The effect of the proposed use on water or air pollution, soil erosion and rare or irreplaceable natural resources.
3. Reserved.
4. Rezoning.
   1. Rezonings of lands from the Agriculture-Transition District shall be based upon consideration of:
      1. The availability of adequate public facilities to accommodate proposed development.
      2. The likelihood that the proposed development will not place unreasonable burdens on budgets of the Village, the school system or the county.
      3. The assurance that the proposed development will not result in water or air pollution, unreasonable soil erosion or unreasonable impact on rare or irreplaceable natural features.
      4. The suitability of the proposed development. This criterion shall be deemed satisfied if the Village rezones the site to a Planned Development District.
   2. Planning principles for Agriculture-Transition District lands upon consideration of rezoning to the Planned Development District.
      1. Individual sites should be placed within a framework of planning, at least at the general level, for neighborhoods; and
      2. Where land uses are to be mixed, attention must be given to buffering and transitioning between differing uses.

(Code 1998, § 13-1-44; Ord. No. 2003-03, § 1(13-1-44), 3-24-2003)

1. Intent. The PD-I District is referred to as an "infill" zoning regulation because it is intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood. Mixed use may be allowed to the extent that no land use conflicts will result. It is a basic public expectation that landowners requesting the use of the PD-I District will develop design, building architecture, landscape design and construction materials. The extent of variation or exception that will be recommended by the Village Plan Commission with final approval by the Village Board in accordance with the standards specified in Subsection (d)(1) of this Section will be dependent on how well the above stated expectations are expressed in the proposed development plan.
2. Application procedures. The procedures and requirements for applying for a PD-I zoning change are the same as those for the basic PD rezoning request. The procedures call for a two-step submittal with approval of a General Implementation Plan (GIP) and the subsequent submittal of a Detailed Implementation Plan (DIP). The application procedure is stated in Section 62-67.
3. PD-I zoning lot. The minimum zoning lot, for purpose of a PD-I submittal, shall include all abutting or adjacent parcels owned or otherwise controlled by the applicant for the PD-I zoning. The zoning lot may include more than one parcel and more than one owner. For purposes of applying the criteria and standards for PD-I zoning, the total area of the zoning lot shall be considered as one parcel regardless of the number of parcel Subdivisions that may exist.
4. Standards and criteria for approval of a PD-I. In addition to the general requirements for approval listed in Section 62-67, the following standards and criteria shall be used by the Village Plan Commission and Village Board when acting on a rezoning application in PD-I:
   1. Maximum impervious surface ratio:
      1. Five-tenths residential.
      2. Seven-tenths nonresidential and mixed use.
   2. Maximum floor area ratio: 0.70.
   3. Minimum required usable open space per dwelling unit: 100 SF/DU.
5. Additional standards.
   1. Screening and requirements for buffer yards shall be included as part of plan reviews. Such screening shall shield neighboring properties from any adverse external effects of the proposed developments. Screening and buffer yards shall also be used to shield the proposed development from the negative impacts of adjacent uses, such as streets, industrial uses, etc. Special emphasis shall be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways.
   2. Pedestrian circulation should be carefully planned so as to prevent pedestrian use of vehicular ways and parking spaces. In all cases, pedestrian access shall be provided to public walkways.
   3. The usable open space required for residential development projects and mixed use residential projects shall be designed for use of each individual dwelling unit or shall be located and designed to be of utility to every dwelling unit proposed. This required usable open space shall be designed to maximum privacy and usability to the residence.
   4. Special emphasis shall be placed on trash collection points. Trash containers shall be screened and so designed so as to be conveniently accessible to their users and collectors.
   5. Within the PD-I District, mixed land uses may be proposed. However, they must be found to be compatible based on the site and building design proposed. Compatibility will also be judged on the basis of how well the proposed project fits within the context of the neighborhood and abutting properties. The basic intent of this Chapter and Village Comprehensive Plan must be adhered to.
   6. Snow removal areas and procedures must be described in the plans.
   7. All site lighting shall be controlled so as not to extend a direct light source onto abutting properties. Cutoff type luminaries shall be used and all lighting sheds shall be indicated in the plans.
   8. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space.
6. Exceptions to standards. Exceptions to these standards may be recommended by the Village Plan Commission, subject to final approval given by the Village Board.

(Code 1998, § 13-1-45; Ord. No. 2003-03, § 1(13-1-45), 3-24-2003)

1. General requirements.
   1. Use regulations. The uses allowable in this district are the uses approved as part of the general or detailed plan for particular sites that are placed in the Planned Development District.
   2. Density and dimensional regulations. This Section sets no prescribed density or dimensional regulations in the Planned Development District.
   3. Off-street parking and loading. There shall be no prescribed requirements for off-street parking and loading in the Planned Development District. However, in the review and approval of any general or detailed plan in a Planned Development District, due consideration shall be given to Subdivision IV of this Division of regulations and requirements for off-street parking and loading facilities for uses similar to those proposed in such plan.
   4. Standards. The following standards shall apply in the review of all general or detailed plans proposed for the Planned Development District:
      1. The uses proposed in the planned development shall be in general conformance with the Village Comprehensive Plan.
      2. The establishment, maintenance or operation of the uses proposed in the planned development shall not substantially impair or diminish the use, value and enjoyment of other properties within the neighborhood.
      3. Traffic circulation into and within the development shall be designed to minimize traffic congestion and traffic hazards, provide for the accessibility of all uses and buildings and also provide for the safe and convenient movement of both vehicles and pedestrians.
      4. The planned development shall incorporate environmental design considerations, including the preservation of topography, trees and ground cover, streams and natural bodies of waters, and other significant natural features and control of erosion and runoff in accord with the Village Erosion Control and Stormwater Management Ordinances.
      5. The planned development shall provide for convenient and harmonious groups of buildings, structures and uses; and buildings shall be spaced and sited to ensure adequate safety, light, ventilation and privacy.
      6. The following provisions shall apply:
         1. In a planned development for residential use, adequate open space and recreational areas shall be provided in appropriate locations, and all public and common open spaces shall be designed and located to provide safe and convenient access to residents.
         2. Planned Development District housing impacts on community resources in the same manner as other new developments, which are characterized by division of land into lots. In particular, the additional population density places demands upon Village parks and recreation areas. Accordingly, each dwelling unit newly established shall be required to dedicate land or provide fees in lieu of land, in accordance with the procedures set forth in Section 62-64.
      7. The planned development will not adversely affect the ability of public agencies to provide school or other municipal services.
      8. The width of street rights-of-way, width of paving, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering considerations shall be based on a determination of the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the Village.
      9. The proponents of a Planned Development District application shall provide evidence satisfactory to the Village Board of its economic feasibility of available adequate financing and that it would not adversely affect the economic prosperity of the Village or the values of surrounding properties.
      10. The proponents of a Planned Development District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase could be brought to completion in a manner that would not result in an adverse effect upon the community as a result of termination at that point.
   5. Minimum area. A Planned Development District shall not be less than three acres of contiguous land under the same ownership. This Subsection shall not be interpreted to prohibit the post-development sale of all or part of an approved PD subject to the provision of this Section and all applicable statutes and Subdivision regulations.
   6. Subdivision review. The applicable Subdivision review under Chapter 56 shall be carried out as an integral part of the review of a Planned Development District. The plan required must be submitted in a form that substantially satisfies requirements of the Subdivision regulations for the Preliminary and Final Plat approvals. Subdivision application may be submitted for the whole, a part, or parts of the overall planned development as indicated by phases in the detailed plan for staged development.
2. Procedure for establishment of Planned Development Districts. The provisions set forth in Division 62-II-4 of this Article shall apply for the establishment of any Planned Development District, provided the amendatory ordinance shall be considered only in conjunction with a general or detailed plan.
3. Preapplication procedures. Applicants are encouraged to seek preapplication, conceptual review of proposed plans by the Plan Commission. The Plan Commission is under no obligation to give a response to such submittals at the same meeting as they are presented. The Plan Commission is entitled to seek outside assistance and sources of critique. No responses by the Plan Commission or by individual Plan Commissioners shall bind the Plan Commission or the Village unless the response is on behalf of the Plan Commission, is in writing and is expressed as a binding response.
4. Approval of general or detailed plan and adoption of zoning ordinance amendment. In the event that the Village Board approves a general (or detailed) plan and adopts a zoning amendment creating a Planned Development District in connection with such general (or detailed) plan, the requirements of the plan shall constitute the zoning regulations for the district and the zoning district maps shall be amended to show all lands included in such general (or detailed) plan as within the Planned Development District. In the approval of any general (or detailed) plan, the Village Board may stipulate any conditions or restrictions in the establishment, maintenance and operation of any uses proposed in such plan and may also require any guarantees, including the filing of a contract together with a surety, satisfactory in form to the Village Attorney and satisfactory in amount to the Village Engineer, with the Village to ensure that improvements will be installed and completed as proposed in the plan.
5. Recording of approved general or detailed plans and zoning ordinance amendments. Whenever the Village Board designates land as being within a Planned Development District, the Village Attorney shall record in the Office of the Register of Deeds of Dane County a facsimile copy of the approved general (or detailed) plan, together with a certified copy of the related zoning ordinance amendment and any other action taken thereon by the Village Board. The cost for preparing a facsimile copy of the general (or detailed) plan in recordable form and the recording fee shall be paid by the owners of the lands included in the general (or detailed) plan.
6. Changes or modifications to general or detailed plans and zoning ordinance amendments. Any approved general or detailed plan, together with the related zoning ordinance amendment, may be amended in whole or in part pursuant to the same procedure and subject to the same limitations by which general or detailed plans were approved and the zoning ordinance amended. However, minor modifications may be made by any general or detailed plan upon approval of the Village Plan Commission provided that such modifications shall be in general conformity with the approved general or detailed plan and shall not substantially change the concept of such approved plan. All approved minor modifications shall become a part of the approved general or detailed plan and shall be recorded as provided in Subsection (e) of this Section. The Plan Commission shall decide whether a proposed amendment is minor or major, with appeals made to the Village Board.
7. Construction of building and establishment of uses. No zoning or building permit shall be issued until the detailed plan and the related zoning ordinance amendment have been recorded as required above. Within one year of the date of recording of any detailed plan and the zoning ordinance, construction thereon must begin; and construction must be substantially completed throughout the project within three years of such date of recording, unless extensions are granted by the Village Board. If initial construction has not begun within one year of the date of recording or within the prescribed time period granted as an extension by the Village Board, the approval of the detailed plan and the related zoning ordinance amendment shall become null and void, and the zoning shall revert to the classification that applied prior to the approval of the PDD zoning. No occupancy of dwelling units shall occur until all public works that have been scheduled to be completed before occupancy are completed to the satisfaction of the Village.
8. Procedure for establishment of the Planned Development District—General plan for staged development.
   1. Submittal of general plan. The general plan shall contain any information and representations deemed necessary by the Plan Commission and shall consist of a statement entitled "Planned Development District—General Plan, Statement of Owner's Intent and Description of Development," which shall include, without limitation, the following:
      1. A legal description describing all of the tract of land included in the proposed development.
      2. A statement indicating the nature of the applicant's interest in the land included in the proposed development.
      3. A statement describing the proposed development, including the character, method and operation of the development and a development schedule or timetable for construction.
      4. A statement as to the following data or graphic information referenced to a map or plan of the proposed development:
         1. The location and size of the site including dimensioned exterior boundaries, topography and other salient features, and existing buildings and structures, and also adjacent properties and streets, including all public utilities and public easements.
         2. The use and approximate location and bulk of buildings and structures, including number of stories and dimensions of buildings.
         3. The approximate location of vehicular and pedestrian facilities, such as streets, sidewalks and off-street parking areas, including approximate number of parking spaces.
         4. The approximate location of areas for public or common open spaces and for other public or semipublic uses.
         5. A tabulation of land areas for the different types of uses in relation to the total area.
         6. A tabulation of the gross floor areas of buildings by types of uses.
         7. A tabulation of the number of types of dwelling units.
   2. Review of general plan. The Plan Commission shall review the general plan and determine whether it complies with the standards set forth in Subsection (h)(1) of this Section. Following the review of the general plan, the Plan Commission shall forward the petition to the Village Board, together with a recommendation that the general plan be either approved as submitted, or approved with modifications or disapproved.
   3. Approval of general plan.
      1. In the event that the Village Board approves the general plan and adopts the related zoning ordinance amendment, the zoning district maps shall be amended to include all of the lands within the general plan as within the Planned Development District (general plan approved). However, no building construction shall be permitted in any portion of the approved general plan until a detailed plan prepared in accordance with the requirements hereunder has been approved by the Village as provided below.
      2. In the event the Village Board fails to approve the general plan and ordinance, the Village Board shall communicate its objections back to the Plan Commission for reconsideration and further discussions.
9. Procedure for establishment of the Planned Development District—Detailed plan for staged development.
   1. Submittal of plan. Within one year after the recording of the general plan and the copy of the related zoning ordinance amendment, a detailed plan for at least one stage of the general plan shall be filed with the Village Clerk, unless an extension is granted by such Village Board. The detailed plan shall contain any information and representation deemed necessary by the Plan Commission and shall consist of a statement entitled, "Planned Development District—Detailed Plan, Statement of Owner's Intent and Description of Development," which shall include without limitations, the following:
      1. A legal description describing all of the tract of land included in the proposed development, referenced to a locational map indicating the relationship of the tract to the total general plan.
      2. A statement indicating the nature of the applicant's interest in the land included in the proposed development.
      3. A statement describing the proposed development, including the character, method and operation of the development, and a development schedule or timetable for construction. Where the formation of organizations such as a homeowners' association is proposed, such statement shall include any agreements, bylaws or covenants which govern the organizational structure, use, maintenance and protection of the development and any of its common services, common open spaces or other common facilities.
      4. A statement as to the following date or graphic information referenced to a map of the proposed development:
         1. The location and size of the site, including dimensioned exterior boundaries, topography and other salient features, and existing buildings and structures, and also adjacent properties and streets.
         2. The use and location of all buildings or structures, including the architectural character and design of each building, the number of stories and dimensions of each building, and the dimensioned yards between buildings or structures and lot lines.
         3. The location of vehicular and pedestrian facilities, including dimensioned streets, walkways, access driveways, off-street parking spaces and loading berths, and refuse receptacle areas.
         4. The location and size of areas for public or common open spaces and for other public and semi-public uses.
         5. A grading plan, including any storm sewer system, a landscaping plan, and an erosion control plan.
         6. A sanitary sewer and water distribution system plan.
         7. A tabulation of land areas for the different uses in relation to the total tract area.
         8. A tabulation indicating the number of buildings and the use and the total gross floor area for each building.
         9. A tabulation indicating the number and types of dwelling units in each building.
   2. Review of the detailed plan.
      1. The Plan Commission shall review the detailed plan as a conditional use review and shall determine whether the plan complies with the standards set forth in Subsection (h)(1) of this Section and is in general conformance with the approved general plan. Following Plan Commission approval of a detailed plan, the Village Attorney shall record in the Office of the Register of Deeds of Dane County a facsimile copy of the approved detailed plan and a certified copy of the Plan Commission action approving the same. The costs for copies and recording shall be paid by the owners of land within the plan areas.
      2. The action of the Plan Commission on the proposed detailed plan shall be appealable to the Village Board. The Village Board shall consult with the Plan Commission before making its appeal decision, but in no case shall a detailed plan be approved that is out of conformity with a general plan approved.
   3. Approval of detailed plan. Once the detailed plan is approved, the zoning district maps shall be amended to include all of the lands within the detailed plan as Planned Development District—detailed plan approved.
10. Planned Development District—Single-stage procedure. Upon request by applicants and subject to Village Board concurrence, the general and detailed stages of plan review and approval can be combined. Under this option, the plan is submitted in detailed form and is processed as is a general plan.

(Code 1998, § 13-1-46; Ord. No. 2003-03, § 1(13-1-46), 3-24-2003)

The district regulations are intended to govern the location intensity and method of development. The regulations of each district are designed to provide protection to the character of existing development while allowing new growth in accordance with specific development standards and objectives.

1. A1 Agriculture-Transition District. The purpose of the Agriculture-Transition District is to preserve in agricultural and related open space uses those lands generally located in proximity to developed areas within the Village where urban expansion is likely and in keeping with long-term plans for development. It is intended that urban development be deferred in such areas until the appropriate authorities determine that it is economically and financially feasible to provide public services and facilities. It is also intended that the status of all areas in this district be reviewed by the appropriate authorities periodically in order to determine whether, in light of current land development trends, there should be a transfer of all or any part of those areas to some other appropriate use district. Any such review will consider local and regional land use plans. Existing homes are grandfathered as are existing house lots. No new house lots can be created without rezoning.
2. CO Conservancy District. The Conservancy District is established to preserve and perpetuate in an open and natural state certain areas such as lakeshores and waterways, wetlands and marshes, floodplains and stream beds, woods, slopes, Indian antiquity areas and other areas of aesthetic or historic value which, because of their unique physical and topographical features, are deemed desirable and functional as natural drainageways and water retention areas, natural habitat for plant and animal life, green belts and other multi-purpose uses beneficial to the community.
3. PD Planned Development District. The Planned Development District is established to provide a voluntary regulatory framework designed to encourage greater variety and flexibility in land development while achieving substantial compliance with the Village Land Use Plan and basic intent of the zoning ordinance and land uses beneficial to the Village. Such district is also established to promote the maximum benefit from coordinated area site planning, including diversified location of structures and mixed compatible uses, and to provide for safe and efficient systems for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, and economic design and location of public and private utilities and community facilities. Within this district are allowed the diversification and variation in the bulk and relationship of uses, structures and spaces in developments planned as comprehensive and cohesive unified plans and projects.
4. PD-I Planned Development Infill District. The Planned Development Infill District (PD-I) standards and regulations have been created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than three acres. Parcels of more than three acres should comply with the normal PD regulations. The application procedures and review criteria for the PD-I are the same as those outlined for the basic PD District in addition to the following provisions.
5. R-1 Single-Family Residence District. The R-1 Single-Family Residence District is established to stabilize and protect the essential characteristics of certain low density residential areas of the Village and to promote and encourage a suitable environment for family life where children are members of most families. Development in the R-1 Single-Family Residence District is limited primarily to single-family dwellings and certain community and recreational facilities to serve residents of the district.
6. R-1A Single-Family Residence District. The R-1A Single-Family Residence District is established to stabilize and protect the essential characteristics of existing low density residential areas normally located in the outlying as well as some inlaying urban parts of the Village, and to promote and encourage a suitable environment for family life where children are members of most families. Development in the R-1A Single-Family Residence District is limited primarily to single-family dwellings and certain community recreational facilities to serve residents of the district.
7. R-1B Single-Family Residence District. The purpose of the R-1B Single-Family Residence District is to stabilize and protect the essential characteristics of existing low density residential areas normally located near or in close proximity to the Lake Waubesa or Yahara River areas, and to promote and encourage a suitable environment for family life where children are members of most families. Development in the R-1B Single-Family Residence District is limited primarily to single-family dwellings and certain community recreational facilities to serve residents of the district.
8. R-2 Single- and Two-Family Residence District. The R-2 Single- and Two-Family Residence District is established to protect the essential characteristics of certain low-density residential areas of the Village and to promote and encourage a suitable environment for family life where children are members of most families. Development in the R-2 Single- and Two-Family Residence District is limited primarily to single-family and two-family detached dwellings and certain community and recreational facilities to serve residents of the district.
9. R-3 General Residence District. The R-3 General Residence District is established to stabilize and protect certain medium density residential areas in the Village and to promote and encourage a suitable environment for family life where children are members of most families. Development in the R-3 District is limited primarily to smaller multiple-family dwellings, boarding homes, convalescent homes and recreational facilities to serve residents of the district.
10. R-MH Manufactured Home Residence District. The R-MH Manufactured Home Residence District is established to provide for the permanent placement of manufactured homes in a low- to medium-density residential area of the Village and to promote and encourage a suitable environment for family life where children are members of many families. Development in the R-MH Manufactured Home Residence District is limited primarily to manufactured houses and single-family residences on smaller lots and certain community and recreational facilities to serve residents of the district.
11. R-E Elderly Residence District. The R-E Elderly Residence District is established to stabilize and protect certain medium density residential areas in the Village and to promote and encourage a suitable environment for elderly persons in duplex and multiple-family dwellings, pursuant to state and federal regulations.
12. C-G General Commercial District. The C-G District is intended to provide an area for the business and commercial needs of the community, especially those which can be most suitably located in a compact and conveniently located business district. Residences that are compatible with surrounding uses are allowed as conditional uses.
13. C-P Commercial Park District. The C-P District is established to provide an esthetically attractive working environment exclusively for and conducive to the development and protection of offices, non-nuisance type manufacturing operations, research and development institutions and limited retail businesses. The essential purpose of this district is to achieve development, which is an asset to the owners, neighbors and the Village, and to promote and maintain desirable economic development in a park-like setting.
14. C-H Highway Commercial District. The C-H District is intended to provide an area for those business and commercial activities which especially have to do with motor vehicles or highway transportation, or which provide goods or services primarily to travelers on a highway, or for which location adjacent to a major thoroughfare or highway is a compelling practical consideration, or for which it is especially appropriate for some other reason to be located adjacent to a major thoroughfare or highway.
15. C-L Limited Commercial District. The C-L Limited Commercial District is established to accommodate business and neighborhood consumer needs for services and storage space located in proximity to residential areas without creating a nuisance to the neighborhood.
16. C-C Central Commercial District. The C-C District is designed to accommodate those retail, service and office uses characteristic of the original downtown area of McFarland.
17. M-IC Manufactured-Intensive Commercial District. The M-IC District is intended to provide an area for manufacturing and industrial activities. It is also intended to provide an area for a variety of uses which require relatively large installation, facilities or land area, or which would create or tend to create conditions of public or private nuisance, hazard or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, screening, barriers, or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.
18. RH-1 Rural Home District. The RH-1 Rural Home District is established for annexed properties previously developed with low-density single family residential areas that are characterized by larger lot sizes and having some agricultural accessory uses.

(Code 1998, § 13-1-47; Ord. No. 2003-03, § 1(13-1-47), 3-24-2003; Ord. No. 2015-03A, § 1, 4-27-2015)

1. Generally. The permitted and allowable conditional uses in each district of the residential and noncommercial zoning districts shall be set forth in the following table:
   
   

   RESIDENTIAL DISTRICT PERMITTED USES
   Description	A-1	CO	R-1	R-1A	R-1B	R-2	R-3	R-MH	R-E	RH-1
   Residential uses
   Single-family detached dwellings	P	N	P	P	P	P	N	P	P	P
   Conversion of a single-family to a two-family	N	N	C	C	C	C	C	C	C	C
   Temporary auxiliary apartment2	N	N	C	C	C	N	C	C	C	C
   Manufactured home, built after 10/74	C	N	P	P	P	P	N	P1	P	P
   Two-family dwellings	N	N	N	N	N	P	P	N	P	N
   Zero lot line dwellings	N	N	N	N	N	P	P	N	P	N
   Multifamily dwellings, up to eight units/acre	N	N	N	N	N	N	P	N	N	N
   Multifamily dwellings, up to 15 units/acre	N	N	N	N	N	N	C	N	N	N
   Elderly occupied dwellings, up to ten units/acre	N	N	N	N	N	N	N	N	P	N
   Elderly occupied dwellings, up to 21 units/acre	N	N	N	N	N	N	N	N	C	N
   Community based residential facilities	N	N	P	P	P	P	P	P	P	P
   Business uses
   Community living arrangements, up to eight people	N	N	P	P	P	P	P	P	P	P
   Home day care (4—8, licensed)3	N	N	P	P	P	P	N	P	C	P
   Home day care (3 or fewer, unlicensed)	N	N	P	P	P	P	P	P	C	P
   Home occupations3	P	N	P	P	P	P	P	P	P	P
   Day care center (9 or more, licensed)	N	N	N	N	N	N	C	N	C	N
   Community living arrangements, over eight people	N	N	C	C	C	C	C	C	C	C
   Landscaping businesses on parcels 2 acres or larger	P	N	N	N	N	N	N	N	N	C
   Public uses
   Greenways, open space, parks and pools	P	P	P	P	P	P	P	P	P	P
   Off-street parking facilities	N	C	N	N	N	N	N	N	N	N
   Nursing homes, hospitals	N	N	N	N	N	N	P	N	N	N
   Clubs, lodges	C	N	N	N	N	N	P	N	N	C
   Elementary and secondary schools	C	N	P	P	P	P	P	P	P	P
   Public libraries	N	N	P	P	P	P	P	P	P	P
   Fire stations	C	N	P	P	P	P	P	P	P	P
   Cemeteries and mausoleums	C	N	C	C	C	C	C	C	C	C
   Athletic facilities	N	N	C	C	C	C	C	C	C	C
   Houses of worship and their affiliated uses	C	N	P	P	P	P	P	P	P	P
   Industrial and higher uses
   Sewage treatment plants	N	N	N	N	N	N	N	N	N	N
   Utility lines and pumping stations	P	C	P	P	P	P	P	P	P	P
   Solar Energy Collection System, Ground Mounted (Principal Use - Solar Farm)	C	N	N	N	N	N	N	N	N	N
   Accessory uses
   Private garage space	P	N	P	P	P	P	P	P	P	P
   Gardening/storage sheds	P	C	P	P	P	P	N	N	P	P
   Off-street parking facilities	P	C	P	P	P	P	P	P	P	P
   Normal household pets, not exceeding 3 mature pets	P	N	P	P	P	P	P	P	P	P
   Agriculture and forestry4	P	C	N	N	N	N	N	N	N	P
   Solar Energy Collection System, Building & Roof Mounted, and Ground Mounted (Accessory)	P	P	P	P	P	P	P	P	P	P

   P = Permitted, C = Conditional, N = Not Allowed
   
   ¹Manufactured homes placement shall comply with all of the following requirements and limitations:
   
   1. The home shall be doublewide of at least 24 feet in width and 36 feet in length.
      
   2. The home shall be installed on an approved foundation system in conformity with the uniform building code. The wheels and axles must be removed.
      
   3. The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.
      
   4. The home shall be covered by a roof pitched at a minimum slope of two inches in 12 inches, which is permanently covered with nonreflective material.
      
   ²There must be a minimum of 800 square feet of floor area for each dwelling unit, exclusive of halls and entries, cellar and basements.
   
   ³Refer to Section 62-230.
   
   ⁴Keeping of chickens permitted in residential areas pursuant to subsections (d) and (e).
   
2. Overlay districts. Permitted and conditional uses in Overlay Districts shall include the uses permitted in the underlying zoning district subject to additional compliance with the provisions of any requirements of this Section or any other applicable ordinance.
3. Review of building plans. Within any Overlay District, all plans for new construction or exterior remodeling shall be reviewed and approved by the Village Plan Commission and the Fire/EMS Chief prior to the issuance of a building permit.
4. Keeping of chickens. The keeping of no more than four chickens shall be allowed in the R-1, R-1A, R-1B, R-2, R-3 and RH-1 districts provided that:
   1. The principal use is a single-family or two-family dwelling.
   2. No person shall keep any roosters.
   3. No person shall slaughter chickens outdoors.
   4. Chickens shall be provided with a structure and area exclusively devoted for use as a hen house and fenced outdoor enclosure.
      1. Chickens must be kept in the hen house or fenced outdoor enclosure at all times and shall not be allowed to run free.
      2. The hen house shall be a covered, predator-resistant, well-ventilated structure, providing a minimum of two square feet per chicken.
      3. The outdoor enclosure shall be adequately fenced to contain chickens and protect them from predators.
      4. The hen house must be kept in a clean, dry, and sanitary condition at all times.
      5. The outdoor enclosure shall be cleaned on a regular basis to prevent the accumulation of animal waste and offensive odors.
      6. Chicken feed, if stored outdoors, must be kept in rat-proof containers.
   5. The hen house or outdoor enclosure shall be located in the rear yard and no closer than 25 feet to any residential dwelling on an adjacent lot, nor closer than ten feet to the property line.
   6. The hen house and outdoor enclosure shall comply with the maximum lot coverage and height requirements for accessory buildings. Refer to Section 62-227 of the Village of McFarland Municipal Code.
   7. The permittee shall comply with Wis. Admin. Code § ATCP 17.02 relating to livestock premises registration.
   8. Annual permit.
      1. Any person who keeps chickens in the Village of McFarland under Section 62-69(d) shall obtain an annual permit prior to June 1 of each year, or within 30 days of acquiring the chickens. The permit year commences on June 1 and ends the following May 31.
      2. As part of the initial permit approval process, the Village Building Inspector shall inspect the applicant's property for compliance with this Section. The annual permit renewal process shall not require reinspection.
      3. The Zoning Administrator may revoke a permit if there are two or more violations of this Section, or Chapter 20 of the Village of McFarland Municipal Code, within any six-month period.
      4. Applications shall be made to the Community Development Department on such forms as deemed appropriate, and a fee shall be established from time to time by the Village Board and provided in Appendix A to this Code. Failure to obtain the required permit and pay the required fee will result in forfeiture, including doubling the permit fee.
5. The number of livestock kept in the A-1 or RH-1 zoned district shall not exceed one animal unit for each full acre and the lot must be at least two acres in size. For lots zoned A-1 or RH-1 less than two acres but over 20,000 sq. ft. no more than ten chickens shall be allowed. Any structure housing livestock shall be at least 100 feet from an urban residentially zoned district.

(Code 1998, § 13-1-48; Ord. No. 2003-03, § 1(13-1-48), 3-24-2003; Ord. No. 2011-10, § 2, 5-23-2011; Ord. No. 2013-14, § 69, 11-11-2013)

No structure or lot shall be developed, used or occupied unless it meets the minimum lot frontage, lot area, yard requirements, height limits and other dimensional standards set forth in the following table:

⁽¹⁾ Barns, sheds, silos and other farm buildings shall not exceed in height twice their distance from the nearest lot line; however, these buildings have to be setback at least 60 feet from the street and no closer than 100 feet from the property line of adjacent properties, if those properties are located in a Residence District.

⁽²⁾ Attached garages that are closer to a street than any other portion of structure are snout garages.

⁽³⁾ R-2 and R-3 Districts allow zero lot line duplexes of 5,000 square feet minimum lot area and a 40 feet minimum lot width, with side yard setback requirements of eight feet for a one-story structure and ten feet for a two-story structure.

⁽⁴⁾ Twenty-five feet applies to lots if no motor vehicle garage door opening faces street side; 35 feet applies if motor vehicle garage door opening faces street side.

⁽⁵⁾ See Appendix B, Village of McFarland Landscaping Standards.

⁽⁶⁾ Corner lots have at least two street yards, one of which is the front yard. In the R-1B District, the front yard is subject to the 20-foot yard requirement, and additional street yards are subject to the 7-foot yard requirement.

⁽⁷⁾ All yards abutting upon navigable waterways set back at least 40 feet unless superseded by Wisconsin Department of Natural Resources or Dane County regulations.

⁽⁸⁾ Twenty-five feet applies to street side with no motor vehicle garage door opening; 30 feet applies to street side with a motor vehicle garage door opening.

⁽⁹⁾ The side yard setback amendments enacted by Ordinance No. 2014-13 shall apply only to property for which a new home construction permit is issued after December 11, 2014.

⁽¹⁰⁾ All yards in the RH-1 District abutting a collector or arterial street shall be set back 60 feet from the property line.

⁽¹¹⁾ All street yards are subject to the requirements for front yards, unless otherwise provided.

(Code 1998, § 13-1-49; Ord. No. 2003-03, § 1(13-1-49), 3-24-2003; Ord. No. 2005-08, § 1, 4-25-2005; Ord. No. 2011-06, § 3, 5-23-2011; Ord. No. 2014-13, § 1, 10-27-2014)

The permitted and allowable conditional uses in each district of the commercial zoning districts shall be set forth in the following table:

COMMERCIAL DISTRICT PERMITTED USES^{(4, 5, 6, 7)}

P = Permitted, C = Conditional, N = Not Allowed

⁽¹⁾ The meaning of the terms shall be the same as that used in the North American Industry Classification System (NAICS), 2007 Edition or revised edition thereof, published by the U.S. Printing Office, with the number of the intended NAICS number following the land use name.

⁽²⁾ All uses that are permitted or conditional in C-G are permitted or conditional in the C-C Central Commercial District.

⁽³⁾ Indoor storage only. Outdoor storage allowed upon issuance of a conditional use permit.

⁽⁴⁾ All businesses, servicing, processing or display of materials for rent or sale, except for off-street parking of motor vehicles in operable condition and open storage of materials accessory to a principal use shall be conducted within completely enclosed buildings. Open storage accessory to principal uses in the C-G, C-H, C-P, C-L, and C-C zoning districts may be allowed upon issuance of a conditional use permit.

⁽⁵⁾ All nonenclosed areas of the site that are used for off-street parking, loading or driveways for motor vehicles shall be paved or effectively dust-proofed and measures shall exist on-site to prevent tracking of mud from the site on to public streets.

⁽⁶⁾ All commercial business in the C-C, C-G, C-L or M-1C Districts that are open to the public between the hours of 2:30 a.m. and 5:30 a.m. shall require a conditional use permit.

⁽⁷⁾ Light manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, provided all manufacturing activities are contained entirely within an enclosed building, and noise, odor, smoke, heat, glare, and vibration resulting from manufacturing activity, are confined entirely within the building. Does not include industrial processing from raw materials.

(Code 1998, § 13-1-50; Ord. No. 2003-03, § 1(13-1-50), 3-24-2003; Ord. No. 2004-02, § 1, 1-29-2004; Ord. No. 2009-16, § 1, 8-24-2009; Ord. No. 2011-03, § 1, 1-10-2011; Ord. No. 2014-07, § 1, 6-23-2014; Ord. No. 2015-03A, § 2, 4-27-2015)

No structure or lot shall be developed, used or occupied unless it meets the minimum lot frontage, lot area, yard requirements, height limits and other dimensional standards set forth in the following table:

COMMERCIAL DISTRICT BULK STANDARDS

⁽¹⁾ The front yard setback can be reduced to zero, if parking is provided in the rear of the building.

⁽²⁾ All yards abutting upon navigable waterways set back at least 40 feet unless superseded by Wisconsin Department of Natural Resources or Dane County regulations.

⁽³⁾ See Appendix B, Village of McFarland Landscaping Standards.

(Code 1998, § 13-1-51; Ord. No. 2003-03, § 1(13-1-51), 3-24-2003; Ord. No. 2011-06, § 4, 5-23-2011 

1. Designation of TTDO boundaries. All properties within the mapped planning area boundaries of the Terminal and Triangle District Neighborhood Plan, as may be from time to time amended, shall be subject to the requirements of this Section.
2. Scope of design review.
   1. The provisions of this Section shall supplement the regulations applicable in the base zoning district covering lands also mapped within the TTDO District and those regulations generally applicable within all zoning districts, including, but not limited to, the design review provisions in Section 62-310.
   2. The provisions of this Section shall apply to all new construction, any total redevelopment of an existing developed site, and any additions that result in a total expansion of at least 50 percent in building floor area, or 25 percent in outdoor storage area or parking lot area, over that existing as of October 24, 2005. When such an addition is proposed, the entire site and all improvements thereon shall comply with the provisions of this Section, to the extent determined practical by the Plan Commission, given existing site and building conditions.
   3. The provisions of this Section shall apply only to development projects requiring site/design review under Section 62-310(c)(1), as well as any project within a Planned Unit Development District. This Section shall not apply to single-family and two-family residences; however, additions and alterations to such a residence may first require a variance if the residence is a nonconforming use or structure under the base zoning district in which the residence is located.
3. Design standards.
   1. In the preparation of site and related plans required for design review under Section 62-310, all projects to which this Section is made applicable under Subsection (b) of this Section shall be required to meet the design guidelines within the Terminal and Triangle District Neighborhood Plan, as from time to time amended, unless the Plan Commission waives compliance under the provisions of Subsection (c)(3) of this Section.
   2. To the extent that the design guidelines included within the Terminal and Triangle District Neighborhood Plan shall control. This provision does not apply to land use types, which shall be controlled by the permitted and conditional use lists in this Chapter.
   3. The Plan Commission may waive or alter any of the design guidelines in the Terminal and Triangle District Neighborhood Plan as they apply to a particular development project, but only if all of the following criteria are met:
      1. Such a waiver or alteration is approved by at least a three-quarters vote of Commissioners in attendance.
      2. The waiver or alteration may be attributed to unique characteristics of the project or site rather than general characteristics applicable across various projects or the district.
      3. Supplemental design elements or improvements are incorporated into the project that compensate for the waiver or alteration of the particular guideline.
      4. The design guideline is not also an ordinance requirement included in this Chapter, in which case a variance would also be required under Section 62-366.
4. Design review process. The design review process for projects within the TTDO District shall be generally similar to that required for design review throughout the Village, as described in Section 62-310(e). Prior to Plan Commission design review, the Zoning Administrator may require that the petitioner submit a concept plan for review and advice from the Community Development Authority, Village Board, or both, particularly when the project may involve public financial participation. Any such concept plan submittal shall, at a minimum, include conceptual architectural elevations and a conceptual site/landscape plan, drawn to sufficient detail to determine the general character and quality of the project.
5. Appeals. Any action of the Plan Commission in granting or denying approval of site/design review within the Terminal and Triangle Design Overlay Zoning District may be appealed to the Village Board, if a written request for an appeal is filed within ten working days after the date of the Plan Commission action.

(Ord. No. 2005-17, § 1(13-1-52), 10-24-2005)

1. The development and execution of this Article is based upon the division of the Village into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.
2. As used in this Subdivision, the term "substantial evidence" means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

(Code 1998, § 13-1-60; Ord. No. 2003-03, § 1(13-1-60), 3-24-2003)

1. The Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for either regular or limited conditional use after review and public hearing, provided that such conditional use and involved structures are found to be in accordance with the purpose and intent of this Zoning Code and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. In the instance of the granting of a limited conditional use, the Plan Commission in its findings shall further specify the delimiting reasons or factors which resulted in issuing limited rather than regular conditional use. Such Plan Commission resolution, and the resulting conditional use permit, when, for limited conditional use, shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the Plan Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with. The Plan Commission's findings and decision to approve or deny a conditional use permit must be supported by substantial evidence.
2. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this Chapter.
3. Compliance with all other provisions of this Chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses. No conditional use permit shall be issued unless the applicant provides a detailed written description and proof that all of the standards set forth in Sec. 62-111 shall be met, to the satisfaction of the Plan Commission.

(Code 1998, § 13-1-61; Ord. No. 2003-03, § 1(13-1-61), 3-24-2003)

1. Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest that may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.
2. An applicant for a conditional use permit must demonstrate and prove, by substantial evidence, that the application and all requirements and conditions established by the Village relating to the conditional use are or shall be satisfied.

(Code 1998, § 13-1-62; Ord. No. 2003-03, § 1(13-1-62), 3-24-2003; Ord. No. 2019-08, § 1, 5-28-2019)

1. Required application materials. An application for a conditional use shall be filed in duplicate on a form prescribed by the Village. Such applications shall be forwarded to the Plan Commission on receipt by the Zoning Administrator. Such applications shall include where applicable:
   1. Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within 100 feet.
   2. Description of the subject site by lot, block and recorded Subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees and the zoning district within which the subject site lies.
   3. Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.
   4. Additional information as may be required by the Plan Commission or other authorities, boards, commissions or officers of the Village. The Plan Commission may require such other information as may be necessary to determine and provide for an enforcement of this Chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.
   5. A detailed written description and proof meeting the substantial evidence standard showing each of the standards set forth in Section 62-111 (a) through (h) will be satisfied, including a detailed description of how each said standard is met, and how the proposed use will comply with any applicable regulations regarding light, noise, traffic, nuisance, health, safety, welfare and environment. When any applicable law, ordinance or other regulation prohibits a certain measurable level of any activity or substance, including, but not limited to, noise, light, dust, particulate emissions, odor, visibility, pollution, and vibration and frequency levels, the applicant shall also demonstrate and prove how the proposed use will comply with such regulations.
   6. Upon request by the Village Board, Plan Commission or Zoning Administrator, the applicant shall provide reports and studies, prepared by a qualified professional, addressing any applicable standard. The applicant is solely responsible for the cost of such reports and studies. A qualified professional is one with appropriate education, experience, license and/or certification pertinent to the applicable standard, and the professional's qualifications should be provided with the report or study (e.g. a curriculum vitae or resume).
   7. The fee established by the Village Board from time to time and provided in Appendix A to this Code for application for a conditional use. The applicant shall also pay all costs incurred by the Village in notifying the public and property owners pursuant to Section 62-110.
2. Plans. In order to secure information upon which to base its determination, the Plan Commission may require the applicant to furnish, in addition to the information required for a building permit, the following information:
   1. A plan of the area showing contours, soil types, high-water mark, groundwater conditions, bedrock, slope and vegetation cover;
   2. Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, lighting;
   3. Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations;
   4. Specifications for areas of proposed filling, grading, lagooning or dredging;
   5. Other pertinent information necessary to determine if the proposed use meets the requirements of this Chapter.
3. Third party consultants. If necessary expertise is not available from staff or other appropriate governmental agency, the Village Board, Plan Commission or Zoning Administrator may consult with a third-party consultant to effectively evaluate the application. The Zoning Administrator will select the consultant. The applicant is solely responsible for all reasonable costs and expenses associated with such consultation. Applicants retain the right to withdraw an application if they choose not to pay consultant fees.

(Code 1998, § 13-1-63; Ord. No. 2003-03, § 1(13-1-63), 3-24-2003; Ord. No. 2006-04, § 1, 2-13-2006)

All requests for conditional uses shall be to the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Upon receipt of the complete application and statement referred to in Section 62-108, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the Plan Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time. The Plan Commission may inform the applicant and members of the public attending the hearing of the substantial evidence standard and that statements and information will be considered subject to that standard. This may include examples that speculative opinions not based on reliable evidence or knowledge do not meet the evidentiary standard (such as a potential loss in value of a neighboring property based on pure speculation and not an appraisal, market analysis or other reliable information).

(Code 1998, § 13-1-64; Ord. No. 2003-03, § 1(13-1-64), 3-24-2003)

Notice of the time, place and purpose of such hearing shall be given by publication of a class 2 notice under the Wisconsin Statutes in the official Village newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the Village Board and Plan Commission, and the owners of record as listed in the office of the Village Assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least five days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.

(Code 1998, § 13-1-65; Ord. No. 2003-03, § 1(13-1-65), 3-24-2003)

No application for a conditional use shall be approved by the Plan Commission or appeal granted by the Village Board unless the Plan Commission and Village Board shall find that the following conditions are present:

1. That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
4. That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6. That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
7. That the proposed use does not violate floodplain regulations governing the site.
8. That the proposed use will not violate any applicable regulation in the McFarland Municipal Code or any other applicable law or regulation.
9. That, when applying the standards to any new construction of a building or an addition to an existing building, the Plan Commission and Board shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.
10. That, in addition to passing upon a conditional use permit, the Plan Commission and Village Board shall also evaluate the effect of the proposed use upon:
    1. The maintenance of safe and healthful conditions.
    2. The prevention and control of water pollution including sedimentation.
    3. Existing topographic and drainage features and vegetative cover on the site.
    4. The location of the site with respect to floodplains and floodways of rivers and streams.
    5. The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
    6. The location of the site with respect to existing or future access roads.
    7. The need of the proposed use for a shoreland location.
    8. Its compatibility with uses on adjacent land.
    9. The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Code 1998, § 13-1-66; Ord. No. 2003-03, § 1(13-1-66), 3-24-2003)

When a decision of denial of a conditional use application is made, the Plan Commission shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Plan Commission has used in determining that each standard was not met.

(Code 1998, § 13-1-67; Ord. No. 2003-03, § 1(13-1-67), 3-24-2003)

Any action of the Plan Commission in granting or denying a conditional use permit may be appealed to the Village Board, if a written request for an appeal is filed within ten days after the date of the Plan Commission's action in granting or denying the permit. Such request for appeal shall be signed by the applicant or by the owners of at least 20 percent of the land area immediately adjacent extending 100 feet therefrom or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land. The request shall be filed with the Zoning Administrator who shall submit it to the Village Board at its next meeting, together with any documents and other data used by the Plan Commission in reaching its decision. The Village Board may consider the matter forthwith, refer the matter to a subsequent meeting or set a date for a public hearing thereon. In the event the Village Board elects to hold a public hearing, notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a class 1 notice in the official newspaper at least ten days before the date of the hearing. The Village Board may either affirm or reverse in whole or in part the action of the Plan Commission and may finally grant or deny the application for a conditional use permit. The Village Board's decision to approve or deny the conditional use permit must be supported by substantial evidence.

(Code 1998, § 13-1-68; Ord. No. 2003-03, § 1(13-1-68), 3-24-2003)

The following provisions shall apply to all conditional uses:

1. Conditions. Prior to the granting of any conditional use, the Plan Commission, or the Village Board on appeal, may stipulate or impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in Section 62-111. In all cases in which conditional uses are granted, the Plan Commission or Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated or imposed in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
   1. Landscaping;
   2. Type of construction;
   3. Construction commencement and completion dates;
   4. Sureties;
   5. Lighting;
   6. Fencing;
   7. Operational control;
   8. Hours of operation;
   9. Traffic circulation;
   10. Deed restrictions;
   11. Access restrictions;
   12. Setbacks and yards;
   13. Type of shore cover;
   14. Specified sewage disposal and water supply systems;
   15. Planting screens;
   16. Piers and docks;
   17. Increased parking; or
   18. Any other requirements necessary to fulfill the purpose and intent of this Chapter.
2. Site review. In making its decision, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Plan Commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.
3. Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Plan Commission.
4. Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Plan Commission may require the use of certain general types of exterior construction materials and/or architectural treatment.
5. Sloped sites; unsuitable soils. Where slopes exceed six percent and/or where a use is proposed to be located on areas indicated as having soils that are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.
6. Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of the McFarland Municipal Code such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or possibly of accident.
7. Provisions applicable to all conditional uses. In addition to any conditions imposed under sub. (a), supra., the following conditions apply to all conditional use permits:
   1. No building or use may violate any other provision set forth in the McFarland Municipal Code, or any other applicable law or regulation.
   2. No building or use is permitted unless all necessary permits, licenses and approvals are obtained from the applicable regulatory authority, including, but not limited to, approvals by the Wisconsin Department of Transportation for ingress and egress to the property, and permits issued by the Wisconsin Department of Natural Resources related to air, water, and other environmental regulations.

(Code 1998, § 13-1-69; Ord. No. 2003-03, § 1(13-1-69), 3-24-2003)

Where the Plan Commission has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Plan Commission's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. Extensions of up to one year each may be granted by the Plan Commission for just cause, if application is made to the Village at least 30 days before the expiration of said permit. Conditional use permits shall also expire if the use is abandoned or terminated for a period of 12 months.

(Code 1998, § 13-1-70; Ord. No. 2003-03, § 1(13-1-70), 3-24-2003)

The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in Section 62-111, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in Section 62-110. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in Section 62-111 or conditions previously imposed by the Plan Commission, modifying existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to a forfeiture as set forth in this Chapter and Section 1-16. In the event that no reasonable modification of such conditional use can be made in order to assure that Section 62-111 will be met, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Plan Commission under this Section may be taken to the Village Board.

(Code 1998, § 13-1-71; Ord. No. 2003-03, § 1(13-1-71), 3-24-2003)

1. Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection, except where the context clearly indicates a different meaning:
   1. Agent. The person designated by the owner as the person in charge of such establishment and whose identity shall be filed in writing with the Zoning Administrator upon issuance of the permit and updated five days prior to a designated agent taking charge.
   2. Bed and breakfast establishment. Has the meaning set forth in Wis. Stats. § 254.61(1).
2. As conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted pursuant to the requirements of this Article.
3. Regulations.
   1. Compliance with state standards. All bed and breakfast establishments and licensees shall be subject to and comply with Wis. Admin. Code Ch. HFS 197, relating to bed and breakfast establishments or Wis. Admin. Code HFS Ch. 195 relating to hotels, motels and tourist roominghouses.
   2. Registry. Each bed and breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigned quarters. The register shall be kept intact and available for inspection by a Village representative for a period of not less than one year.
4. Permit required.
   1. Village permit required. In addition to the permit required by Wis. Admin. Code Chs. HFS 195 or HFS 197, before opening for business every bed and breakfast establishment shall obtain a permit from the Building Inspector by application made upon a form furnished by said officer and shall obtain a conditional use permit.
   2. Application requirements. The following is required to be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this Article:
      1. Site plan showing location and size of buildings, parking areas and signs.
      2. Number, surfacing and size of parking stalls.
      3. Number, size and lighting of signs.
      4. The application fee established by the Village Board from time to time and provided in Appendix A to this Code.
   3. Display of permit. The permit issued by the Building Inspector shall be conspicuously displayed in the bed and breakfast establishment.
5. Off-street parking required. See Section 62-172(j) for number of improved required off-street parking spaces. Establishments otherwise qualifying under this Section regulating bed and breakfast establishments shall not be subject to the other requirements of the Zoning Code with respect to traffic and access.
6. On-site signs. Total signage shall be limited to a total of 12 square feet and may be lighted in such manner and nature as to not alter or deteriorate the nature of the surrounding neighborhood. Establishments otherwise qualifying under this Section regulating bed and breakfast establishments shall not be subject to the requirements of this Zoning Code with respect to signs.
7. Termination of permit. A bed and breakfast use permit shall be void upon the sale or transfer of the property ownership. The Plan Commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection (c) of this Section shall be valid until terminated by action of the Building Inspector for violation of the provisions of this Section, or of state regulations as set forth in Wis. Admin. Code Chs. HFS 195 or 197, or as provided in this Section.

(Code 1998, § 13-1-72; Ord. No. 2003-03, § 1(13-1-72), 3-24-2003)

The purpose of this Subdivision is to provide for the regulation of nonconforming buildings, structures and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses which adversely affect the maintenance, development, use or taxable value of other property in the district in which they are located shall be permitted to continue or shall be discontinued. This Zoning Code establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts and those nonconforming buildings, structures and uses which substantially and adversely affect the orderly development and taxable value of other property in the district be discontinued or reduced to conformity as soon as the fair interests of the parties will permit or be permitted to continue with certain restrictions.

(Code 1998, § 13-1-80; Ord. No. 2003-03, § 1(13-1-80), 3-24-2003)

Any nonconforming building, structure or use that existed lawfully at the time of the adoption of the ordinance from which this Chapter is derived and which remains nonconforming and any such building, structure or use which shall become nonconforming upon the adoption of the ordinance from which this Chapter is derived, or of any subsequent amendments thereto, may be continued, some for specified periods of time, subject to the regulations which follow.

(Code 1998, § 13-1-81; Ord. No. 2003-03, § 1(13-1-81), 3-24-2003)

Any lawfully existing building, structure or use which does not conform to the regulations of the district in which it is located may be continued subject to the following provisions:

1. Relocation of building or structure. A building or structure may be moved in whole or in part to any other location on the same or any other lot only after approval therefor shall have been granted by the Board of Zoning Appeals and further provided the following:
   1. That such building or structure is designated or intended for a use permitted in the district in which it is to be located.
   2. That such relocated building or structure and its use shall be made to conform to all of the regulations of the district in which it is to be located.
   3. That such relocated building or structure shall be in harmony with the general character of existing buildings or structures within the immediate neighborhood.
2. Repairs and alterations.
   1. Building or structure designed or intended for a nonconforming use. Ordinary repairs and alterations may be made to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, provided that no structural alterations shall be made in or to such building or structure except those required by law or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this Subsection (b), ordinary repairs shall include normal maintenance of a building or structure, and the replacement of storage tanks where safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the buildings or structure, except as provided in this Subsection.
   2. Building or structure designed or intended for a permitted use. Ordinary repairs and alterations, as well as structural alterations, may be made to a nonconforming building or structure that is nonconforming as to bulk, provided said ordinary repairs, alterations and structural alterations do not increase the nonconformity to the regulations of the district in which it is located.
3. Additions and enlargements. A building whether designed or intended for a use not permitted in the district in which it is located, or nonconforming as to bulk, shall not be added to or enlarged in any manner unless such additions and enlargements thereto are made to conform to all of the regulations of the district in which it is located, and unless such building or structure, including all additions and enlargements thereto, shall conform to the following:
   1. Applicable regulations concerning the amount of lot area provided per dwelling unit and lodging room, as provided in the applicable district regulations.
   2. Applicable regulations concerning the amount of usable open space provided per lot, as provided in the applicable district regulations.
4. Restoration of damaged building or structure.
   1. Building or structure designed or intended for a nonconforming use. A building or structure, all or substantially all of which is designed or intended for a use that is not permitted in the district in which it is located, or otherwise fails to comply with any provision of this Code and which is deteriorated, destroyed or damaged to the extent that the cost of restoration to a usable and habitable condition shall exceed 50 percent of the property's full market value (inclusive of real estate and improvements value), shall not be restored unless said building or structure and the use thereof shall conform to all of the regulations of the district in which it is located. In the event the cost of restoration to a usable and habitable condition is equal to or less than 50 percent of the property's full market value (inclusive of real estate and improvements value), repairs or reconstruction may be made only if such restoration is started within one year from the date of the occurrence and is diligently prosecuted to completion.
   2. Building or structure designed or intended for a permitted use. A building or structure, all or substantially all of which is designed or intended for a use that is permitted in the district in which it is located, and which is deteriorated, destroyed or damaged may be restored, except as hereinafter provided. A nonconforming use shall not be restored or reestablished in such building or structure that is deteriorated, destroyed or damaged to the extent that the cost of restoration to a usable and habitable condition in which it was before the occurrence shall exceed 50 percent of the property's full market value (inclusive of real estate and improvements value).
   3. Restoration. Notwithstanding any other provision of this Code, any structure nonconforming as to use, size, or location, may be restored to the size, location and use it had immediately prior to damage or destruction, or to a larger size if necessary to comply with applicable state or federal requirements, regardless of cost if all of the following apply:
      1. The nonconforming structure was damaged or destroyed on or after March 1, 2006.
      2. The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold or infestation.
5. Expansion of nonconforming use. The nonconforming use of part of a building or structure, whether designed or intended for a use not permitted in the district in which it is located or nonconforming as to bulk, shall not be expanded or extended into any other portion of such building or structure.
6. Nonconforming use of land. If any nonconforming use of land is discontinued for a continuous period of 90 days, it shall not thereafter be renewed; and any subsequent use of the land shall conform to the regulations of the district in which the land is located.
7. Elimination of nonconforming use. Any use of land that becomes a nonconforming use at the effective date of the ordinance from which this Chapter is derived or which becomes a nonconforming use at any future date shall be discontinued and shall cease not more than three years after the effective date of the ordinance from which this Chapter is derived or after the date such use becomes a nonconforming use in each of the following instances:
   1. Where no buildings or structures are employed in connection with such nonconforming use.
   2. Where the only buildings or structures or other physical improvements employed are accessory or incidental to such nonconforming use.
   3. Where the improvements that comprise all or substantially all of the improvements employed with such nonconforming use are underground or substantially at ground level.

(Code 1998, § 13-1-82; Ord. No. 2003-03, § 1(13-1-82), 3-24-2003; Ord. No. 2003-04, § 1, 3-24-2003; Ord. No. 2006-13, § 1, 8-14-2006)

No structure, screening, vegetation or embankment of any kind shall be erected, placed, maintained or grown between the heights of three feet and ten feet above the top of the adjacent curb, edge of asphalt if no curb is present, within a vision triangle. This prohibition does not apply to mailboxes, natural landscaping permitted adjacent to mailboxes under Section 59-59(c)(1), Village approved street trees, traffic and other government signs, and government utilities. This section is not a limitation on the Village’s authority to prohibit and regulate any other visual obstruction to a street or alley, which regulations include, but are not limited to, those provisions set forth under Section 59-27.

(Code 1998, § 13-1-100; Ord. No. 2003-03, § 1(13-1-100), 3-24-2003)

The purpose of these regulations on off-street parking is to provide for the regulation of accessory off-street parking and loading facilities and to specify the requirements for off-street parking and loading facilities for different uses. The regulations and requirements that follow are established to promote the safety and general welfare of the community by:

1. Increasing the safety and capacity of public streets by requiring off-street parking or off-street loading facilities to be provided;
2. Minimizing adverse effects of off-street parking and off-street loading facilities on adjacent properties through the requirement of design and maintenance standards; and
3. Lessening congestion and preventing the overtaxing of public streets by regulating the location and capacity of accessory off-street parking or off-street loading facilities.

(Code 1998, § 13-1-101; Ord. No. 2003-03, § 1(13-1-101), 3-24-2003)

1. Scope of off-street parking and loading regulations. The off-street parking and loading provisions of this Article shall apply as follows:
   1. For all buildings and structures erected and all uses of land established after the effective date of the ordinance from which this Zoning Code is derived, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such building or uses are located. However, where a building permit has been issued prior to the effective date of the ordinance from which this Chapter is derived and provided that construction is begun within 90 days of such effective date and diligently prosecuted to completion, parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this Chapter.
   2. When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein, parking or loading facilities as required herein shall be provided for such increase in intensity of use.
   3. Whenever the existing use of a building or structure shall hereinafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date of the ordinance from which this Chapter is derived, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Chapter.
2. Existing parking and loading facilities. Accessory off-street parking or loading facilities in existence on the effective date of the ordinance from which this Chapter is derived and located on the same lot as the building or use served shall not hereafter be reduced below or, if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this Chapter.
3. Permissive parking and loading facilities. Nothing in this Article shall be deemed to prevent the voluntary establishment of accessory off-street parking or loading facilities to serve any existing use of land or buildings, provided that there is adherence to all regulations herein governing the location, capacity, design and operation of such facilities.
4. Damage or destruction. For any conforming or legally nonconforming building or use which is in existence on the effective date of the ordinance from which this Chapter is derived, which subsequently thereto is damaged or destroyed by fire, collapse, explosion or other cause and which is reconstructed, reestablished or repaired, off-street parking or loading facilities need not be provided, except that off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation and shall comply with the provisions set forth in Section 62-172(h) and Section 62-173(e) hereinafter. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Chapter for equivalent new uses or construction.
5. Control of off-street parking facilities. In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. Such possession shall be by deed whereby the owner of the land on which the parking facilities are to be located shall be bound by a covenant filed and recorded in the office of the Register of Deeds of Dane County, requiring such owner, heirs or assigns to maintain the required number of parking facilities for the duration of the use served.
6. Submission of plot plan. Any application for a building permit or for a certificate of occupancy where no building permit is required shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this Article and any additional information as may be required by the Zoning Administrator.

(Code 1998, § 13-1-102; Ord. No. 2003-03, § 1(13-1-102), 3-24-2003)

Off-street parking facilities accessory to uses allowed by this Chapter shall be provided in accordance with the regulations set forth below as well as in Section 62-171:

1. Utilization.
   1. In the residence districts, required accessory off-street parking facilities provided for uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants or employees and not more than one truck limited to three-quarter ton capacity.
   2. In the special districts, required accessory off-street parking facilities provided for uses listed herein shall be solely for the parking of passenger automobiles or trucks not over 1 1/2 ton capacity of patrons, occupants or employees of such uses.
2. Computation. When determination of the number of off-street parking spaces required by this Article results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.
3. Mixed uses. Where two or more uses are located on the same zoning lot or within the same building, parking spaces equal in number to the sum of the separate requirements for each such use shall be provided. No parking spaces or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Plan Commission.
4. Collective provision. Accessory off-street parking facilities for separate uses may be provided collectively if the number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to.
5. Access. Adequate access to a public street shall be provided for each parking space.
6. Design standards. Each required off-street parking space shall have a stall width of at least eight feet and a stall length of at least 19 feet. Such space shall have a vertical clearance of at least seven feet. Minimum width of aisles providing access to stalls for one-way traffic shall be as follows: Aisles shall not be less than 24 feet wide for 90 degree parking, 18 feet wide for 60 degree parking, 15 feet wide for 45 degree parking (angle shall be measured between centerline of parking space and centerline of aisle), and 12 feet wide for parallel parking. For parallel parking the minimum length of the parking space shall be increased to 23 feet. No parking area of more than two spaces shall be designed as to require any vehicle to back into a public street. Those parking areas for three or more vehicles, if adjoining a residential use, shall be screened from such use by a solid wall, fence, evergreen planting of equivalent visual density, or other effective means, built and maintained at a minimum height of six to eight feet. Large expanses of unchanneled parking areas shall be avoided by interior landscaping and safety islands.
7. Location.
   1. Location to be on the same lot as the principal use or not over 500 feet from the principal use.
   2. Off-street parking is permitted in all yards of all districts except in the front yards of single-family and multifamily residence districts, but shall not be closer than five feet to a side lot line or rear lot line.
8. Surfacing. All open off-street parking areas, except a parking space accessory to a single-family dwelling, shall be improved with a bituminous or Portland cement concrete pavement in accordance with the Village of McFarland Standards and Specifications. Such parking areas shall be so graded and drained as to dispose of all surface water, and in no case shall drainage be allowed across sidewalks. Such parking areas shall also be so arranged and marked to provide for orderly and safe parking and storage of vehicles and shall be so improved with wheel stops or bumper guards to prevent encroachment into adjacent areas, lots or public ways. (See also Section 62-173(e) for additional requirements.)
9. Landscaping requirements.
   1. Landscaping. All public and private off-street parking, off-street parking areas that serve five vehicles or more and are created or reconstructed subsequent to the adoption of the ordinance from which this Chapter is derived shall be provided with accessory landscape areas totaling not less than ten percent of the surfaced area. (See also "Village of McFarland Landscaping Standards.)
   2. Location. Location of landscape areas, plant materials, protection afforded the plantings, including curbing and provision for maintenance by the property owner, shall be subject to approval by the Plan Commission.
   3. Plans. All plans for such proposed parking areas shall include a grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs, and other natural vegetation in the parking area may be included in the calculation of the required minimum landscape area.
   4. Screening. Where applicable, screening shall be provided as set forth in Section 62-174.
   5. Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with parking facilities provided in residence districts.
   6. Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. In no instance shall exterior lighting be oriented so that the lighting is visible from a property located within a residential zoning district, and in no case shall such lighting exceed 0.50 footcandles measured at the lot line. All lighting for business uses shall be extinguished or reduced in intensity not later than 30 minutes after the close of business of the use being served.
10. Parking spaces required. (Advisory only for C-C District).
    1. Where seats are not fixed, each seven square feet of gross floor area usable for seating shall be regarded as one seat.
    2. Outdoor recreation and athletic fields preserves. Parking spaces shall be provided in adequate number as determined by the Zoning Administrator to serve visiting public and employees and persons residing on premises based on standard in this Chapter for similar uses.
       
       

       Bed-and-breakfast	1 space/guest room
       Boardinghouses and dormitories	1 space/3 rooming units plus
       	1 space/manager
       Bowling alleys	5 spaces/alley plus
       	1 space per 300 sq. ft. used for bars, restaurants, etc.
       Cinemas	1 space/6 seats up to 400 seats plus
       	1 space/4 seats over 400 seats
       Houses of worship and places of public assembly	1 space/10 seats
       Clubs (service)	30% of capacity
       Community centers	30% of capacity
       Funeral homes	8 spaces/chapel or parlor plus
       	1 space/funeral vehicle
       Hospitals	1 space/2 beds plus
       	1 space/2 employees plus
       	1 space/doctor on staff
       Industrial	1 space/1.3 employees
       Lodge (resort)	1 space/1 rooms
       Laboratories	1 space/2 employees plus
       	Spaces for 20% of capacity or 1 space/rental unit
       Medical and dental clinics	1 space/300 sq. ft. per gross floor area
       Motels and hotels	1 space/unit plus
       	1 space for manager
       (1) Nonschool auditoriums, gyms, stadiums	1 space/8 seats
       Nursing homes and similar institutions	1 space/4 beds plus
       	1 space/2 employees plus
       	1 space/doctor on staff
       Office, financial institutions, business, governmental and professional	1 space/300 sq. ft. per gross floor area
       Residential:
       Elderly or efficiency	1 space/dwelling unit
       One bedroom	2 spaces/dwelling unit
       Two or more bedrooms	2 spaces/dwelling unit
       Three bedrooms	2 1/2 spaces/dwelling unit
       Four bedrooms	3 spaces/dwelling unit
       Retail and service stores:
       Animal hospitals and kennels	1 space/300 sq. ft. per gross floor area
       Auto sales	1 space/300 sq. ft. per gross floor area
       Philanthropic and charitable uses	1 space/2 employees plus
       	Adequate number to serve public
       	(as determined by Zoning Administrator)
       Car wash	1 space/3 employees plus
       	1 space for manager plus
       	space equaling 5 times the capacity of the wash
       Cartage and express facilities	1 space/vehicle operated plus
       	1 space/2 employees
       Laundries	1 space/3 employees
       Library, museum	1 space/800 gross sq. ft.
       (2) Pool hall, dance hall, pools, skating rinks, etc.	Spaces equal to 30% of capacity in persons
       Printing and publishing	1 space/3 employees
       Radio and TV stations	1 space/300 sq. ft. per gross floor area
       Service stations	1 space/each service by plus
       	1 space/2 employees plus
       	1 space for manager
       Taverns and restaurants	Space equal to 30% of capacity in persons
       	Leasable area (gross floor area) plus
       	4 spaces per 1,000 sq. ft. gross floor area
       	5 spaces per 1,000 sq. ft. in excess of 2,000 sq. ft.
       Not listed above:	4 spaces/1,000 sq. ft. gross floor area for centers 25,000 to 400,000 sq. ft.
       	4.5 spaces/1,000 sq. ft. gross floor area for centers 400,000 to 600,000 sq. ft.
       	5 spaces/1,000 sq. ft. gross floor area for shopping centers over 600,000 sq. ft.
       	3 spaces/1,000 sq. ft. gross floor area for convenience grocery stores without gas pumps
       Schools:
       Elementary and middle	1 space/2 employees
       High school/college	1 space/2 employees plus
       	30% of maximum enrollment capacity
       	1 space/5 students based on max. students attended during 24 hr. period
       Warehouses	1 space/2 employees

       ⁽¹⁾ Where seats are not fixed, each seven square feet of gross floor area usable for seating shall be regarded as one seat.
       
       ⁽²⁾ Athletic fields and outdoor recreation preserves. Parking spaces shall be provided in adequate number as determined by the Zoning Administrator to serve visiting public and employees and persons residing on premises based on standards in this Chapter for similar uses.

For uses not listed in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed use as determined by the Zoning Administrator.

(Code 1998, § 13-1-103; Ord. No. 2003-03, § 1(13-1-103), 3-24-2003; Ord. No. 2011-06, § 5, 5-23-2011)

1. Loading space requirements. Unless exempted by the Plan Commission, on every lot on which a business, trade or industrial use is hereafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way:
   
   

   Use	Floor Area (Square Feet)	Loading Space
   Retail, wholesale, warehouse, service, manufacturing, and industrial establishments	2,000—10,000	1
   	10,000—20,000	1
   	20,000—40,000	2
   	40,000—60,000	3
   	Each additional 50,000	1
   Hotels, offices, hospitals, places of public assembly	5,000—10,000	1
   	10,000—50,000	2
   	50,000—100,000	2
   	Each additional 25,000	1
   Funeral homes	2,500—4,000	1
   	4,000—6,000	1
   	Each additional 10,000	1

2. Multiple or mixed uses. Where a building is devoted to more than one use or for different uses, and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such a minimum, then off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.
3. Location. Required off-street loading spaces shall be located on the same lot with the principal use requiring each space. No loading space shall be located within 25 feet of the nearest point of intersection of two streets or require any vehicle to back into a public street.
4. Design standards. Each off-street loading space shall have a width of at least ten feet, a length of at least 50 feet, and a vertical clearance of at least 14 feet. Dimensions for loading spaces in connection with funeral homes shall be reduced to ten feet in width, 25 feet in length, and eight feet in vertical clearance. All loading berths shall be completely screened from residential properties by building walls or a uniformly painted solid fence, wall, or door, or any combination thereof, not less than eight feet in height.
5. Surfacing. All open off-street loading berths, access drives, aisles and maneuvering spaces shall be improved with a bituminous pavement or Portland cement concrete pavement in accordance with the Village Standard Specifications.
6. Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence district.
7. Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
8. Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled:
   1. Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.
   2. Total berths provided shall meet the requirements based on the sum of the several types of uses served. (Areas of types of uses may be totaled before computing number of loading berths.)
   3. No zoning lot served shall be more than 300 feet removed from the central loading area.
   4. The tunnel or ramp connecting the central loading area with the zoning lot served shall not be less than seven feet in width and have a clearance of not less than seven feet.

(Code 1998, § 13-1-104; Ord. No. 2003-03, § 1(13-1-104), 3-24-2003)

1. Statement of purpose. This Section is established to recognize the public and private benefits accrued from functional and aesthetic screening between areas of incompatible land uses, the increasing demand for active and passive recreational areas, the desirability of providing visual screening of certain parking lot, commercial and manufacturing areas and the necessity of providing adequate vehicular vision clearance. Refer to the Village Landscaping Guidelines.
2. Off-street parking and loading areas. All open off-street parking areas containing more than five spaces and all open off-street loading areas shall have effective screening on each side adjoining or fronting on any residence district or any public or private street.
3. District boundary lines. Any property located in a commercial or manufacturing district shall have effective screening along lot lines adjoining any residential district, and such screening shall be not less than six feet in height. All screening shall also comply with the Village Landscaping Guidelines.
4. Minimum and maximum height of screening. Refer to Sections 59-25(c) and 62-169.

(Code 1998, § 13-1-106; Ord. No. 2003-03, § 1(13-1-106), 3-24-2003)

1. In residential districts, refer to Section 62-70.
2. In commercial districts, refer to Section 62-71.

(Code 1998, § 13-1-107; Ord. No. 2003-03, § 1(13-1-107), 3-24-2003)

Refer to Section 8-555.

(Code 1998, § 13-1-108; Ord. No. 2003-03, § 1(13-1-108), 3-24-2003)

1. Purpose. The purpose and intent of this Section shall be to:
   1. Provide uniform regulation of all signal receiving antenna devices;
   2. Facilitate the provision of wireless telecommunication services to residents and businesses within the corporate boundaries of the Village of McFarland;
   3. To protect the public health, safety and general welfare of the community, public and private property, community aesthetics and to minimize the impact on the natural environment including hazards to migratory birds;
   4. To minimize the visual impacts of towers, antennas and associated buildings through design and siting requirements;
   5. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of visible towers needed to serve the community; and
   6. Avoid damage to adjacent properties from tower failure through structural standards and setback requirements.
2. Definitions.
   1. Antenna. Any transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, radar signals, wireless telecommunications signals, including but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.
   2. Available site. Any existing telecommunications facility which has fewer current users than it was designed or intended to accommodate.
   3. Co-location. The mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting or receiving radio frequency signals for communications purposes and, if mounted or installed on a tower, does not result in a substantial increase in the size of the tower.
   4. Commercial. Relating to or for the purpose of engaging in commerce or business activity.
   5. Concealed site. Any site in which a tower and antenna are completely hidden from view, such as a church steeple, a building cupola, or other structure.
   6. Equipment building, shelter, or cabinet. A cabinet or building used by telecommunication providers to house equipment at a facility.
   7. Guyed tower. A tower that is supported in whole or in part by wires or cables and ground anchors.
   8. Height of an antenna or tower. The height of a communication antenna or tower is determined as the distance from ground level to the highest point on the tower, including the antenna and lightning rod.
   9. Monopole. A tower consisting of a single pole constructed without guy wires and anchors.
   10. Substantial increase in size of the tower. In the context of co-location means:
       1. The mounting of the proposed antenna on a tower, would increase the existing height of the tower by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except this limit may be exceeded and not be considered a substantial increase in the size of the tower if the exceedence is necessary to avoid interference with existing antennas; or
       2. The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; or
       3. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting or installation may be exceeded and not be considered a substantial increase in the size of the tower if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or
       4. The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.
   11. Telecommunication facility. Any plant or equipment used to carry wireless telecommunications services by radio signal or other electromagnetic waves or optical signals, including towers, antennas, equipment buildings, parking areas, and other accessory development.
   12. Telecommunication site. A parcel of land or any building which contains, houses, or supports an antenna, tower, or facility used for telecommunications.
   13. Tower. A mast pole, spire, monopole, guyed communication tower, lattice tower, free-standing tower, other structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, designed and primarily used to support antennas above grade.
   14. Unused telecommunication facilities. Telecommunication facilities corresponding with a tower which has not carried a telecommunications signal for a period of 90 days.
   15. Village-owned site. Any property owned by the Village of McFarland which the Plan Commission has designated as a potential telecommunications site.
   16. Wireless telecommunication service provider. Licensed wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public or used within a private system.
3. Existing antennas and towers. All telecommunication facilities approved after March 28, 2011, shall conform to this Section. Telecommunications facilities in existence as of March 28, 2011, which do not conform to or comply with this Section, are subject to the following provisions:
   1. Telecommunications facilities may continue in use for the purpose now used and as now existing but may not be replaced or materially altered without complying in all respects with this Chapter.
   2. If such telecommunications facilities are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower and corresponding telecommunications facilities may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building and zoning permit therefore without otherwise complying with this Section, provided, however, that such repair is fully completed within 12 months of the date of damage. However, if the cost of repairing the tower to its former use, physical dimensions, and location would exceed 50 percent of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this Section.
   3. An additional equipment building or cabinet may be approved at an existing site if additional antennas can be accommodated on the tower. Such buildings or cabinets will be subject to Site/Design review, and will require the approval of the Plan Commission. The Plan Commission may require design alterations, landscaping improvements, and other improvements as conditions of approval.
   4. If an applicant desires to reestablish an unused telecommunication antenna, or establish an antenna not previously permitted on an existing tower with at least one user, Subsection (c)(3) shall apply.
4. Minor alterations. Replacement of previously approved antennas affixed to an existing telecommunications facility or repairs to an existing telecommunications facility not subject to Subsection (c) shall be considered a minor alteration to an existing telecommunications facilities permit. Such a minor alteration may be approved by the Building Inspector. If the Building Inspector does not approve the alteration, or does not approve the alteration within 30 days of filing an application, the applicant may apply to the Plan Commission in accordance with the telecommunications facilities permit standards contained herein. If such replacement is not fully accomplished within one year of the date of damage then the antenna shall be treated as a new antenna.
5. Exempt facilities. The following facilities shall be exempt from this Section.
   1. Non-commercial telecommunications facilities designed for reception of television and reception of radio signals which are less than 40 feet in height if free-standing, and less than eight feet in height if roof-mounted.
   2. Non-commercial telecommunications facilities designed for the reception and transmission of radio signals which are used for amateur radio purposes, provided they comply with the following:
      1. The tower, if any, is used by a federally licensed amateur radio operator.
      2. The tower, if any, is installed, erected, maintained, and/or operated within a residential zoning district.
      3. The height of the tower, if any, is less than 50 feet in height if free-standing, and 15 feet in height if roof-mounted. A free-standing tower in excess of 50 feet in height or a roof-mounted antenna in excess of 15 feet in height shall require a conditional use permit.
      4. The antenna use involved is accessory to the primary use of the property, which is not a telecommunications facility.
      5. The use of more than one support structure on any parcel shall require a conditional use permit.
      6. Sufficient anti-climbing measures have been incorporated into the structure, as needed, to reduce the potential for trespass and injury.
      7. The tower, if any, shall not be located in the front yard.
      8. The tower, if any, shall not infringe upon the requirements of the Federal Aviation Administration (FAA).
      9. The installation and use of every private antenna shall be in conformity with the Federal Communications Commission's Regulations.
   3. Publicly owned and operated telecommunications facilities required in the public interest to provide and maintain a radio frequency telecommunication system, including digital, analog, wireless or electromagnetic waves, for police, fire and other municipal services.
   4. Temporary telecommunications facilities including portable facilities erected to maintain communications services in emergency situations after a declaration of emergency or disaster applicable to the Village of McFarland issued by the President of the United States, Governor, or Emergency Management Director. Such exemption shall not exceed a period of 90 days or the duration of the emergency or disaster declaration whichever is longer. Such facilities may be subject to such other reasonable rules, regulations and orders necessary to protect the public health, safety and welfare.
6. Co-location required. No proposal for the construction of a new telecommunications tower shall be approved unless the applicant documents to the satisfaction of the Plan Commission that the antenna planned for the proposed tower cannot be:
   1. Reasonably accommodated on a Village-owned water tower.
   2. Located on other Village-owned sites which the Village is willing to make available for mounting or installing the antenna.
   3. Located on an existing tower, building or structure. Before the Plan Commission may conclude the antenna cannot be located on an existing tower, building or structure, it must find one or more of the following circumstances exist:
      1. The planned equipment would exceed the structural capacity of all existing or approved towers or buildings, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned or equivalent equipment. Cost may not be the sole basis of a finding of the existence of this circumstance.
      2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at all available towers or buildings as documented by a qualified professional and the interference cannot be prevented. Cost may not be the sole basis of a finding of the existence of this circumstance.
      3. Existing or approved towers and buildings within an area where an antenna is necessary to fill a gap in service of the telecommunications provider cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a professional engineer.
      4. All reasonable efforts have been undertaken prior to application to obtain approval to collocate on an existing or approved tower or building.
      5. Other reasons that make it impractical to locate the planned telecommunications equipment upon an existing or approved tower or building.
7. Conditional use permit and site/design plan. Telecommunications facilities and antennas shall be allowed in all zoning districts upon approval by the Plan Commission of a conditional use permit and site/design plan.
   1. Application. Application for a conditional use permit and site/design plan shall incorporate the design submittal requirements identified under Subsections (j) and (k) and be submitted to the Community Development Director for review by the Plan Commission.
   2. Determination of completeness. Before submitting the application to the Plan Commission, the Community Development Director shall review the application and determine whether the application is complete and shall notify the applicant within 30 days of submittal if the application is deemed incomplete.
   3. Time for review. Unless an extension of time is granted by the applicant, the Plan Commission shall approve or disapprove the application within 90 days for all co-location applications or 150 days for all other applications. The review period set forth herein is imposed solely for purposes of complying with FCC rulings relating to the reasonableness of time for review and failure to take final action as provided herein shall not be deemed an automatic approval or to deprive the Plan Commission of jurisdiction to act.
   4. Denial of application. If the application is denied, the Plan Commission shall provide, at the time of denial a written decision containing a detailed explanation of the reasons for denial. All such reasons shall be supported by substantial evidence contained in a written record separate from the written decision.
   5. Co-location. A condition of all conditional use permits for new towers shall be the requirement that whenever co-location is physically possible, other users shall not be unreasonably refused permission to collocate on the tower. Such permission may be subject to a written agreement under commercially reasonable terms and conditions consistent with prevalent industry standards.
8. Tower and antenna design standards. Proposed or modified towers and antennas not subject to Subsections (c) (d), or (e) shall meet the following design requirements:
   1. Any proposed new telecommunications facility shall be designed to accommodate at least four users. However, concealed sites may be permitted to accommodate a single user of if the Plan Commission approves.
   2. Any new proposed tower shall have an accessory equipment building to house all necessary equipment. Such accessory equipment building shall be designed to blend in with the surrounding environment and shall be no closer than 30 feet to an adjacent property line. Any back-up generators shall comply with all applicable noise and sound regulations and may be required by the Plan Commission to incorporate additional noise abatement measures.
   3. New towers shall be of a monopole design unless the Plan Commission determines that an alternative design is preferred in cases where structural or design considerations, neighborhood compatibility, location availability, or the number of potential co-locations warrants this consideration.
   4. In all residential districts, towers and antennas shall be designed to blend into the surrounding environment through the use of color and design, except in instances where color is dictated by federal or state authorities.
   5. In all residential districts, the minimum setback from any property line, public right-of-way, building or structure, except for accessory equipment building for a wireless telecommunication tower, shall be equal to 100 percent of the height of the tower plus ten feet from any lot line. Setbacks for new proposed telecommunication towers in all commercial, manufacturing, and agricultural zoning districts shall be determined on a case-by-case basis, using safety and welfare considerations.
   6. No part of any telecommunication antenna or tower, equipment, guyed wires, or braces shall at any time extend across or over any part of the public right-of-way, public street, highway, sidewalk, or recreational trail.
   7. Setbacks shall be measured between the base of the tower located nearest the property line and the actual property line. Accessory equipment shall be measured in a manner commonly used by the Village's Building Inspector.
   8. A tower's setback, as required by this Chapter, may be reduced or its location in relation to a public street varied at the discretion of the Plan Commission to allow the integration of a tower into an existing or proposed structure such as a church steeple, building cupola, silo, light standard, power line support device, or similar structure.
   9. Towers designed to accommodate five or less users shall not exceed 150 feet in height. Towers designed to accommodate six or more users or antennas shall not exceed 200 feet in height. In no case shall there be more than four accessory equipment buildings per telecommunication site.
   10. Towers shall be constructed out of metal or other non-flammable material, unless specifically permitted by the Plan Commission to be otherwise.
   11. Telecommunications facilities shall ensure that sufficient anti-climbing measures have been incorporated into the facility to reduce the potential for trespass and injury.
   12. When deemed appropriate by the Plan Commission, safety fencing shall be incorporated within the site accommodating the tower and its accessory equipment buildings.
   13. When deemed appropriate by the Plan Commission, proper landscaping and screening shall be incorporated into the site.
   14. No signs or advertising shall be affixed to the antenna or tower structure.
   15. No lights, reflectors, flashers, daytime strobes, steady nighttime light or other illuminating devices, other than those as may be required by the Federal Aviation Administration, shall be affixed or attached to the tower or antennas.
   16. Every telecommunication facility shall be designed and constructed so as to comply with the requirements of Wisconsin Administrative Code Chapters COMM60 through COMM66 as amended from time to time.
9. Submittal requirements. In addition to information required elsewhere in this Code, applications for a conditional use permit for telecommunications facilities and antennas shall include a site/design plan with the following information:
   1. Title block that indicates name and address of the current property owner.
   2. North arrow and graphic scale. Said scale shall not be smaller than one inch equals 100 feet.
   3. Date of original plan and latest date of revised plan.
   4. Signature of a qualified and Wisconsin-licensed engineer.
   5. Identify all property lines, easements and existing and proposed right-of-way lines with bearings and dimensions clearly labeled.
   6. All existing and proposed building structures and paved areas including walks, drives, fences, utility poles, drainage facilities and walls.
   7. For new towers identify tower setbacks and height, including a cross-section and elevation.
   8. For new towers, the tower's capacity as to type and number of antennas it can accommodate.
   9. Exterior elevations and floor plans with dimensions of all equipment buildings.
   10. For new towers, a stormwater management plan.
   11. A landscaping plan for the proposed site.
   12. For new towers description of the area affected in the event of a tower failure or collapse.
   13. Other information necessary to evaluate the conditional use application.
10. Building permit. Before issuance of a building permit, the following supplemental information shall be submitted.
    1. Affirmation that the proposed tower will comply with any applicable regulations administered by the Federal Aviation Administration.
    2. A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural, electrical, and radio frequency standards.
    3. A performance bond guaranteeing to the Village of McFarland the full cost, at the time of removal, to remove the tower, its accessory buildings, generators, and all other infrastructure if the owner of the site is financially unable to remove the tower and associated facilities.
    4. Three sets of plans approved by the Wisconsin Department of Commerce, Safety and Buildings Division for any proposed new tower.
11. Inspection. The Village may, at any time, inspect any telecommunications tower, antenna or other facility to ensure their structural integrity. If, upon such inspection, the Village determines that the facility fails to comply with such applicable codes, and that such failure constitutes a danger to persons or property, then, upon notice being provided to the owner of the facility, the owner shall have 30 days to bring the facility into compliance with the applicable codes and standards. Failure to bring the facility into compliance with the said 30 days shall constitute cause for the removal of the facility at the owner's expense.
12. Non-interference. All new or existing telecommunications services shall comply with all relevant Federal Communications Commission (FCC) and Federal Aviation Administration standards and shall not interfere with public safety and other Village and private telecommunications operations.
13. Insurance. The applicant shall provide the Village with proof of liability insurance which protects against losses due to personal injury or property damage resulting from the construction, operation or collapse of the tower, antenna or accessory equipment.
14. Enforcement. The provisions of this Section shall be enforced and penalties imposed for violations hereof as set forth herein and in Section 62-311 of this Code.
15. Fees. Appendix A sets forth the applicable conditional use permit and site/design review fees. The applicant will also be required to pay the actual cost of review by a telecommunications and safety engineer retained by the Village.

(Ord. No. 2011-05, §§ 1, 2, 3-28-2011; Ord. No. 2013-07, § 6, 8-26-2013)

Editor's note(s)—Sections 1 and 2 of Ord. No. 2011-05, adopted March 28, 2011, repealed the former § 62-206, and enacted a new § 62-206 as set out herein. The former § 62-206 pertained to signal receiving antennas, and derived from the Code of 1998, § 13-1-140; and Ord. No. 2003-03, § 1(13-1-140), adopted March 24, 2003.

1. Definitions. For the purposes of this Section, the term "wind energy systems" means windmills that are used to produce electrical or mechanical power.
2. Approval required. No owner shall, within the Village, build, construct, use or place any type or kind of wind energy system without holding the appropriate conditional use permit for said system.
3. Separate permit required for each system. A separate conditional use permit shall be required for each system. Said permit shall be applicable solely to the systems, structures, use and property described in the permit.
4. Basis of approval. The Village Board and Plan Commission shall base their determinations on general considerations as to the effect of such grant on the health, general welfare, safety and economic prosperity of the Village and, specifically, of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carry out the intent of the Zoning Code.

(Code 1998, § 13-1-141; Ord. No. 2003-03, § 1(13-1-141), 3-24-2003)

State law reference(s)—Regulations regarding wind energy systems, Wis. Stats. § 66.0401.

1. Application. The permit application for a wind energy system shall be made to the Building Inspector on forms provided by the Village. The application shall include the following information:
   1. The name and address of the applicant.
   2. The address of the property on which the system will be located.
   3. Applications for the erection of a wind energy conversion system shall be accompanied by a plat or survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat or survey shall show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system. Energy easements shall accompany the application.
   4. An accurate and complete written description of the use for which special grant is being requested, including pertinent statistics and operational characteristics.
   5. Plans and other drawings showing proposed development of the site and buildings, including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc., if applicable.
   6. Any other information that the Building Inspector or Plan Commission may deem to be necessary to the proper review of the application.
   7. The Building Inspector shall review the application and, if the application is complete and contains all required information, shall refer it to the Village Board.
2. Hearing. Upon referral of the application, the Plan Commission shall schedule a public hearing thereof following the procedures for conditional use permits in Subdivision II of this Division.
3. Determination. Following public hearing and necessary study and investigation, the Plan Commission shall, as soon as practical, render its decision and a copy be made a permanent part of the Plan Commission's minutes. Such decision shall include an accurate description of the special use permitted, of the property on which permitted, and any and all conditions made applicable thereto, or, if disapproved, shall indicate the reasons for disapproval. The Plan Commission may impose any conditions or exemptions necessary to minimize any burden on the persons affected by granting the special use permit.
4. Termination. When a special use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the Plan Commission following a public hearing thereon.
5. Changes. Subsequent change or addition to the approved plans or use shall first be submitted for approval to the Plan Commission and if, in the opinion of the Plan Commission, such change or addition constitutes a substantial alteration, a public hearing before the Plan Commission shall be required and notice thereof be given.
6. Approval does not waive permit requirements. The approval of a permit under this Article shall not be construed to waive the requirement to obtain electrical, building or plumbing permits prior to installation of any system.

(Code 1998, § 13-1-142; Ord. No. 2003-03, § 1(13-1-142), 3-24-2003)

1. Additional standards. Wind energy conversion systems, commonly referred to as windmills, which are used to produce electrical power, shall also satisfy the requirements of this Section in addition to those found elsewhere in this Article.
2. Application. Applications for the erection of a wind energy conversion system shall be accompanied by a plat or survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat or survey shall show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system. Energy easements shall accompany the application.
3. Construction. Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.
4. Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dB(A) scale, measured at the lot line.
5. Electro-magnetic interference. Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with radio and/or television broadcasting or reception. In the event that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
6. Location and height. Wind energy conversion systems shall be located in the rear yard only and shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this Chapter; however, all such systems over 75 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy conversion system conditional use permit application.
7. Fence required. All wind energy conversion systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posed on the fence warning of high voltages.
8. Utility company notification. The appropriate electric power company shall be notified, in writing, of any proposed interface with that company's grid prior to installing said interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit.

(Code 1998, § 13-1-143; Ord. No. 2003-03, § 1(13-1-143), 3-24-2003)

1. Purpose. The purpose and intent of this Section shall be to encourage the efficient and effective development and use of solar energy systems while protecting the public health, safety, aesthetics and general welfare of the community's citizens.
2. Permit. All solar energy collection systems shall require a building permit.
   
3. Ground mounted solar energy collection systems (accessory use) shall comply with the requirements for accessory structures. The area under ground mounted solar energy systems are exempt from lot coverage and impervious surface requirements if the area under the system contains vegetative ground cover.
4. Building, roof and canopy mounted solar energy collection systems (accessory use) shall comply with the height limits and setbacks for principal structures, when affixed to a principal structure, or accessory structures, when affixed to an accessory structure, with the exemption that the height limits for a principal structure, or accessory structure, may be exceeded by up to twelve (12) inches on a pitched/sloped roof and up to ten (10) feet on a flat roof to accommodate solar energy collection systems.
   
5. Solar Energy Collection Systems, Ground Mounted (Principal Use-Solar Farm):
   1. Permits. A conditional use permit and site design review permit shall be required for approval by the Plan Commission prior to issuance of a building permit.
   2. Foundations. A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards given local soil and climate conditions.
   3. Power and Communication Lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground.
   4. Maximum Height. Systems, equipment, and structures shall not exceed thirty (30) feet in height when ground mounted.
   5. Setbacks. Ground mounted solar energy collection systems shall have a minimum setback for all equipment, excluding fences, of twenty-five (25) feet from the front lot line and ten (10) feet from side or rear lot lines, subject to modification as approved by the Plan Commission as part of a conditional use permit and site design review permit.
   6. Stormwater Management & Erosion Control. Solar farms are subject to all Village of McFarland stormwater management and erosion control provision requirements. The area under ground mounted solar energy systems are exempt from lot coverage and impervious surface requirements if the area under the system contains vegetative ground cover.
   7. Ground Cover. Soils shall be planted and maintained for the duration of operation in perennial vegetation to prevent erosion, manage run off, and improve soil. Vegetation under ground mounted solar energy collection systems should consist of native pollinator-friendly vegetation, or similar prairie grass seed mix, that will result in a short stature prairie with a diversity of forbs or flowering plants that bloom throughout the growing season. Seed mixes and maintenance practices should be consistent with recommendations made by qualified landscape architects or natural resource professionals such as those from the Wisconsin Department of Natural Resources, County Land & Water Resources Department, or Natural Resource Conservation Service. Shrubs may be used in buffer areas as appropriate for visual screening.
      
   8. Fencing and Security. Systems equipment and structures shall be fully enclosed and secured by a fence or wall per the requirements in Sec. 8-369. Knox boxes and keys, or other similar measures as approved by the McFarland Fire & Rescue Department, shall be provided at locked entrances for emergency personnel access. An appropriate warning sign shall be provided at the entrance to the facility and shall include the facilities 911 address and a twenty-four hour emergency contact number.
      
   9. Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. The Zoning Administrator may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning.
6. Any conditions or restrictions placed on the solar energy collection system shall be limited to those that serve to preserve or protect the public health and safety, or do not significantly increase the cost, or decrease the efficiency of the system. Conditions or restrictions that allow for an alternative system of comparable cost and efficiency may also be imposed.

1. Building permit required. No owner shall, within the Village, build, construct, use or place any type of an accessory building, including prefabricated accessory buildings, until a building permit shall have first been obtained from the Building Inspector. Application for an accessory building permit shall be made in writing to the Building Inspector. With such application, there shall be submitted a fee pursuant to the Village Building Code and a complete set of plans and specifications, including a plot plan or drawing accurately showing the location of the proposed accessory building with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this Section, the application shall be approved.
   1. Permit Exemptions. Children's play structures, including elevated play structures, swing sets, slides, but excluding enclosed playhouses, shall not require a building permit but shall meet the requirements of this section. Play structures shall not be used for storage.
      
2. Principal structure to be present. An accessory building or structure in any zoning district shall not be established prior to the principal building or structure being present or under construction on the zoning lot. Any accessory building or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
3. Temporary Accessory Uses, Buildings or Structures. Temporary accessory building, use or structure may be established subject to the following regulations:
   1. Temporary storage buildings. Temporary buildings for storage of building materials and equipment and for construction purposes are allowed when on the same or adjoining lot as the principal use for a period not to exceed the duration of such construction.
   2. Temporary offices. Temporary real estate offices for purposes of conducting sale of property in the tract are allowed where such temporary office is located for a period not to exceed two years from the date of start of construction or one year after the initial occupancy of an improvement, whichever is lesser.
4. Use restrictions in Residential District. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations as defined herein and shall not be occupied as a dwelling unit. Accessory buildings shall not be used for residential dwelling purposes, including the installation of water or sanitary sewer services. Under no circumstances may a tent be used as a dwelling, an accessory storage structure, or children's playhouse.
   
5. Accessory buildings in Special and Residence Districts.
   1. Maximum Size. The cumulative total area of all detached accessory buildings shall not occupy more than forty (40) percent of the area of the rear yard, or the ground floor size of the principal structure on the zoning lot, whichever is less, with the following exemptions:
      
      1. Within the A1 Agriculture-Transition RH-1 Rural Homes districts the cumulative total area of all detached accessory buildings shall not occupy more than forty (40) percent of the area of the rear yard only.
      2. Within the CO Conservancy, PD Planned Development, and PD-I Planned Development Infill districts the cumulative total area of all detached accessory buildings shall be established by the Plan Commission as part of an approved site design review permit.
         
   2. Maximum Height. No detached accessory building or structure shall exceed fifteen (15) feet in height with the following exceptions:
      1. The maximum height shall not exceed twenty (20) feet in height in the RH-1 Rural Homes District. 
      2. The maximum height in CO Conservancy, PD Planned Development, and PD-I Planned Development Infill districts shall not exceed twenty (20) feet in height or as established by the Plan Commission as part of an approved site design review permit. 
      3. Agricultural accessory buildings or structures in the A1 Agriculture-Transition District, refer to Section 62-256(d). Non-agricultural accessory buildings or structures in the A1 Agriculture-Transition District shall not exceed twenty (20) feet in height.
   3. Location. Accessory buildings and structures may be located in the following locations: 
      1. Within the buildable lot area for principal structures based on the district requirements for the property, with the exception that no accessory building or structure shall be placed within that portion of the front yard principal building setback area extending across the front length of the primary structure.
      2. In a required rear yard setback a minimum of three (3) feet from any property line.
      3. In a side yard setback, if located behind the rear plane of the principal building at the time of construction, a minimum of three (3) feet from any property line.
      4. In the side or rear yard setback of a corner lot, a minimum distance from the street side lot line equal to the setback requirement for a principal building in the district.
      5. In the rear yard setback of a reversed corner lot, no closer to the street side lot line than the front yard setback of the adjacent property, for the first twenty-five (25) feet from the common property line. Beyond this distance, the minimum setback shall be equal to the setback required for a principal building in the district. 
         
   4. Materials. No accessory building shall be constructed or finished with nonresidential building materials such as nondecorative concrete block or nondecorative plywood. Unless exempted below, all accessory buildings should be constructed or finished in a complementary architectural style, materials, and colors to the principal building on the zoning lot.
      1. Agricultural accessory buildings in the A1 Agriculture-Transition RH-1 Rural Homes districts.
      2. Children's play structures.
      3. Prefabricated accessory structures less than two hundred (200) square feet in size.
         
6. Accessory buildings in Commercial and Manufacturing Districts.
   1. Maximum Size. The cumulative total area of all principal and detached accessory buildings on a zoning lot shall maintain conformance with the lot coverage requirements for the district in which the property is located.
   2. Maximum Height. The maximum height shall not exceed the maximum height for principal structures for the district in which the property is located or as approved by the Plan Commission as part of an approved site design review permit.
   3. Location. Accessory buildings and structures may be located in the following locations, subject to site design review permit approval by the Plan Commission:
      1. Within the buildable lot area for principal structures based on the district requirements for the property.
      2. In a required rear yard setback a minimum of five (5) feet from the rear lot line when adjacent to Special and Commercial and Manufacturing Districts and ten (10) feet from the rear lot line when adjacent to Residence Districts.
      3. In a side yard setback, if located behind the rear plane of the principal building at the time of construction, a minimum of five (5) feet from any property line.
      4. In the side or rear yard setback of a corner lot, a minimum distance from the street side lot line equal to the setback requirement for a principal building is the district.
      5. In the rear yard setback of a reversed corner lot, no closer to the street side lot line than the front yard setback of the adjacent property, for the first twenty-five (25) feet from the common property line. Beyond this distance, the minimum setback shall be equal to the setback required for a principal building in the district.
   4. Materials. No accessory building shall be constructed or finished with noncommercial building materials such as nondecorative concrete block or nondecorative plywood. All accessory buildings shall be constructed or finished in a complementary architectural style, materials, and colors to the principal building on the zoning lot or as approved by the Plan Commission as part of an approved site design review permit.
      
7. Landscaping uses. Accessory vegetation used for landscaping and decorating may be placed in any required yard area. Permitted vegetation include trees, shrubs and flowers and gardens.
8. Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight (8) feet above the curb level, a private garage may be erected within the front yard, provided as follows:
   1. That such private garage shall be located not less than five (5) feet from the front lot line;
   2. That the floor level of such private garage shall be not more than one (1) foot above the curb level; and
   3. That at least one-half the height of such private garage shall be below the mean grade of the front yard.
9. Garages on water front lots. In order to preserve the quality and beauty of our lakes and waterways, a private detached garage may be erected within the front or street yard as follows:
   1. There must be particular physical or topographical conditions of the property that prevent locating the garage within the standard building envelope of the lot.
   2. The garage must comply with all fire separation requirements of the applicable building code.
   3. The garage shall be located not less than ten (10) feet from the street lot line.
10. Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three (3) feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed fifteen (15) feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties. Exemptions to these requirements may be considered as part of a Plan Commission approved site design review permit.
11. Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, sun dials, flagpoles, etc., shall be permitted in setback areas but not closer than three (3) feet to an abutting property line other than a street line.
12. Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed six (6) feet in height, and a terrace of at least three (3) feet in width shall be provided between any series of such walls.
13. Terrace area restrictions. In addition to the definitions and restrictions contained in Chapter 53, Article IX, and Section 59-20, no person shall place any accessory structure or use, including landscaping ornaments, stones, children's play structures and basketball backboard/hoops, in the terrace area.
14. Outdoor furnaces. Outdoor furnaces are prohibited in all zoning districts.
15. Restrictions on Placement of Accessory Buildings in Easements. No accessory building or structure of any kind shall be placed or maintained in an easement designated for public or private utility, public sewer, public water, stormwater, drainage, public access or other purpose where placement would interfere with the purpose of the easement in the determination of the Director of Public Works or Village Engineer. This paragraph shall apply in addition to all accessory building setback standards in this section.
    

(Code 1998, § 13-1-160; Ord. No. 2003-03, § 1(13-1-160), 3-24-2003; Ord. No. 2006-02, §§ 1, 2, 4-10-2006; Ord. No. 2009-08, § 1, 3-23-2009; Ord. No. 2009-11, §§ 1, 2, 4-27-2009)

1. No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery.
2. Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences, as used in this Section, shall not include hedges and other vegetation.
3. All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises.
4. Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code.
5. Firewood storage is permissible in side and rear yards, but not more than 15 percent of the side and rear yard may be used for storage of firewood at any one time.

(Code 1998, § 13-1-161; Ord. No. 2003-03, § 1(13-1-161), 3-24-2003)

1. No manure, rubbish, inoperable vehicles, salvage material or miscellaneous refuse may be stored within any Residential or Commercial District when the same may be construed as a menace to the public health or safety or may be held to have a depressing influence upon property values in the area. Junk shall be placed in the Manufactured-Intensive Commercial District only if a conditional use permit has been approved.
2. All nonenclosed areas of the site that are used for off-street parking, loading or driveways for motor vehicles shall be paved or effectively dust-proofed and measures shall exist on-site to prevent tracking of mud from the site into public streets.

(Code 1998, § 13-1-162; Ord. No. 2003-03, § 1(13-1-162), 3-24-2003)

1. Intent. The intent of this Section is to provide a means to accommodate a small family business without the necessity of a rezoning into a Commercial District. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this Section is not to be anticipated. Relocation of the business to an area that is appropriately zoned may be necessary.
2. Accessory use. Home occupations are determined to be an allowed accessory use in all Residential Districts. Permits are not required prior to engaging in such activities, but the following standards apply:
   1. The home occupation shall be conducted only within the enclosed area of the dwelling unit or attached or detached garage;
   2. There shall be no exterior alterations which change the character thereof as a dwelling, nor shall there be any evidence of any kind visible from the exterior of the dwelling or other structure that will indicate it is being utilized in part for any purpose other than that of a dwelling or other allowed accessory use, other than those signs permitted in the district;
   3. No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises;
   4. The home occupation must not create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference, electrical emissions, any other nuisance not normally associated with the average residential use in the district, or other fire or safety hazards that are noticeably out of character with those produced by normal residential occupancy. Under no circumstances shall a kennel business qualify as a home occupation;
   5. The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises, and traffic generated by the home occupation may not exceed that which is customary to residential occupancies in the neighborhood;
   6. The sale of goods from the location of the home occupation shall be limited to items produced on-site and the sale of Tupperware, Shaklee, Amway, and Avon products or other similar activities that are customarily conducted from a residence as determined by the Zoning Administrator. The direct sale of goods produced off-site other than those described above to the consumer from the dwelling is prohibited;
   7. A permitted home occupation shall not occupy more than 25 percent of the floor area of the dwelling;
   8. Persons employed by a home occupation shall be limited to resident family members and not more than one nonresident employee;
   9. Under no circumstances shall a vehicle repair or body work business qualify as a home occupation;
   10. The home occupation must be clearly secondary and incidental to the residential use of the property;
   11. The home occupation must not unreasonably interfere with residential occupancy of other parcels in the neighborhood;
   12. Signage for the home occupation will be governed by the Village's sign ordinance;
   13. Garage sales as a type of home occupation are allowable in all Residential Districts, provided that not more than two are held on a single premises per year and that each such sale shall not exceed four days in duration;
   14. Day care is allowable as a home occupation on a residential premises. Conditional use approval may be required, however, if Wis. Stats. § 66.1017, or as it may be hereafter amended, applies;
   15. No on-site production shall be conducted that is typically only permitted in the industrial zoning districts;
   16. A kennel shall not qualify as a home occupation. Refer to Section 5-48(e) regarding kennel operations;
   17. Property owner's written permission is required as part of the compliance checklist required in Subsection (c) of this Section.
3. Compliance checklist. Notwithstanding the provisions listed in Subsections (a) and (b) of this Section, all who undertake allowed home occupations in Residential Districts shall complete and file a Compliance Checklist, in a form as approved by the Plan Commission and made available by the Village Clerk, prior to commencing the home occupation. This form shall be filed with the Village Clerkwho shall retain the form while the home occupation is in use. The filed Compliance Checklist shall be reviewed by the Zoning Administrator to determine compliance of the home occupation with this Code. Such form shall be signed by both the owner and/or occupier of the premises on which the home occupation takes place.

(Code 1998, § 13-1-163; Ord. No. 2003-03, § 1(13-1-163), 3-24-2003)

The district height limitations stipulated elsewhere in this Chapter may be exceeded, but such modifications shall be in accord with the following:

1. Architectural projections. Architectural projections such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys are exempt from the height limitations of this Chapter.
2. Special structure height limitations. Special structures such as elevator penthouses, gas tanks, grain elevators, scenery lofts, telecommunications facilities, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smokestacks are exempt from the district specific height limitations of this Chapter. Refer to Section 62-16(a)(5) for exemptions.
3. Essential services height limitations. Essential services, utilities, water towers, and electrical power and communication transmission lines are subject to conditional use permits.
4. Agricultural structures height restrictions. Agricultural structures such as barns, silos and water windmills shall not exceed in height twice their distance from the nearest lot line.
5. Public facilities height restrictions. Public or semi-public facilities such as schools, houses of worship, hospitals, monuments, sanitariums, libraries, governmental offices and stations may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement. Refer to Section 62-16(a)(5) for exemptions.

(Code 1998, § 13-1-180; Ord. No. 2003-03, § 1(13-1-180), 3-24-2003; Ord. No. 2011-08, §§ 1—3, 3-28-2011)

The yard requirements stipulated elsewhere in this Chapter may be modified as follows:

1. Uncovered stair restrictions. Uncovered stairs, landings, fire escapes and emergency escape wells may project into any yard, but not to exceed four feet into the required yard and not closer than three feet to any side lot line, and a fire escape must be eight feet or more above ground.
2. Architectural projection restrictions. Architectural projections such as chimneys, flues, sills, eaves, belt courses and ornaments may project into any required yard (setback requirements), but such projection shall not exceed two feet.
3. Cul-de-sac and curve restrictions. Residential lot frontage on cul-de-sacs and curves may be less than 80 feet at the required building setback line, provided the width at the building setback line is at least 80 feet and the street frontage is no less than 40 feet.
4. Essential services exemptions. Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this Chapter.
5. Street yard restrictions. The required street yards may be decreased in any Residential or Business District to the average of the existing street yards of the abutting structures on each side, but in no case less than ten feet in any residential district and five feet in any Business District.

(Code 1998, § 13-1-181; Ord. No. 2003-03, § 1(13-1-181), 3-24-2003)

Sirens, whistles and bells that are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this Chapter.

(Code 1998, § 13-1-182; Ord. No. 2003-03, § 1(13-1-182), 3-24-2003)

It is the intent of this Subdivision to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control and to insure that the community is adequately protected from potential hazardous and nuisance-like effects.

(Code 1998, § 13-1-200; Ord. No. 2003-03, § 1(13-1-200), 3-24-2003)

1. No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
2. Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.

(Code 1998, § 13-1-201; Ord. No. 2003-03, § 1(13-1-201), 3-24-2003)

No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the boundary of an Industrial or Commercial District.

(Code 1998, § 13-1-202; Ord. No. 2003-03, § 1(13-1-202), 3-24-2003)

No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Wis. Admin. Code Ch. NR 154.18.

(Code 1998, § 13-1-203; Ord. No. 2003-03, § 1(13-1-203), 3-24-2003)

No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code Ch. NR 154.11.

(Code 1998, § 13-1-204; Ord. No. 2003-03, § 1(13-1-204), 3-24-2003)

No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code Ch. NR 154.11(6).

(Code 1998, § 13-1-205; Ord. No. 2003-03, § 1(13-1-205), 3-24-2003)

No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Wis. Admin. Code Ch. NR 154.19.

(Code 1998, § 13-1-206; Ord. No. 2003-03, § 1(13-1-206), 3-24-2003)