The following general provisions apply to the uses outlined in this division:

(1)

Site restrictions. No land shall be used or structure erected where the land is found unsuitable for such use of structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. If the zoning administrator, in applying the provisions of this section, shall determine that the land is not suitable for certain uses, they shall, in writing, recite the particular facts upon which the conclusion is based. The applicant shall have an opportunity to present evidence contesting such unsuitability if they so desire, and in the cases of soil suitability and wetland or conservancy boundaries, the applicant may request the assistance of the U.S. Department of Agriculture, Soil Conservation Service through contacting the Southeastern Wisconsin Regional Planning Commission. Through a memorandum of understanding with the commission, a qualified soil scientist will make an on-site investigation and will report to the village in writing their findings regarding the land in question. Thereafter, the zoning administrator may affirm, modify or withdraw the determination of unsuitability.

(2)

Lots. All lots except those in a planned residential district (PRD) or a planned development overlay district (PDO) shall abut upon a public street. All lots shall meet the minimum lot width requirement of the zoning district they are located in, or receive a lot width zoning variance.

(3)

Principal uses and structures. A lot may contain more than one principal use, except in single family residential districts and the conservation development district (CDD). Only one principal use, and one principal structure, shall be located, erected, or moved onto a lot in a single family residential district or the conservation development district (CDD).

(4)

Private sewer and water. In any district where public sewer service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with all applicable state standards. In any district where a public water service or public sewer service is not available, the lot width and area shall meet the requirements of all applicable state standards. No outhouse or privy shall be hereafter erected, nor any such existing facility used except in an agricultural district, or as accessory to outdoor recreational areas five acres or larger in size.

(5)

Establishment of grades. Every building hereafter erected, structurally altered, or relocated shall be at a grade approved by the village manager or designee as being in satisfactory relationship with the established street grades, or with the existing street grade where none is established, with particular consideration for proper drainage and safe vehicular access.

(6)

Drainage. No principal building shall be erected, structurally altered or relocated on land which is not adequately drained at all times nor which is subject to periodic flooding, nor so that the lowest floor level is less than three feet above the highest anticipated seasonable ground water level.

a.

Alterations. The damming, filling, dredging, compacting, hard surfacing, relocating, or otherwise interfering with the natural flow or seepage of surface water along any surface water drainage area, channel or natural watercourse shall not be permitted except on a finding by the plan commission that the proposed work will not promote flooding on adjacent or downstream or upstream lands, nor significantly reduce the natural recharging of the groundwaters. No channel, watercourse or drainageway located within a floodland district shall be altered or relocated until the floodland map has been amended in accordance with the procedures set forth in subsection 122-68(i) of this chapter. In addition, no floodland or wetland conservancy use requiring a water use permit pursuant to Wis. Stats. ch. 30 or a wetland fill permit pursuant to section 404 of the Federal Water Pollution Control Act, as amended, shall be granted a building permit, an occupancy permit or a conditional use permit until the required state and/or federal permit has been secured.

(7)

Setbacks. No buildings and structures may be built within the established street setback, side setback, or rear setback except as may be otherwise established in this chapter. Underground tunnels and elevated bridges connecting buildings on adjoining parcels are permitted with a zero side or rear setback in all business, mixed use, industrial and civic use districts.

(8)

Lots abutting district boundaries.

a.

The principal residential structure may not be built closer than 100 feet from the district boundary when a single family residential district directly abuts one of the following:

1.

Any industrial zoning district.

2.

Any business zoning district.

3.

Any mixed use zoning district.

4.

Any industrial land use classification.

5.

The commercial development land use classification.

6.

The office development land use classification.

b.

When the side and/or rear lot line of a parcel or use in industrial district abuts a residential district or when there is a lot within the industrial district that is used solely and continuously for residential use, the yard requirements in the industrial district shall be increased to 100 feet from the residential district or the existing residential lot. This yard requirement shall apply to buildings or uses permitted only in the industrial districts including, but not limited to, the outside storage of bulk materials (when permitted), and the parking and maneuvering of trucks. The first 50 feet adjacent to the district boundary shall be maintained as landscaped greenspace and contain a planting screen 15 feet in depth and at least six feet high along the district boundary, within the industrial district. The space between 50 feet and 100 feet from the residential district may be landscaped or used exclusively for automobile parking.

(9)

Lots containing floodplain. No lot served by public sanitary sewer facilities shall have less than 50 percent of its required lot area at or above an elevation which is two feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five feet above the maximum flood of record. No lot one acre or less in area served by an on-site sanitary sewage disposal (septic tank) system shall contain floodplain. All lots more than one acre in area served by a septic tank system shall contain not less than 40,000 square feet of land which is at or above an elevation which is two feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five feet above the maximum flood of record.

(10)

Reduction or joint use. No lot, yard, parking area, building area or other space shall be reduced in area or dimension without prior notice to the zoning administrator and must meet the provisions of this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.

(11)

Uses are either permitted by right in a district, permitted by right with conditions, or require a conditional use permit (refer to section 122-66) in order to be developed.

(12)

Each use shall be located within a permitted building type (refer to article V of this chapter), unless otherwise specified.

(13)

Each use shall be located indoors (within a building), unless otherwise expressly stated or inherently implied.

No building, structure or land shall be used in any way other than the uses permitted in the district in which the building, structure, or land is located, with the exception of the following:

(1)

Continuation of existing uses. The continuation of any use legally permitted prior to the adoption of these regulations, but no longer in compliance with the use requirements of this chapter, shall be permitted per the regulations contained in section 122-43.

Figure 122-420.1, table of principal uses, identifies the principal uses allowed in each zoning district. Only the principal uses specified in this article, and their essential services shall be permitted. Principal uses are defined in division 3 of this article, and each defined use is given one of the following designations.

(1)

Permitted (P). These uses are permitted by right in the districts in which they are listed.

(2)

Permitted with conditions (PwC). These uses are permitted by right in the districts in which they are listed, provided they comply with the listed use-specific conditions found in division 3 of this article. These conditions are intended to mitigate potential negative land use impacts, thereby making such uses appropriate in the district where they might otherwise not have been appropriate.

(3)

Requires a conditional use permit (CUP). These uses and their accessory uses are considered special uses, and are allowed only if reviewed and approved in accordance with section 122-66. In addition, these uses must comply with all applicable use-specific conditions associated with the use and comply with any requirements of the conditional use permit.

(4)

Prohibited use. Uses without a symbol are prohibited in the district because they are considered incompatible with the intent of the district.

(5)

Additional requirements. Any use, in any district which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, may be required to be corrected or improved by such measures as are directed by the village board consistent with reasonable technological and economic practicality.

TABLE OF PRINCIPAL USES
Figure 122-420.1

(a)

Unlisted similar uses.

(1)

If a use is not listed but is substantially similar in nature and impact to a use permitted within a zoning district, the zoning administrator is authorized to interpret the use as permitted. Such unlisted use is subject to any use specific conditions applicable to the similar permitted use.

(2)

If the unlisted use is substantially similar in nature and impact to a use requiring a conditional use permit, the zoning administrator is authorized to interpret the use as also requiring a conditional use permit.

(3)

If the unlisted use is substantially similar in nature and impact to a use that is prohibited, the zoning administrator is authorized to interpret the use as prohibited.

(4)

An applicant may appeal the decision of the zoning administrator per section 122-76.

(b)

Unlisted dissimilar use. If a use is not listed and cannot be interpreted as similar in nature and impact to a use within a zoning district that is either permitted or requires a conditional use permit, the use is prohibited.

The following uses are prohibited in any district:

(1)

The manufacturing or processing of explosives, fertilizers, or animal-based glue.

(2)

Rendering plants.

(3)

Petroleum refineries.

(4)

Tanneries, stockyards and slaughterhouses.

(5)

Any use found to be detrimental to the surrounding area or to the community as a whole by reason of noise, dust, smoke, odor, traffic, physical appearance or other similar factors.

(a)

The uses permitted within each zoning district may be further limited within the building types permitted in article V of this chapter.

(b)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in the planned residential development (PRD) district, the use shall comply with all regulations of the planned residential development ordinance the structure is located within.

(c)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in the planned development overlay district (PDO), the use shall comply with all regulations of the PDO ordinance the structure is located within.

(d)

When noted as requiring a conditional use permit (CUP) in figure 122-420.1, table of principal uses, the use must obtain a conditional use permit per section 122-66 prior to the village accepting applications for building or occupancy permits.

Uses are grouped into general categories, which are further broken into subcategories and specific use types.

(a)

A category of uses regulating residential and overnight accommodations, comprised by the following:

(1)

Household living. Household living means the use of one or more dwelling units located within the principal structure of a lot by a household, in which the units may or may not share a common wall with the adjacent unit or have individual entrances from the outside. Nothing in this section shall be deemed to limit the ability of lawful occupants of a dwelling unit to have bona fide guests.

a.

Household living is comprised by the following:

1.

1-unit residential dwelling. One principal dwelling unit located on a lot that does not contain any other principal dwelling units.

2.

2-unit residential dwelling. Two principal dwelling units, both of which are located on the same lot, with no other principal dwelling units located on such lot.

3.

Multi-unit residential dwelling. Three or more principal dwelling units, all of which are located on the same lot.

i.

Combined residential and commercial uses are allowed in the C-2 and PDO districts.

ii.

Combined residential and industrial uses are allowed in the C-1, C-2, PDO, I-1 and FF districts when the use is considered an artisan craftsman use per subsection 122-434(a)(2).

iii.

All multifamily residential structures within the C-2 district shall meet the building type requirements of one of the abutting properties fronting the same street (either "storefront" or "transitional commercial" building type).

(2)

Mobile homes and mobile home parks. A mobile home means that which is or was, as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and shall include any additions, attachments, annexes, foundations and appurtenances. A mobile home park means any plot or plots of ground upon which two or more units, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the following regulations apply:

1.

All mobile homes and mobile home parks shall comply with ch. 58 of this Code.

(3)

Bed and breakfast. A bed and breakfast is any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 visitors; provides no meals other than breakfast; provides the breakfast only to the renters of the place; is the owner's personal residence; and is occupied by the owner at time of rental.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the following regulations apply:

1.

The bed and breakfast shall not alter the nature of the neighborhood and/or the character of the dwelling.

2.

The owner of the property shall obtain a license for lodging operation from the state department of agriculture, trade and consumer protection (DATCP).

3.

The owner of the property shall obtain a seller's permit from the state department of revenue, and submit the applicable taxes.

4.

Access to guestrooms shall be via a main entrance, lobby or foyer within the building. No guestroom shall have a separate exterior access, except as may be required by fire or building codes.

5.

Occupancy by any one guest shall not exceed 14 nights in a 12-month period. To facilitate enforcement of this requirement, the owner of the bed and breakfast shall maintain a guest book that records the names of guests and the length of stay, and shall make such guest book available to village staff within ten days of receipt of written request for same.

6.

No employees who are not otherwise eligible to be a member of the same household with the owner of the same household within the owner of the bed and breakfast may live on-site. No more than three non-resident employees of the bed and breakfast shall be working on-site during any one shift.

7.

Breakfast must be served daily to guests of the bed and breakfast, and breakfast must be included in the rate paid by guests. No other meals may be served by the facility. Only guests, not the general public, may partake in breakfast.

(4)

Community living arrangements. Community living arrangements, as defined in Wis Stats. § 62.23(7)(i) shall be a minimum of 2,500 feet from another such facility regardless of the capacity, unless specifically authorized by the village board.

a.

The village board of trustees may make a determination as to the effect of a community living arrangement on the health, safety or welfare of the residents of the village per Wis Stats. § 62.23(7)(i)(9). If the village board determines that the existence of a licensed community living arrangement poses a threat to the health, safety or welfare of the residents of the village, the village board shall order the community living arrangement to cease operation until a conditional use is obtained. The community living arrangement must cease operation within 90 days after the date of the order, or the date of final judicial review of the order, or the date of the denial of the conditional use permit, whichever is later.

b.

When a community living arrangement is required to obtain a conditional use permit, the proposed facility must obtain approval from the state department of health services for its proposed facility and proposed program prior to applying for a conditional use permit with the village.

c.

The number of community living arrangements shall not exceed 25 or one percent of the village's population, whichever is greater. When the capacity of the community living arrangement reaches that total, the village may prohibit additional community living arrangements from locating in the village. Agents of a facility may apply for an exception to the requirements of this subsection, and such exception may be granted at the discretion of the village.

(5)

Hotel/motel. Hotel/motel means a building or group of buildings containing more than five sleeping rooms, with or without meals, offered for compensation, that are not considered a bed and breakfast or community living arrangement defined in subsections (3) and (4) above.

(6)

Public or private campgrounds. Campgrounds are the area or place (such as a field or grove) used for a camp, camping, or for a camp meeting.

a.

All campgrounds shall comply with Wis Stats. § 97.67.

b.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in a floodland district (FW, FF, SW, or CW-1 districts) the campground shall meet the requirements found in section 122-924.

(b)

Except for 1 and 2-unit dwellings, when noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the residential and lodging use shall require site plan approval per section 122-65, and shall be deemed to be in harmony with the surrounding neighborhood.

(c)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in the floodfringe (FF) district, the residential and lodging use shall comply with the standards contained in division 4 of article IX of this chapter.

(1)

In addition to the standards noted in subsection (a)(6)(b) above, any mobile home or mobile home park located in the floodfringe (FF floodfringe district) district shall comply with the following:

a.

Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.

b.

In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall have the lowest floor elevated to the flood protection elevation, and be anchored so they do not float, collapse or move laterally during a flood

c.

Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe listed in subsection 122-942(b)(1).

d.

All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements listed in [subsection 122-942(b)(11)]. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

(a)

A category of uses regulating the civic and institutional needs of the community including assembly, public services, and educational facilities. Since these types of uses have building bulk, circulation, and parking requirements in excess of those normal to a residential neighborhood, this category is intended to provide areas that can be appropriately located and serviced in a manner not detrimental to the immediate neighborhood. The following uses comprise this category:

(1)

Places of assembly. A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse in a public or private setting, including such uses as houses of worship, community centers, libraries, auditoriums, civic centers, museums, performing arts facilities, funeral homes, cemeteries, and recreation facilities.

a.

Neighborhood assembly. An assembly use that occupies a building with less than 10,000 square feet of gross floor area.

b.

General assembly. An assembly use that occupies a building with 10,000 square feet or more gross floor area.

c.

All places of assembly shall be connected to municipal sanitary sewer and water.

d.

All places of assembly located in the I-1 district shall contain a minimum of 2.5 acres.

(2)

Non-emergency government. Large scale non-emergency community-serving facilities associated with government used for civic functions, meetings and courts.

(3)

Police and fire stations. A facility providing public safety and emergency services, training facilities, locker rooms, and limited overnight accommodations.

(4)

Hospital/medical services. A licensed institution providing medical care and health series to the community. These services may be located in one building or clustered in several buildings, and may include additional hospital-affiliated accessory uses such as laboratories, in- and out-patient facilities, training facilities, medical offices, food service, heliports, pharmacies, laundry facilities, florists, vendors of medical equipment, opticians, and gift shops.

(5)

School/preschool—8th grade. Public or private education facilities with classrooms and offices, which may also include associated indoor facilities such as gymnasiums, ball courts, theater or food service. When this use is located in a residential district, the minimum lot area shall be increased to two acres.

(6)

School/high school. Public or private educational facilities for high school. Facilities may be on a larger-scale campus and include significant traffic and parking. May include gymnasium, theater, cafeteria, offices, classrooms, athletic facilities, and athletic fields.

(7)

School/post high school. Public or private higher educational facilities that grant associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. Vocational and trade schools which are not high schools are included, as well as all dormitories associated with the educational facility.

(8)

Senior housing. An age restricted residential facility for persons 55 years or older, with an emphasis on safety, accessibility, adaptability, and longevity. These facilities include such uses as assisted living, nursing homes, graduated care facilities, and retirement communities.

(9)

Cemeteries and crematories. Facilities where the remains of dead people or pets are buried or otherwise interred. Crematories consist of facilities where a dead person or pet is cremated.

(10)

Funeral homes. An establishment where the dead are prepared for burial or cremation.

(b)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the civic and institutional use shall require site plan approval per section 122-65.

(a)

A category of uses, which may not require buildings or other facilities, generally applicable to the use of the land for active or passive, public or private, outdoor recreation, education, or entertainment. The following uses comprise this category:

(1)

Community garden. A space used to grow plants for personal use, education, recreation, community distribution, or beautification by members of the community. Community gardens may be divided into separate plats for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by community group members. Community gardens are authorized as a principal or accessory use.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the following regulations apply:

1.

The site shall have reliable and legal access to an onsite source of water. Use of water storage systems is allowed.

2.

The site shall be operated with the permission of the landowner, and in a manner that prevents the drainage of water or chemicals onto any neighboring property.

3.

Tools, supplies, and machinery shall be removed from the property daily or stored in a permitted structure. All chemicals and fuels shall be stored off the ground in an enclosed, locked structure when the site is unattended.

4.

The site must be maintained using organic agricultural practices, including the use of organic chemicals only.

5.

A composting and waste management plan, a plan for the use of organic agricultural chemicals, and soil remediation plan (if necessary) must be approved by the village prior to the issuance of a zoning permit.

6.

At the end of the growing season, and no later than December 1 of each year, all plant material must be cut to no more than six inches in height, unless there is an agricultural reason for keeping the plant material uncut.

7.

One identification sign containing the name and phone number of the contact person for the site is required. The sign shall be designed in accordance with subsection 78-7(2)(b).

8.

Operating rules. Applicants must establish operating rules addressing the governance structure of the garden, hours of operation, maintenance, assignment of garden plots when applicable, and security requirements. This information shall be included with the zoning permit application.

9.

Garden coordinator. Applicants must identify a garden coordinator to manage the garden and act as the point of contact with the village. Applicants must file the name and telephone number of the garden coordinator and a copy of the operating rules with the village.

10.

Farm stand. A community garden may have one temporary farm stand selling and/or distributing agriculture and horticultural products produced on site for no more than two consecutive days on two different occasions during a calendar year. Such stand shall be attended during all hours of sales and/or distribution and shall be permitted in accordance with subsection 122-531(b).

11.

Shade pavilions. A maximum of two shade pavilions may be permitted in accordance with subsection 122-532(a)(8).

(2)

Honey beekeeping. The keeping of honey bees includes the installation and maintenance of colonies for the common domestic honey bee Apis mellifera species for the purpose of plant pollination, establishing new bee colonies, and producing honey, beeswax, and other hive products. Colonies include a hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

a.

In addition to the regulations below, the standards of Wis. Stats. § 94.76 shall be complied with.

b.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the following regulations apply:

1.

Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.

2.

No more than four hives may be located on a lot.

3.

No hive shall exceed 20 cubic feet in volume.

4.

Each beekeeper shall ensure no wax combs or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container.

5.

Beekeeping equipment is restricted to the area behind the principal building and rooftops.

6.

Equipment shall be screened to avoid being visible from the street or sidewalk.

7.

No hive shall be located closer than 100 feet from any property line, public sidewalk, trail or path.

8.

No hive shall be located closer than 200 feet from a principal building on an abutting lot.

9.

Rooftop apiaries are allowed but shall not be located closer than 100 feet from a principal building on an adjoining lot in different ownership.

10.

A constant supply of water shall be provided for all hives on site during the active season. Water sources shall not include trickling hoses. The water sources shall include suitable floating wood or plants, or rocks for bees to land on.

11.

A flyway barrier at least six feet in height shall shield any part of a property line that is within 300 feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.

12.

In the apiaries, the beekeeper shall conspicuously post a sign including the words "HONEY BEE HIVE" and his/her name and telephone number clearly readable at 25 feet. The sign shall be designed in accordance with subsection 78-7(2)(b).

13.

A zoning permit, in accordance with section 122-62, shall be approved prior to the sale of honey on the lot containing the honey bee colony.

14.

Honey beekeeping is authorized as an accessory use in the same districts in which it is authorized as a principal use, and accessory honey beekeeping shall be subject to the same conditions set forth in this section.

(3)

Intensive park uses. A category of impactful uses which includes buildings over 2,000 square feet, golf courses, riding stables, zoos, recreation centers, gun activities, or illuminated athletic fields/courts.

(4)

Park. A use of land for active or passive, public or private outdoor space, including such uses as parks, plazas, greens, non-illuminated play fields and playgrounds, and tot lots for general recreation, athletics and leisure. May include historical structures/monuments, botanical gardens, ornamental gardens, or arboretums. Accessory uses may include picnic areas, fishing facilities, zip lines, splash pads, and swimming pools.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the following regulations apply:

1.

The procedure to accept and locate any public art within a village park shall comply with the village policy for public art and the gift or lending of such artwork to the village.

2.

Parks may be utilized to host temporary festivals, events, and markets per section 122-461.

3.

Buildings visible from the street shall meet the requirements of section 122-522.

4.

Uses within park buildings may include community spaces, gyms and other fitness facilities, classrooms, and park offices. Other uses may be approved with a zoning permit per section 122-62.

5.

Nonstructural recreational uses, such as archery ranges, picnic grounds, boat ramps, swimming areas, wildlife and nature preserves, fishing, trapping, hunting, snowmobiling, and hiking and horseback riding trails, in the FW floodway district shall meet the fill limitations of subsection 122-932(d).

b.

Additional standards within the shoreland-wetland district. The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, may be allowed in the shoreland-wetland district, provided that:

1.

Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;

2.

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;

3.

The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in subsection 122-433(a)(2)(b)(7);

4.

Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values; and

5.

The use complies with section 122-51.

(5)

Farming. This use is intended to regulate general farming, the raising and harvesting of crops; grazing of herds; hatcheries; feeding, fattening or raising of livestock, or poultry; horse riding and commercial paddocks. Farms do not require site plan approval per section 122-65; however, landscape nurseries with accessory retail sales, which are considered a farming activity, do require site plan approval per section 122-65.

a.

Permitted with conditions; regulations. When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the following regulations apply:

1.

The actual physical and operational characteristics are not detrimental to the surrounding area, and subject to such regulatory controls as will reasonably ensure against adverse impacts to the surrounding community. At a minimum the following regulatory controls shall be met:

i.

Lighting. Lighting shall be limited to that required for operational and safety purposes and shall be in compliance with the standards found in section 122-641.

ii.

Odors. No odors or fumes from a farm shall be allowed to escape into the open air in such amounts as to be detrimental to the health of any individuals or the public or create a nuisance.

iii.

Farm stand. A farm may have one farm stand selling and/or distributing agriculture and horticultural products produced on site, provided such stand shall be attended during all hours of sales and/or distribution and is in accordance with subsection 122-531(b).

iv.

Farm buildings. Farm buildings shall not be used for the storage of nonagricultural equipment, including but not limited to snowmobiles, ATVs, automobiles, boats, campers, recreation equipment, construction equipment, and nonagricultural or industrial inventory.

2.

Landscape nurseries. Landscape nurseries with accessory retail sales shall only be allowed on lots 20 acres or larger.

b.

Additional standards within the A-2 agricultural/urban fringe district.

1.

The operation of farming related activities shall only occur between the hours of 7:00 a.m. and 9 p.m. within the A-2 agricultural/urban fringe district.

c.

Additional standards within the floodplain districts.

1.

Farming uses, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting are permitted in the floodway and floodfringe districts subject to compliance with subsection (6) below.

d.

Additional uses within the shoreland-wetland district. The following farming uses, which may involve wetland alterations but do not require the issuance of a zoning permit, are permitted in the shoreland-wetland district to the extent specifically provided below:

1.

The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected.

2.

The cultivation of cranberries, including limited wetland alteration necessary for the purpose of growing and harvesting cranberries.

3.

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.

4.

The maintenance and repair of existing drainage systems to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible.

5.

The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance.

6.

The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance.

7.

The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetlands listed in subsection 122-51(b).

8.

The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

e.

Additional uses within the CW-1 district. Subject to compliance with section 122-52, the following farming uses are permitted in the conservancy-wetlands district provided that such use shall not involve the erecting or placing of a structure:

1.

Grazing.

2.

Horticulture.

3.

Open parking and loading areas provided that such use shall not be subject to inundation depths greater than two feet or flood velocities greater than two feet per second.

4.

Open markets.

5.

Outdoor plant nurseries.

6.

Pasturing.

7.

Sod farms.

8.

Truck farming. Truck farming is the horticultural practice of growing one or more vegetable crops on a large scale for shipment to distant markets. It is usually less intensive and diversified than market gardening.

9.

Harvesting of wild crops such as marsh hay, ferns, moss, berries, tree fruits, and tree seeds when adjacent to areas located in the A-1 agricultural district.

10.

Viticulture (grape growing).

11.

Wildlife preserves.

(6)

Floodland uses.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the following regulations apply:

1.

The use shall meet the applicable standards in division 5 of article I, and article IX, of this chapter; and

2.

All permits or certificates shall be issued according to subsection 122-12(d).

(b)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the agricultural or open space use shall require a zoning permit per section 122-62, which shall only be approved if the use is in harmony with the surrounding neighborhood.

(c)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in a floodland district (FW, FF, SW, or CW-1 districts) the agricultural or open space use shall meet the requirements found in division 5 of article I, and article IX, of this chapter, for the floodland district in which the use is located.

(a)

A category of uses for the provision of public and private infrastructure to support other uses. Infrastructure uses typically do not include a principal building meeting the building type requirements. Accessory structures may be included. This category is comprised of the following uses:

(1)

Parking as a principal use. A lot that does not contain a permitted building of more than 1,000 square feet, is not used for open space, and is almost exclusively used for the parking of vehicles.

a.

Municipal parking lots are permitted in all districts except the single-family residential districts.

b.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the following regulations apply:

1.

Parking lots as a principal use shall require site plan approval per section 122-65.

2.

Only non-structural parking or loading areas may be permitted in the FW floodway district and FF floodfringe district, and the applicable standards of sections 122-932 and 122-942 shall apply to all non-structural parking or loading areas located in the FW floodway district and FF floodfringe district.

(2)

Transportation and utilities. A lot that is primarily utilized for the village's infrastructure needs. Transportation and utilities include such uses as electric or gas services, water treatment and storage, pumping stations, and transmission and receiving stations.

a.

Except as provided in chapter 94 of this Code, overhead and underground electric and/or telephone or communication lines are permitted uses in any district; provided, however, that when a utility proposes a main intermunicipal transmission facility, such utility shall give notice to the plan commission of such intention and of the date of hearing before the public service commission if such hearing is required. Before beginning construction of a specific route, the utility shall file with the plan commission a mapped description of the route of such transmission line for approval. Poles, towers, including wires, manholes and/or underground conduit and cable, and/or their appurtenances installed by a utility, shall not be deemed to be principal uses or structures as defined by this chapter; however, all pad-mounted transformers and pedestals shall be located as provided in section 94-155 of this Code. No zoning, or occupancy, permit shall be required for facilities covered by this provision.

b.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the following regulations apply:

1.

All transportation and utility buildings and structures shall require a zoning permit per section 122-62.

2.

Except for municipal facilities, all transportation and utility buildings shall be set back 50 feet from all residential zoning districts, and a minimum of 25 feet from all other property lines in non-residential districts.

3.

All electric, telephone, and communication distribution lines and laterals, including CATV cables installed after January 1, 2000 shall be placed underground.

4.

The infrastructure shall be suitably screened from the right-of-way and any adjacent residential property per the requirements of section 122-632.

5.

Transportation and utilities are not required to satisfy a building type.

6.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in a floodland district (FW, FF, or CW-1 districts) the transportation and utility use shall meet the requirements found in division 5 of article I, and article IX, of this chapter, for the floodland district in which the use is located.

7.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in a shoreland-wetland district (SW), the construction and maintenance of roads, which are necessary for the continuity of the village road system, the provision of essential utility and emergency services, or to provide access to uses permitted in the shoreland-wetland district (SW), are allowed although they may include wetland alterations, only to the extent specifically provided below:

i.

The road cannot, as a practical matter, be located outside the wetland;

ii.

The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland;

iii.

The road is designed and constructed with the minimum cross sectional area practical to serve the intended use;

iv.

Road construction activities are carried out in the immediate area of the roadbed only; and

v.

Any wetland alteration must be necessary for the construction or maintenance of the road.

8.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in a shoreland-wetland district (SW), the construction and maintenance of electric and telephone transmission lines, water and gas distribution lines, railroad lines, and sewage collection lines and related facilities, only to the extent specifically provided below:

i.

The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;

ii.

Only limited filling or excavating necessary for such construction or maintenance is allowed; and

iii.

Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in [section 122-51].

(3)

Airports, airstrips, and land fields. When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, these uses require a parcel with a minimum of 20 acres.

(4)

Telecommunication facilities and antennas.

a.

Purpose and intent. The purpose and intent of this paragraph is to strike a balance between the state and federal interest concerning the construction, modification and siting of telecommunication towers and antennas for use in providing personal wireless services, and the interest of the village in regulating local zoning. This paragraph is intended to regulate wireless telecommunication facilities and antennas to the full extent allowed by Wis. Stats. § 66.0404 and other applicable laws. Nothing herein is intended to regulate or authorize the regulation of a wireless telecommunication facility or antenna in a manner that is preempted or prohibited by Wis. Stats. § 66.0404 and other applicable laws. The goals of this paragraph are to protect residential areas and land uses from the potential adverse impacts of towers and antennas; minimize the total number of towers throughout the community; encourage the joint use of new and existing tower sites as a primary siting option rather than construction of additional single-use towers; minimize the visual impact of towers and antennas; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. It is also the intent of this section to provide a public forum to insure a balance between public concerns and private interests in establishing commercial telecommunication and related facilities.

b.

Additional requirements. In addition to the requirements of section 122-66, the following additional information must accompany an application proposing the construction, or substantial modification, of a new telecommunication facility:

1.

A construction plan, meeting the provisions of Wis. Stats. § 66.0404(2)(b)5, which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

2.

An explanation, meeting the provisions of Wis. Stats. § 66.0404(2)(b)6, stating why the applicant chose the proposed location, and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size and adverse environmental impacts, including aesthetics, of facilities necessary to provide the needed services to the village and surrounding areas. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the village board making a finding that the proposed site results in fewer or less severe environmental impacts, including aesthetics, than any feasible alternative site. The village may require independent verification by a qualified engineer of this analysis at the applicant's expense.

c.

Fee. In addition to the fee established in chapter 42 of this Code, costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be imposed shall be charged to the petitioner. Such fees shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).

d.

Determination of completeness. Village staff shall review the application and determine whether the application is complete within ten days of submittal, per Wis. Stats. § 66.0404(2)(c). If the application includes all the required information, the application shall be found to be complete. If the application is incomplete, village staff shall notify the applicant in writing within ten days of receiving the application, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their applications as often as necessary until the application is complete

e.

Action. Per Wis. Stats. § 66.0404(2)(d), within 90 days of its receipt of a complete application, unless the applicant and the village agree in writing to an extension, the village shall complete all of the following or the applicant may consider the application approved:

1.

Review the application to determine whether it complies with all applicable aspects of the village's zoning and building codes.

2.

Make a final decision whether to approve or disapprove the application.

3.

Notify the applicant, in writing, of its final decision

4.

If the decision is to disapprove the application, the village shall provide substantial evidence which supports the decision.

f.

Potential denial. The village may disapprove an application, per Wis. Stats. § 66.0404(2)(e), if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement required in subparagraph (b)(2) above.

g.

Appeal. Per Wis. Stats. § 66.0404(2)(f), a party who is aggrieved by the final decision of the village may bring an action in the county circuit court.

h.

Conditional use permit. When noted as requiring a conditional use permit (CUP) in figure 122-420.1, table of principal uses, all telecommunication facilities must obtain a conditional use permit per section 122-66 prior to the village accepting applications for building or occupancy permits.

1.

All telecommunication facilities located in a FF floodfringe district shall comply with section 122-942.

i.

Location. All new telecommunication facilities shall be located so as to minimize their visibility and the number of tower sites. To this end, a good faith effort in achieving co-location shall be required of the requestor and host entity, subject to existing co-location contracts; and all of the following measures shall be implemented for telecommunication facilities:

1.

No telecommunications tower shall be installed closer than one-quarter mile from another telecommunications tower, measured from the base of the telecommunications tower to the base of the proposed tower, unless credible evidence to a reasonable degree of certainty acceptable to the zoning administrator is submitted showing a clear need for said new tower and the infeasibleness of co-locating it on an existing site. For the purposes of this requirement, exempt telecommunications facilities unavailable for co-location shall not be included in the one-quarter mile computation;

2.

No telecommunications tower shall be installed on a parcel or lot unless the applicant demonstrates that no tower in the area that the applicants equipment could be located on is of sufficient height to meet applicant's requirements, and any deficiency in height cannot be remedied at a reasonable cost; or the existing tower is not of sufficient strength to support applicant's equipment and the deficiency in structural strength cannot be remedied at a reasonable cost; or the applicant's equipment would cause electromagnetic interference with equipment on the existing telecommunications tower(s) within the area in which the applicant's equipment must be located, or the equipment on the existing telecommunications tower(s) would cause interference with the applicant's equipment and the interference, from whatever source, cannot be eliminated at a reasonable cost; or the fees, costs or contractual provisions required by the owner in order to co-locate on an existing communication tower are unreasonable relative to industry norms; or the applicant demonstrates that there are other factors that render existing communication towers unsuitable or unavailable and establishes that the public interest is best served by the placement or construction of a new telecommunications tower.

3.

Telecommunications towers, guy wires, appurtenant equipment and buildings shall comply with the yard and set back requirements of the zoning district in which they are located and, in addition thereto, all telecommunications towers shall be set back a distance equal to or greater than the height of the tower from a zoning district that permits a single-family residential use.

j.

Requirements.

1.

Before a new tower site is requested, all the existing tower facilities shall be considered and evaluated. If an existing facility cannot be used, a justification report, citing the reasons it cannot be used must be provided with the application as described in subsection (a)(4)(b)(2)).

2.

All new antenna support structures shall be nonflammable mono-poles; which are defined as a smooth, tapered pole, without stepped sections or guy wires.

3.

All new telecommunications towers shall be structurally and electrically designed to accommodate at least three separate antenna arrays, unless credible evidence is presented that said construction is economically and technologically unfeasible, or the village board determines that for reasons of aesthetics, or to comply with the standards of section 122-66, a telecommunications tower of such height to accommodate three antenna arrays is unwarranted. Multi-user telecommunications towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights. Parking areas, access roads, and utility easements shall be shared by site users, at fair market rates as determined by customary industry standards, when in the determination of the village board this will minimize overall visual impact to the community.

4.

If a telecommunication facility shall cease to be used for a period exceeding one year and a day, the owner or operator of said facility shall remove the facility upon the written request of the zoning administrator at no cost to the village within 60 days of said request.

5.

The telecommunication facility shall not create any significant impact on the quality of the human environment pursuant to 47 C.F.R. § 1.1307, including potential impacts to historic or cultural resources listed, or eligible for listing, in the National Register of Historic Places.

6.

Telecommunication support facilities (i.e. equipment rooms, utilities, equipment cabinets and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only) to all extent possible and, where possible, shall be sited below the ridge line or designed to minimize their impact.

7.

The proposed antenna or antenna structure and/or towers shall not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport.

8.

There shall be a setback of sufficient radius around the antenna structure that its collapse will be contained on the property and not affect regularly occupied buildings on the subject site.

9.

Telecommunication facilities shall ensure that sufficient anti-climbing measures have been incorporated into the facility to reduce potential for trespass and injury.

10.

No form of advertising shall be allowed on the antenna, antenna structure, base, framework or other buildings or facilities associated with the use.

11.

All cable to and from the antenna and/or antenna structure shall be installed underground unless the antenna is mounted on a building where cable will go directly into the structure.

12.

The site and all structures shall have monthly maintenance and an annual investigation of structural stability.

13.

Exhibits of the proposed tower structure design and design of the maintenance building and site shall be attached to the conditional use permit document.

14.

Antennas shall be designed to blend with its supporting structure. The color selected shall be one that in the opinion of the village board will minimize the visibility of the antennas to the greatest extent feasible.

15.

The exterior of all buildings shall be architecturally compatible and consistent with surrounding buildings and structures and constructed in accordance with the plan approved by the architectural control board and shall be neatly maintained at all times. Any deviation in color, material or architectural detail shall be returned to the architectural control board for reapproval.

16.

The village shall have the authority to require reasonable special design (materials, architectural features and color) of the telecommunication facilities where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, views and/or community features).

17.

Equipment buildings shall be located, designed and screened to reduce visual impacts to the extent feasible considering the technological requirements of the proposed personal wireless services and the need to be compatible with neighboring residences and the character of the community.

18.

The telecommunications facilities may not include offices, vehicle storage, or outdoor storage or broadcast studios; except for emergency purposes or other uses that are not needed to send or receive transmission as determined by the village.

19.

There shall be adequate space on site to accommodate maintenance vehicles.

20.

A site grading and stormwater drainage plan shall be reviewed and approved by the engineering and public works departments.

21.

Areas not used for parking or drives shall be landscaped according to the plan approved by the architectural control board.

22.

Parking lot and security lighting is to be installed and maintained in a manner that will avoid glare or excessive illumination spilling over on adjoining properties.

23.

There shall be specific language in site leases, specifying how lease payments are determined, or providing arbitration in the event of a dispute over the amount of rent being charged for a co-location site.

24.

Telecommunications companies that are parties to conditional use permits shall warrant the safety of the technology of the facilities and hold the village, its trustees, and employees harmless for any claims or losses to the village or its residents; including reasonable attorney fees arising from, or related to, the use of the facilities.

25.

In the case of the village leasing space to a telecommunications company for telecommunications facilities, including the antenna or antenna structure, a separate lease agreement between the village and the telecommunication company shall be required.

26.

The telecommunications company shall provide a bond, naming the village as beneficiary, in an amount sufficient to remove the antenna, antenna support structures, facility buildings, fences and driveways, and restore the site, as near as practicable, to its current condition.

27.

Any other condition recommended by the plan commission and approved by the village board of trustees.

k.

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

l.

Substantial modifications. Substantial modifications, as defined in section 122-99, shall be regulated the same as a new structure or facility, as described above, except that the required plans shall describe the proposed modifications to the support structure, and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

m.

Non-substantial modifications.

1.

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

i.

The name, business address, phone number, and email of a contact person

ii.

The location of the proposed facility

iii.

A plan showing the proposed modification(s).

2.

Any petition shall be accompanied by a fee receipt from the village clerk services department in the amount established in chapter 42 of this Code. Costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the application and preparation of the conditions to be imposed shall be charged to the petitioner. Such fee shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).

3.

The village will determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The village must notify the applicant in writing within five days of receiving the application if it is found not to be complete, specifying in detail the required information that was incomplete, per Wis. Stats. § 66.0404(3)(b). The applicant may resubmit as often as necessary until it is complete.

4.

Per Wis. Stats. § 66.0404(3)(c), within 45 days of its receipt of a complete application, unless the applicant and village agree in writing to an extension, the village shall complete all of the following or the applicant may consider the application approved.

i.

Make a final decision whether to approve or disapprove the application.

ii.

Notify the applicant, in writing, of its final decision.

iii.

If the application is approved, issue the applicant the relevant permit(s).

iv.

If the decision is to disapprove the application, the village shall provide substantial evidence which supports the decision.

5.

Per Wis. Stas. § 66.0404(3)(d), a party who is aggrieved by the final decision of the village may bring an action in the county circuit court.

6.

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

n.

Exempt facilities.

1.

Amateur radio towers installed, erected, maintained and/or operated in any residential zoning district, by a federally-licensed amateur radio operator, complying with the provisions contained in this chapter, so long as all the following conditions are met:

i.

The antenna use involved is accessory to the primary use of the property which is not a telecommunication facility.

ii.

In a residential zone, no more than one support structure for licensed amateur radio operator is allowed on the parcel.

iii.

Sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.

2.

Publicly owned and operated telecommunications facilities required in the public interest to provide for and maintain a radio frequency telecommunication system, including digital, analog, wireless or electromagnetic waves, for police, fire and other municipal services.

o.

Building type. Transmission towers are not required to satisfy a building type.

(a)

A category of uses for businesses involving activities that may not be associated with walk-in customers. The following uses comprise this category:

(1)

Office uses. A category of uses for businesses that involve the transaction of affairs and/or the training of a profession, service, industry, or government. Patrons of these businesses usually have set appointments or meeting times; the businesses do not typically rely on walk-in customers. Office uses include those similar to the uses listed below:

Architecture/engineering/design

Broadcasting, recording, and sound studio

Business consulting

Construction trade and contractor (office only)

Charitable institutions

Computer programming and support

Data processing

Educational services (tutor and testing)

Employment agency

Financial and insurance

Government offices

Laboratories, medical and dental

Optical

Legal services

Management services

Medical and dental offices (other than in hospitals or on a hospital campus)

News agency

Physical therapy/physical rehabilitation

PR and advertising

Property development

Real estate and apartment finders

Research and development

Support offices for other uses

Surveying

Trade school/training center

(2)

Artisan craftsman. A use that includes a showroom or small retail outlet and production space, and involves small scale production, assembly, and/or repair with little to no noxious by-products. This use may also include associated facilities such as offices and small-scale warehousing, but distribution is limited as determined by the zoning administrator. Artisan craftsman uses include those similar to the uses listed below:

Agricultural growing, such as aquaculture

Apparel and finished fabric products

Bakery and confections

Beverages, including beer, wine, liquor, soft drinks, and coffee

Botanical products

Brooms and brushes

Canning and preserving food

Cut stone and cast stone

Dairy products

Electrical fixtures

Engraving

Fabricated metal products

Film making

Furniture and fixtures

Glass

Household textiles

Jewelry, watches and clocks

Leather products (no tanning)

Meat and fish products (no processing on site)

Musical instruments and parts

Pasta, chips and similar products

Pottery, ceramics, and related products

Shoes and boots

Silverware

Small goods manufacturing

Smithing

Taxidermy (with incidental tanning)

Textile, fabric and cloth

Toys and athletic goods

Upholstery

Woodworking

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the artisan craftsman use shall comply with the following regulations:

1.

Maximum size. The maximum overall gross floor area is limited to 20,000 square feet.

2.

Required showroom. A minimum ten percent of gross floor area, or 500 square feet, whichever is smaller, shall be dedicated to a retail area located at the front of the space. The retail space is required to be open to the public and include retail sales within the allowable business or mixed use districts.

3.

Outdoor storage and activities. Outdoor storage and outdoor activities, with the exception of outdoor dining associated with clause 4 below, are not permitted in any district except for the I-2 heavy industrial district, A-1 agricultural district, A-2 agricultural/urban fringe district and FF floodfringe district.

4.

Eating and drinking place. A food and/or beverage production use may serve food and beverages as an accessory use. The gross floor area of the accessory use shall not exceed 49 percent of the overall building area. The eating or drinking place use is subject to conditions in subsection 122-437(a)(8).

5.

Additional application information. The zoning administrator may request additional information to ensure proper evaluation of such application. Such information may include ventilation plans, material characteristics, drainage plans, waste disposal plans, and chemical disposition plans to verify any waste/pollutants associated with the proposed use are mitigated.

6.

Artisan craftsman dwelling unit. An artisan craftsman use may include a dwelling unit in the C-1 neighborhood business district, C-2 community business district, or PDO planned development overlay district, for the craftsman who conducts his or her craft in the same or adjacent space, provided that the usable floor area of such dwelling unit shall not exceed 30 percent of the gross floor area of the same or adjacent space (including the required showroom) in which work occurs, and shall not occur on or below the ground level.

(b)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the employment use shall require site plan approval per section 122-65.

(c)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in the floodfringe district, the employment use shall comply with the standards of section 122-942.

(a)

A category of uses for businesses involving assembly, production, mining, storing, transferring or disposal of goods or products. This category of uses may also include associated facilities such as offices, maintenance facilities, fuel pumps, and both indoor and outdoor activities and storage of goods. This category is comprised of the following uses:

(1)

Light industry. A use where processing, fabricating, assembly, or disassembly of items takes place wholly within an enclosed building.

a.

Outdoor activities and loading docks. Limited outdoor activities and loading docks may be considered light industrial uses if it can be determined the use will not have any adverse impacts to the abutting properties and will not be unsightly from the public right-of-way. In order to make this determination the use shall be accompanied by an impact study addressing dust, noise, vibrations, odors, timing of activities, and all other noxious by-products.

b.

Additional application information. The zoning administrator may request additional information to ensure proper evaluation of such application. Such information may include ventilation plans, material characteristics, waste disposal plans, operation plans, and chemical disposition plans.

c.

Outdoor storage. Outdoor storage of materials or equipment, is prohibited in the I-1 light industrial district unless specifically approved by the plan commission as part of the site plan review. Any outside storage approved by the plan commission shall meet the requirements of subsection 122-451(e).

(2)

Heavy industry. An industrial use with the potential for significant external effects, including dust, noise, vibration, odor or other noxious by-product; or uses which may involve frequent commercial vehicle access or large scale outdoor storage.

(3)

Warehouse/distribution. A use involving large-scale indoor or outdoor storage of goods, packaging of goods, and distribution typically between production and the market. May include a small ancillary retail facility. Warehouse, packing and distribution uses also include substantial commercial vehicle access, storage, and intermodal exchanges. Warehouse/distribution uses include those similar to the uses listed below:

Warehouse/distribution uses

Contractor—Landscape and construction

Exterminating and disinfecting service

Food distribution facility, with or without public market.

Freight forwarding service

Fuel distribution

Mail and parcel sorting and distribution

Mail order house and warehousing

Newspaper distribution facilities

Packing and crating

Personal storage

Petroleum bulk station

RV and large equipment storage yard

Recycling center (collection and sort)

Tow or impound lot

Truck terminal or parking facilities

Vehicle staging and storage (ambulance, bus, limousine, taxi, etc.)

Warehousing and storage (refrigeration or general)

Water distribution

Wholesale trade of goods

a.

Operational plan. An impact study addressing dust, noise, vibrations, odors, timing of activities, and any other noxious by-products shall be submitted. If it can be determined the use will not have any adverse impacts to the abutting properties and will not be unsightly from the public right-of-way, the warehouse/distribution use shall be allowed in the I-1 district.

b.

Transportation study. A transportation study is required to determine truck access and paths and address any potential disruptions of surrounding businesses and residences.

c.

Outside operations. Warehouse/distribution uses with outside storage or outside operations shall only be permitted in the I-2 district, with all outside storage and outside operations specifically addressed by the plan commission.

(4)

Mineral extraction. A use that consist of excavation and recuperation of minerals and/or rock.

a.

In addition to the submittal requirements listed in subsection 122-66(c), applications for mineral extraction shall include:

1.

An adequate description of the operation.

2.

A list of equipment, machinery, and structures to be used.

3.

The source, quantity and disposition of water to be used.

4.

A topographic map of the site showing existing contours with minimum vertical contour interval of two feet, trees, proposed and existing access roads, the depth of all existing and proposed excavations.

5.

A restoration plan containing proposed contours after filling, depth of the restored topsoil, type of fill, planting or reforestation, restoration commencement and completion dates.

6.

The applicant shall furnish the necessary fees to provide for the village's inspection and administrative costs and the necessary sureties which will enable the village to perform the planned restoration of the site in event of default by the applicant.

i.

The amount of sureties shall be based upon cost estimates prepared by the village manager or designee, and the form and type of such sureties shall be approved by the village attorney.

b.

In considering the application, the village shall particularly consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character, and land value of the locality and shall also consider the practicality of the proposed restoration of the site.

(b)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the industrial use shall require site plan approval per section 122-65.

(c)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in a floodplain district (FW or FF) the industrial use shall meet the requirements found in sections 122-932 and 122-942 for the floodplain district in which the use is located.

(a)

A category of uses involving the sale of goods and provision of services to the general public for personal or household consumption. Visibility and accessibility are important to these uses, as most businesses typically rely heavily on walk-in customers or clients and rarely utilize scheduled appointments. The following uses comprise this category:

(1)

Neighborhood retail. A retail use with a gross floor area less than 30,000 square feet and outdoor sales limited to no more than ten percent of the indoor gross floor area of the retail use. Neighborhood retail uses include those similar to the uses listed below:

Antique shop

Apparel, shoes, and/or accessory store

Small appliance store

Art gallery and sales

Art and/or education supplies

Bakery with no distribution

Bicycle and accessory sales

Books and/or video store

Camera and photo supply store

China and/or glassware

Cigar, cigarettes, tobacco shop

Convenience store

Craft store

Drug and/or cosmetics store

Discount variety store

Electronic sales

Fabric and sewing supply store

Florist

Framing shop

Garden supply and/or nursery - no wholesale

Gift, novelty and souvenir shop

Grocery store

Hardware store

Home furnishings and accessories

Jewelry and/or gem store

Liquor stores

Luggage and/or leather goods

Magazine and/or newspaper store

Music and/or musical instruments

Office machines and supply

Optical goods

Paint and wallpaper store

Party supply shop

Pet and/or pet supplies shop

Secondhand sales of any item permitted for sale new

Specialty food (candy, fish, produce, prepared foods, etc.)

Sporting goods

Stationary and paper store

Toy and/or baby supplies

a.

Any store selling live animals shall comply with all applicable state regulations.

(2)

General retail. A retail use with a gross floor area of 30,000 square feet or greater and outdoor sales limited to no more than 20 percent of the indoor gross area of the retail use. General retail uses include all neighborhood retail uses 30,000 square feet or larger, and those similar to the uses listed below:

Appliance sales

Automotive supply (no service)

Computer software sales and leasing

Department store

Grocery store

Medical supply store

Motorcycle and motor scooter sales (limited outdoor display)

Nursery

Outdoor recreation equipment

Public market

(3)

Commercial equipment and supply. A retail use associated with commercial equipment and supply including those similar to the uses listed below:

Bottled gas sales and service

Building materials, hardware, and lumber supply

Cabinet supply (display only)

Electrical supply

Farm equipment and supply

Heating and air conditioning

Machine sales and rental

Plumbing sales and service

Wholesale trade

a.

Commercial equipment and supply uses are limited to receiving no more than two semi-truck deliveries per day in the C-1 neighborhood business district or C-4 suburban retail business district.

b.

Loading docks shall be fully screened from any residential use and all rights-of-way per subsection 122-632(b)(2).

(b)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the retail use shall not be open for business between the hours of 11:00 p.m. and 5:00 a.m., except for the day of, and day after, Thanksgiving, unless specifically approved by the plan commission.

(c)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the retail use shall require site plan approval per section 122-65.

(d)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in the floodfringe (FF) district, the retail use shall meet the requirements found in section 122-942.

(a)

A category of uses providing patrons services and limited retail products related to those services. The following uses comprise this category:

(1)

Combined service and residential. A service use combined with a residential use in the same building.

a.

Residential living quarters shall not be on or below the ground level, and may not occur in an industrial district.

(2)

Neighborhood service. A service use with a gross floor area less than 30,000 square feet. Neighborhood service uses include those similar to the uses listed below:

Animal boarding, daycare and training (interior only)

Arcades and pool halls

Barber shop, beauty salon and spa

Coffee shop

Dry cleaning

Experience uses (escape rooms, painting, and pottery)

Financial depository institutions

Fitness club, athletic club, dance studio, yoga studio and gym

Home furniture and equipment repair

Laundromat

Locksmith

Mailing and delivery services

Medical clinic

Pet grooming

Phone sales and service

Photocopying and printing

Photography studio with supplies

Post office

Rental of any good

Permitted to be sold in the district

Repair and/or servicing of any good permitted to be sold in the district

Tailor or seamstress

Tanning salon

Travel agency, ticketing and tour operator

Veterinary services and animal hospital with no outdoor kennels.

a.

A neighborhood service may be allowed in an I-1 or I-3 district if the use serves the surrounding industrial community.

(3)

General service. A service use with a gross floor area of 30,000 square feet or greater, or commercial indoor and outdoor entertainment uses. General service uses include all neighborhood service uses 30,000 square feet or larger, and those similar to the uses listed below:

Aquatic facility

Batting cages

Bowling alley

Indoor firearm and archery range

Miniature golf course

Motion picture theater

Commercial indoor recreation

Stadium

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the service use shall comply with the following regulations:

1.

Service uses consisting of automobile, motorcycle, and truck sales/service establishments; automotive specialty establishments; car washes; fuel stations; depository financial institutions with drive-through facilities; convenience stores; motels; and class B restaurants require the entire use to be located within the OC-5 commercial service overlay district.

2.

Any building containing a service use dealing with animals on site shall be setback a minimum of 100 feet from all residential districts.

b.

Medical clinic. Medical clinic means a licensed institution providing same-day, walk-in, or urgent medical care and health services to the community, primarily ill or injured out-patients, which is not a hospital and which is not a medical office, and which shall not include methadone or drug rehabilitation clinics. Provision of an indoor waiting area for use by individuals when a portion of the facility is not opened for operation is required, so that clients will not be required or allowed to queue for services outdoors.

(4)

Group child care center. A group child care center is a public or private facility, defined in Wis Stats. § 49.136(1)(k), in which qualified persons provide child care services for nine or more children.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the group child care center shall comply with the following regulations:

1.

A group child care center may be operated in conjunction with another principal land use on the same property, such as a church, school, business, or civic organization; however, in such instances, group child care centers are not considered an accessory use and therefore require review as a separate land use.

2.

Such a facility shall comply with all state and local statutes, codes and/or ordinances regarding licensing, zoning, building, fire, and health.

3.

All outdoor play space shall be screened from all abutting residentially zoned properties.

4.

The parcel containing a group child care center shall contain 250 square feet per child, with a minimum area of 6,000 square feet.

5.

There shall be provided a minimum of 100 square feet of open play space on the lot for each child at peak attendance, or the applicant shall obtain approval from the zoning administrator of a play schedule which identifies the number of children that will use the play area at particular times and the proximity of the facility to a public park.

(5)

Fueling and limited vehicle service. A service use involving the sale, service or distribution of products relating to motor vehicles such as the sale and distribution of fuel, electric vehicle battery exchange stations, washing, and/or limited repair service. A convenience store may also be included as a secondary use, as well as the sale of propane and kerosene.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the fueling and limited service shall comply with the following regulations:

1.

Limited service. A maximum of two bays for vehicle service are permitted. Overhead doors shall not face an abutting residential use.

2.

Permitted types of repair service. Repairs include minor engine repairs such as replacement of cooling, electrical, fuel and exhaust systems, brake adjustments and repair, wheel alignment and balancing, and repair and replacement of shock absorbers. Engine rebuilding, bodywork, and painting are not included in this definition.

b.

All fueling and limited vehicle service uses require the subject site to be located in the OC-5 commercial service overlay district following the procedures of section 122-68, or specifically approved within a planned development overlay (PDO) district.

c.

Activities such as vehicle repair and washing shall occur inside a structure. Vacuuming activities may occur outdoors, but must be located in the side or rear yards and screened from all rights-of-way and residential uses.

1.

No more than four vehicles shall be stored on site at any time.

2.

Vehicles shall be parked outside for no longer than three days.

3.

All vehicles shall be parked in a designated paved parking space which adheres to division 2 of article VII of this chapter, and not located in the public right-of-way or another location not specifically designated as a parking space.

(6)

Intensive vehicle service. A business involving intensive work on motor vehicles such as engine rebuilding, bodywork, and painting, or having more than two service bays.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the full-service motor vehicle facility shall comply with the following regulations:

1.

Permitted types of repair service. All motor vehicle repairs are permitted including engine rebuilding, bodywork, and painting.

b.

All intensive vehicle service uses, or other motor vehicle related uses, require the subject site to be located in the OC-5 commercial service overlay district following the procedures of section 122-68.

c.

Vehicles shall not be parked outdoors for more than three days.

d.

All vehicles shall be parked in a designated paved parking space which adheres to division 2 of article VII of this chapter, and not located in the public right-of-way or another location not specifically designated as a parking space.

e.

All parking lots shall be designed to follow the requirements of article VII of this chapter.

(7)

Community service. A public or not-for-profit service or activity undertaken to advance the welfare of society by providing food and goods distribution to private citizens.

(8)

Restaurant/bar. A place where people pay to sit and eat meals that are cooked and served on the premises, and/or consume beverages served on the premises. This category of uses also includes facilities for banquets, parties, events, and other entertainment that serve food.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, class A restaurants shall comply with the following regulations:

1.

Hours of operation. Closing hours for any restaurant operating with a class B intoxicating liquor license shall comply with Wis Stats. § 125.32(3).

2.

Location. Any restaurant operating with a retail class A or class B intoxicating liquor and wine license shall comply with the location restrictions found in chapter 6 of this Code.

3.

Drive-through. All restaurants with a drive-through shall adhere to subsection 122-451(a).

(9)

Pawn shop/check cashing/tobacco, vape, and CBD stores. This category of uses refers an establishment primarily engaged in the businesses of lending money on the security of pledged goods left in pawn or purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller; an establishment providing cash to patrons for payroll, personal and bank checks; or an establishment for which the sale of tobacco and CBD products yields at least 51 percent of gross revenues, including such uses as hookah lounges and smoke shops.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the pawn shop, check cashing establishment, and tobacco establishment shall comply with the following regulations:

1.

Outdoor use prohibited. Pawn shops, check cashing establishments and tobacco establishments are prohibited in outdoor spaces.

2.

No alcohol. Pawn shops, check cashing establishments and tobacco establishments shall not serve alcohol, have "bring your own beverage" policies, or allow patrons to consume alcoholic beverages.

(10)

Private club. A non-profit association, documented by state or federal records, of persons who are bona fide members paying annual dues, where the use of the premises is restricted to members and their guests, and as determined by the zoning administrator.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the private club shall comply with the following regulations:

1.

New private clubhouses that abut a residential zoning district shall not be located within 1,500 feet of another private club.

2.

There shall be no loitering outside of the premises after 10:00 p.m.

(11)

Body art and massage. Establishments primarily in the business of performing work on the human body, such as tattoos, body piercings, spas and therapeutic massage establishments—excluding hair and nails.

a.

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the body work establishment shall comply with the following regulation:

1.

The permitted hours of operation shall be between 8:00 a.m. and 10:00 p.m., however the tattoo artist(s) may stay open as late as 11:00 p.m. to complete work started prior to 9:00 p.m.

(b)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the service use shall require site plan approval per section 122-65.

(c)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, the service use shall not be open for business between the hours of 11:00 p.m. and 5:00 a.m., except for the day of, and day after, Thanksgiving, unless otherwise noted in this section or specifically approved by the plan commission after determining the extended hours will not cause an adverse impact to the neighborhood.

(d)

When noted as permitted with conditions (PwC) in figure 122-420.1, table of principal uses, and located in the floodfringe district, the service use shall comply with the standards of section 122-942.

(a)

A category of adult-oriented uses comprised, but not limited to, "adult bookstores", "adult motion picture theaters", "adult minimotion picture theaters", "adult cabarets", or any combination thereof. It further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for profit, direct or indirect. The following uses comprise this category:

(1)

Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade, for sale, rent, lease, inspection or viewing, books, films, video cassettes, DVD's magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or related to "specific anatomical areas" as defined in this section, or an establishment with a segment or section devoted to the sale and display of such material.

(2)

Adult cabaret means a nightclub, bar, restaurant or similar establishment that regularly features live performances that are characterized by the exposure of specific anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by any emphasis upon the depiction or description of specified activities or anatomical areas.

(3)

Adult entertainment means any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated "specified sexual activities" or "specified anatomical areas."

(4)

Adult minimotion picture theater means an enclosed building with a capacity of less than 50 persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

(5)

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used for presenting materials distinguished or characterized by an emphasis on, matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

(6)

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below the point immediately above the top of the areola.

(7)

Specified sexual activities means simulated or actual:

a.

Showing of human genitals in a state of sexual stimulation or arousal;

b.

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;

c.

Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

(b)

When noted as requiring a conditional use permit (CUP) in figure 122-420.1, table of principal uses, all adult oriented uses must obtain a conditional use permit per section 122-66 prior to the village accepting applications for building or occupancy permits, and comply with the following regulations.

(1)

Adult-oriented establishments shall not locate within 1,000 feet of any residential zone, any public or private school, church, religious institution, medical clinic, medical office, hospital, public park, any facility attended by persons under the age of 18 (including but not limited to school programs, museums, camps, athletic leagues), or any other adult oriented establishment.

a.

Standards of measurement. The distance provided in this section shall be measured in a straight line without regard to intervening structures or objects from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the adult-oriented establishment to the nearest point of the parcel of property or land use district boundary relined from which the proposed land use is to be separated.

(a)

Accessory uses allowed. Accessory uses are allowed only in connection with lawfully established principal use. A nonconforming principal use does not allow the right to establish a new accessory use where the proposed accessory use either would constitute the expansion of the nonconforming use or would establish a new nonconforming use.

(1)

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

(b)

Allowed uses. Allowed accessory uses are limited to those expressly regulated in this chapter as well as those that, in the determination of the zoning administrator, satisfy all of the following criteria:

(1)

They are customarily found in conjunction with the subject principal use(s) or principal structure.

(2)

They are subordinate and clearly incidental to the principal use(s) of the property; and

(3)

They serve a necessary function of the business operations for the comfort, safety or convenience of occupants of the principal use(s).

(c)

Accessory structures. Refer to division 3 of article V of this chapter.

(d)

Time of construction and establishment. Accessory uses may be established only after the principal use of the property is in place.

(e)

Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.

Figure 122-441.1, table of accessory uses, presents a listing of expressly allowed accessory uses. These accessory uses are defined in division 5 of this article, and each of the listed accessory uses is given one of the following designations.

(1)

Permitted with conditions (PwC). These uses are permitted by right in the districts in which they are listed, provided they comply with the listed use-specific conditions found in division 5 of this article. These conditions are intended to mitigate potential negative land use impacts, thereby making such uses appropriate in the district where they might otherwise not have been appropriate.

(2)

Prohibited use. Uses not listed as "PwC" are prohibited in the district because they are considered incompatible with the intent of the district.

Table of Accessory Uses
Figure 122-441.1

(a)

Home child care. Supplementary, temporary care of children, unrelated to the caregiver, on a regularly recurring basis for a portion of one or more days in the week, provided in the home of the caregiver with the property owners consent.

(1)

When noted as permitted with conditions (PwC) in figure 122-441.1, table of accessory uses, the following regulations apply:

a.

Limited attendees. Between four and eight children may be cared for at a time. Three or fewer children is considered a home occupation (refer to subsection (b) below). Nine or more children is considered a group child care center (refer to subsection 122-437(a)(4)).

b.

Accessory use. Home child care may only be an accessory use to the principal use of household living.

c.

State licensing requirements. All applicable state licensing requirements shall be met.

d.

Revocation. The zoning administrator shall have discretion to revoke any permit for home child care if such use is a nuisance to neighboring properties.

e.

Limited number. The number of home child care uses on any lot or parcel shall not exceed one.

(b)

Home occupation. A use that is clearly subordinate to the principal use as a residence, is customarily conducted within the dwelling unit by one or more members of the occupying household, and does not alter the exterior of the building or its appearance.

(1)

Included uses. Home occupation includes the following and other uses deemed similar by the zoning administrator: accountant, artist, attorney, author, computer operator or programmer, child care of three or fewer children, designer (computer, graphic, architect, interior, etc.), handyman, home crafts, seamstress or tailor, sales person or representative (no on-site retail or wholesale transactions), tutoring, and instruction of craft and fine art.

(2)

Excluded uses. Home occupation excludes such uses as otherwise defined in these regulations as civic and institutional uses; retail uses; service uses other than photography studio, tailor or seamstress; and industrial uses.

(3)

When noted as permitted with conditions (PwC) in figure 122-441.1, table of accessory uses, the following regulations apply:

a.

Advertisement. Offering, displaying or advertising any commodity or service for sale on the premises is prohibited, except that an identification sign meeting the size requirements of subsection 78-7(a)(1) of this Code is permitted.

b.

Outside storage. No materials or products associated with a home occupation shall be stored outside of a building.

c.

Area. The home occupation shall not occupy more than 25 percent of the usable floor area of a dwelling unit in which the home occupation is operated.

d.

Employees. Employment is limited to any member of the immediate household residing in the dwelling unit plus one person not residing in the dwelling unit.

e.

Hours of operation. Permitted hours of operation are 7:00 a.m. to 8:00 p.m.

f.

Limited attendees. Up to four attendees may be served or instructed in a single day, except as provided in subsection (a) above relating to home child care.

g.

Residence. The operator of the home occupation shall reside in the dwelling unit in which the home occupation operates.

h.

Physical appearance. The appearance of the structure shall conform to the character of the area.

i.

Vehicles. No more than one motor vehicle shall be used in connection with a home occupation.

1.

The vehicle shall be of a type ordinarily used for conventional private passenger transportation, such as a passenger automobile, van, or pickup truck not exceeding a payload capacity of one ton.

2.

The vehicle shall not be designed to carry more than eight persons.

3.

Parking of the vehicle must be accommodated on site per article VII of this chapter.

(c)

Short-term rentals. The temporary rental of a residential dwelling to any temporary renters for a fee and for no more than 29 consecutive days, with no property being used for such temporary rental more than 180 consecutive days.

(1)

When noted as permitted with conditions (PwC) in figure 122-441.1, table of accessory uses, the following regulations apply:

a.

Operators for a short-term room rental offering a portion or all of their property for short-term room rentals must obtain a zoning permit, per section 122-62, and a "tourist rooming house" license from the state department of agriculture, trade and consumer protection, prior to offering their property for short-term rental.

1.

As short-term rentals are conducted on a temporary and periodic basis, no nonconforming use rights will be recognized for short-term room rentals existing at the time of the passage of these regulations.

b.

When the short-term rental is through a lodging marketplace (an entity that provides a platform through which an unaffiliated third party offers to rent a short-term renal to an occupant and collects the consideration for the rental from the occupant), the registered lodging marketplace shall collect and remit all applicable state and local taxes and notify the short-term rental owner that the state and local taxes were collected and remitted on the sales.

c.

When the short-term rental is arranged privately, without a lodging marketplace as described in subparagraph (b) above, the owner of the property must register with the state department of revenue for a license to collect taxes if the total sales revenue is $2,000.00 or more, and must collect and remit state and local taxes.

d.

The number of persons occupying a short-term rental shall be limited to no more than two people per bedroom.

e.

Any zoning permit issued pursuant to this section shall expire within three years of approval and may be revoked if the zoning administrator receives information showing that such temporary rentals have imposed a nuisance on neighbors.

f.

The requirements in this section shall not apply to sublets or assignments of a possessory interest in the entire portion of a dwelling unit pursuant to a written lease agreement of one month or more in duration.

(a)

Drive-through facility. A type of establishment related to a retail or service use described in sections 122-436 and 122-437, where part of its retail or service character is dependent on providing a customer a good or service while seated in their motor vehicle.

(1)

When noted as permitted with conditions (PwC) in figure 122-441.1, table of accessory uses, the following regulations apply:

a.

Drive-through facilities. All drive-through facilities require the subject site to be located in the OC-5 commercial service overlay district following the procedures of section 122-68; or specifically approved within the C-3 planned commercial—residential development district/planned development overlay district process, a PID planned infill development overlay district, or a site plan in a CV-2 institutional district.

1.

Any exception for a drive-through facility in a PID planned infill development district shall be based off the OC-5 commercial service overlay district requirements.

b.

Layout. The site layout for any facility incorporating a drive-through facility shall comply with the following requirements.

1.

Structure/canopy. Drive-through structures or canopies shall not be located on the front (street-side) of a building, shall be set back a minimum of 50 feet from residential lot lines and a minimum of ten feet from all other lot lines.

2.

Landscaping. Landscaping shall be utilized to screen the drive-through facility from all abutting side and rear property lines.

3.

Stacking lanes. Stacking lanes shall be:

i.

Provided to accommodate the minimum stacking spaces required in section 122-731.

ii.

Designed so that they do not interfere with parking and circulation, and do not extend into the right-of-way.

iii.

Clearly identified through the use of striping, landscaping and signs.

c.

Building materials. The canopy and structure shall be constructed with the same materials utilized on the building.

d.

Pedestrian convenience and safety. The drive-through facility shall not be located near other uses where the location of such facility would be detrimental to pedestrian convenience or safety.

e.

Off-site impacts. Drive-through facilities with noise generating equipment must demonstrate to the plan commission that the facility will not create noise issues. Noise generating equipment includes items such as speakers, mechanical car washes, vacuum cleaners and exterior air compressors.

f.

Additional requirements. In addition to these conditions, the architectural control board may require an applicant to modify a site plan to provide for sufficient pedestrian amenities, reduce the negative visual impact, and/or provide better circulation and parking so as to reduce the potential for accidents and the impact the proposed use may have on neighboring development. Such modifications to a site plan may include, but are not limited to, additional landscaping, screening, redesign of parking areas, and relocation of entrances/exits.

(b)

Outdoor dining. Outdoor dining is intended to promote interest and excitement within the village by creating outdoor spaces for gathering. These outdoor spaces provide alternative options for residents and visitors looking to patronize village restaurants while sustaining the vibrancy and economic viability of the area, and are regulated as follows:

(1)

When noted as permitted with conditions (PwC) in figure 122-441.1, table of accessory uses, the following regulations apply:

a.

Restaurants with outdoor dining on private property shall comply with the following:

1.

All outdoor furniture shall be of a material other than molded plastic.

2.

Outdoor dining areas shall be kept free of litter at all times.

3.

Outdoor furniture and equipment shall be compactly stacked on a nightly basis and secured in a manner that furniture cannot leave the outdoor dining area.

4.

Outdoor dining is permitted between the hours of 6:00 a.m. and 10:00 p.m., however extended hours may be permitted with the approval of a conditional use permit.

5.

Televisions and music shall only be permitted during hours of operation of the outdoor dining area and shall be kept at a volume that does not create a nuisance for adjacent properties, unless otherwise allowed under a special event license per chapter 10 of this Code.

b.

Restaurants with outdoor dining on public property shall be allowed in the village centre overlay district and follow the regulations of section 90-5 of this Code.

(c)

Outdoor display. The outdoor display of temporary or permanent merchandise or other items offered for sale or advertisement.

(1)

When noted as permitted with conditions (PwC) in figure 122-441.1, table of accessory uses, the following regulations apply:

a.

An area utilized for an outdoor material display shall be limited to no more than 20 percent of the indoor building area, shall be specifically approved as part of a site plan review per section 122-65, and shall be neatly maintained at all times.

b.

An outdoor material display with more than 20 percent of the indoor building area shall be considered an outdoor sales lot, and shall meet the requirements of subsection (d) below.

c.

Temporary outdoor displays may be permitted when part of an approved special event license issued in conjunction with chapter 10 of this Code.

d.

Merchandise or other items, and all temporary structures used for outdoor display, shall be secured in a clean and orderly fashion.

(d)

Outdoor sales lot. A use involving the sale of goods or merchandise to businesses and/or the general public, where the majority of the goods are stored or displayed outdoors. Outdoor sales lots include such uses as: the sale and rental of automobiles, trucks, trailers, boats, and recreational vehicles; and the outdoor sale of building materials and garden supplies. Outdoor sales lots are regulated further as follows:

(1)

When noted as permitted with conditions (PwC) in figure 122-441.1, table of accessory uses, the following regulations apply:

a.

For the purposes of off-street parking requirements per section 122-731, the net floor area devoted to retail space of an outdoor sales lot is the net floor area of the building containing the sales counter, service area, and other related functions.

b.

An outdoor sales lot must include permanent construction of a building utilizing one of the permitted building types in the district.

c.

An outdoor sales lot associated with motor vehicles shall require the subject site to be located in the OC-5 commercial service overlay district following the procedures of section 122-68.

d.

An outdoor sales lot shall meet the landscape buffer requirements of sections 122-631 and 122-632.

(e)

Outdoor storage. Permanent outdoor storage of goods not typically housed or sold indoors, such as large-scale materials and landscape supplies.

(1)

When noted as permitted with conditions (PwC) in figure 122-441.1, table of accessory uses, the following regulations apply:

a.

Outdoor storage areas shall be located in the rear or side yard and setback a minimum of ten feet from these property lines. When the outside storage abuts a residential use or district, its setback shall be increased to 100 feet from the property line.

b.

Loose materials shall, at a minimum, be stored in a three-sided shelter.

c.

Loose materials shall not be stacked higher than the three-sided shelter.

d.

All outdoor storage areas shall be screened from view of adjacent parcels and street rights-of-way using the requirements of subsection 122-632(b).

e.

All outdoor storage located in the FF floodfringe district shall comply with subsections 122-942(b)(3), (4) and (5).

(a)

Livestock and fowl. When noted as permitted with conditions (PwC) in figure 122-441.1, table of accessory uses, the following regulations apply:

(1)

Size and quantities. The raising of livestock and fowl shall be limited to parcels containing three acres or more, and to the quantities found in figure 122-452.1, livestock and fowl limits.

Figure 122-452.1 Livestock and Fowl Limits

a.

Determination of maximum number of livestock and fowl. The calculation of the maximum number of livestock and fowl allowed applies to all subsections in figure 122-452.1. Different animal types may be combined, but the total calculated number of animals may not exceed the maximum per-acre density identified in figure 122-452.1. For example, a five-acre lot will allow for five head of large livestock or 60 small fowl; or a three-acre lot can have one horse, eight sheep and 12 chickens, or equivalent numbers not to exceed the maximum allowed.

b.

Contiguous land under the same ownership. The total acreage of parcels of land that are contiguous to each other, under the same ownership and have the appropriate zoning category, may be used when calculating the maximum number of animals allowed as long as one of the parcels contains three acres or more.

c.

Contiguous leased land. If contiguous land is being leased for agricultural purposes, the leased land area can be used when calculating the maximum number of animals allowed. Once the land is no longer being leased, the maximum number of animals allowed shall be adjusted. A written lease agreement, signed by all property owners, shall be required. The leased land shall be used exclusively by the lessee, and one of the parcels must contain three acres or more.

d.

Double counting. When determining the maximum number of animals allowed on contiguous lands, the land area can only be used once or by one property owner. Double counting is not allowed.

(2)

Prohibited uses. The following uses are prohibited.

a.

Concentrated commercial animal feeding operations are prohibited in all districts.

b.

The keeping of hogs over 300 pounds is prohibited in all districts except when located on a parcel larger than 35 acres or more in the A-1 district.

c.

The propagation, feeding, sheering, fattening or butchering of domestic animals such as beef cattle, lamb, goats, fowl, as well as commercial egg production, shall be prohibited in all districts except the A-1, and then only on a parcel with a minimum of 600 feet of frontage and 35 acres or more.

d.

Commercial paddocks and riding academies shall be prohibited in all districts except the A-1, and then only on a parcel containing a minimum of 600 feet of frontage and 35 acres or more.

e.

Horses shall not be used for hire or livery on any parcel containing less than 35 acres.

(b)

Additional standards in the R-1 and R-2 districts.

(1)

The raising of animals shall be for personal use only, with the exception of selling offspring and/or animal products.

(2)

The maximum number of livestock and fowl in the R-1 and R-2 districts shall be reduced to one-half of the maximum quantity found in figure 122-452.1.

(3)

Animals shall have adequate facilities for housing and feeding, and must remain within a fenced-in area.

(a)

Open space uses. A use which is functionally dependent on a waterfront location, provided that all structures meet the requirements of division 5 of article I of this chapter, and all of the following:

(1)

Are not designed for human occupancy.

(2)

Have a low flood damage potential.

(3)

Are constructed and placed to provide minimum obstruction to flood flows (whenever possible, accessory structures shall be placed with their longitudinal axis parallel to the flow of floodwaters).

(4)

Are firmly anchored to prevent them from floating away and restricting bridge openings.

(5)

Have all service facilities (such as electrical and heating equipment) at an elevation at least two feet above the 100-year recurrence interval floodplain.

(b)

FF floodfringe. Accessory structures in the floodfringe district shall not be subject to inundation depths greater than two feet or flood velocities greater than two feet per second upon the occurrence of a 100-year recurrence interval flood, and shall comply with the standards of subsection (a) above.

(c)

Prohibited uses. The following accessory uses are specifically prohibited:

(1)

Habitable accessory structures, accessory structures with high flood damage potential, or those not associated with permanent open-space uses;

(2)

Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

(3)

Accessory uses not in harmony with or detrimental to uses permitted in the adjoining districts;

(4)

Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code;

(5)

Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code;

(6)

Any solid or hazardous waste disposal sites;

(7)

Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and

(8)

Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

Temporary uses, such as real estate sales field offices, or shelters for materials and equipment being used in the construction of a permanent structure, shall be permitted upon a finding that such use is not contrary to the intent of this chapter. Such permit shall be valid for a period not longer than six months; however, the permit may be renewable if the applicant shows the need, and such use has not been contrary to the intent of this chapter.

The village recognizes special events organized by individuals, private organizations, and non-profits serve an important role in enhancing the village's quality of life and can provide benefits to the community as a whole. These special events include outdoor seasonal sale lots with or without a structure, as well as food truck activity on village property.

(1)

Special events are allowed in all zoning districts within the village, subject to the issuance of a special event license per the regulations of chapter 10 of this Code.