The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village.

No structure, land or water shall be used and no structure or part thereof shall be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered, except in conformity with the regulations provided herein specified for the district in which is located.

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil 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 the Village. The Village Plan Commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Village Plan Commission may affirm, modify or withdraw its determination of unsuitability.

(1)

BUILDING MUST BE ON A LOT. Every building erected, structurally altered or relocated shall be placed on a lot as defined in §17.09.

(2)

ONLY ONE PRINCIPAL RESIDENCE BUILDING ON A LOT. (Rep. & recr. #183) Except as specifically provided herein for planned unit developments, only one principal residence building shall be permitted on a lot. The Board of Appeals may grant an exception to permit more than one principal building on a lot where such grant would not be contrary to the spirit or intent of this chapter or to the regulations applicable to the specific district and provided that a sufficient lot area is provided and the buildings so located as to individually meet the setback, lot size, yard and open space requirements of the district in which located. Any such determination of the Board of Appeals shall be recorded against the property, and shall be limited to the particular structures at issue at the time that such approval is granted, without extension or expansion.

(3)

LOTS TO ABUT UPON PUBLIC STREET. (Rep. & recr. #183) All lots shall abut upon a public street and each lot shall have a minimum frontage of 60 feet.

(4)

PRINCIPAL STRUCTURES. All principal structures shall be located on a lot and only one principal structure shall be located, erected or moved onto a lot.

(5)

ZONING PERMIT. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side from which the required dedication has not been secured.

(6)

LOTS ABUTTING MORE RESTRICTIVE DISTRICT BOUNDARIES. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The setbacks on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.

(1)

CHANGES OF GRADE FOR BUILDING CONSTRUCTION. Every building erected, structurally altered or relocated shall be at a grade which shall reasonably assure proper drainage in relation to the grade of existing streets and driveways.

(2)

CHANGES OF GRADE, OTHER.

(a)

Permit Required. No person shall excavate, grade, regrade or fill any building site or parcel of land in any district without first obtaining a permit from the Zoning Administrator.

(b)

Exemptions. Nothing in this section shall prohibit a person from landscaping any building site or parcel of land, providing that such landscaping does not alter the existing drainage system through movement of earth. Landscaping includes, but is not limited to, arranging the effects of the natural scenery by laying out and developing a garden or the grounds of a building site or parcel of land.

(c)

Application. Any person desiring a grading permit as required by this section shall file with the Planning Commission an application in writing. Every application for a permit shall describe the land upon which the proposed excavating, grading or filling is to be done, either by lot and block or tract, tax certificate number and street number, if any, or any similar description which will readily identify and definitely locate the parcel of land. In addition, the applicant shall submit with the application a topographic map of the existing site and a topographic map of the site as it is intended to exist after the proposed grading or filling changes are made. The application shall likewise set forth the following:

1.

A proposed schedule of work, including a phased, dated schedule for filling, grading and restoration and indicating the date for completion.

2.

A description and dates of installation of erosion control structures which shall be adequate, as determined by the Village Engineer, to prevent the runoff of earth, silt and water onto adjacent parcels of land, streets, highways and waterways.

3.

A detailed landscaping plan, showing the proposed areas of surfacing, planting, seeding, sodding and screening on the site and a precise time schedule for the completion of each of these improvements.

(d)

Permit. (Am. #122; Rep. & recr. #183) Upon payment of a fee as outlined in the Fee Schedule, by the applicant and when the Planning Commission shall find that the application complies with the requirements of this section, the Zoning Administrator shall approve the application and issue a permit to the applicant. The permit shall expire within one year, and reapplication shall be required upon expiration if grading is not completed. Any such permit is conditioned on no work being done on the site during any period of time when the wind velocity exceeds 20 mph and that topsoil will be replaced and turf applied on all disturbed areas within 3 months after the date of completion of the work specified in the application. In the event that one or more building permits for the graded area are in effect or are applied for and issued within the 3 month period, the required replacement of topsoil and application of turf on areas disturbed for construction may be deferred until completion of the construction for which the building permit was issued or the expiration of the building permit, whichever shall occur first. Permit holders are required to reconstruct or repair any damage done to public roads and to retrieve any debris from the project found off of the subject property before the completion of the project and any time during the project if the Building Inspector finds need.

(e)

Revocation. The Zoning Administrator shall revoke any permit granted under this section in case he shall find that the holder of the permit has misrepresented any material fact or has failed to make the improvements set forth in the application or in the event that the holder has violated any of the conditions with respect to wind control or restoration of the site under which the permit was issued.

(3)

PENALTY.

(a)

Any person who shall excavate, grade, regrade or fill any building site or other parcel of land for which a grading permit has not been issued under this section shall be subject to a penalty as prescribed in §17.91(2) of this chapter. Any person who shall excavate, grade, regrade or fill any building site or other parcel of land for which a grading permit has been issued, after such permit has been revoked as provided herein, shall be subject to a penalty as prescribed in §17.91(2) of this chapter for each day such violation continues.

(b)

In addition to the penalties provided in paragraph (a) and in the event that the holder of a grading permit issued as provided herein, shall fail to make any of the improvements set forth in the application in accordance with the time schedule stipulated and 20 days after a notice of revocation of the permit has been mailed to the holder at his address shown in the application, the Village will hire personnel who may enter upon the site and do such minimal grading, filling and sodding as is necessary to eliminate dust arising from the surface and to prevent erosion which may affect adjoining properties, streets or waterways. Whenever such work is necessary, a detailed account shall be kept of the time and materials required and the total shall be entered on the tax roll as a special tax against the property and collected with any other taxes levied for the year in which the work is completed.

(1)

BUILDING SETBACKS. Base setback lines from which the building setback shall be measured are hereby established for all streets and highways in the Village as follows, unless otherwise approved by the Plan Commission and Village Board:

(a)

On all existing and proposed streets or highways for which the ultimate width has been established in the comprehensive plan, the base setback line shall be located at a distance from the centerline equal to ½ such established width.

(b)

On all other existing and proposed local streets,the base setback line shall be located parallel to and at a distance from the centerline equal to ½ the established width of the right-of-way or 33 feet, whichever is greater.

(c)

All building setback lines shall be parallel to and measured at right angles from the base setback line of the street or highway.

(d)

No building shall be hereafter erected, altered or placed so that any portion or projection is closer to the base setback line than the setback distance specified herein for the district in which such building is located, except as a permitted yard projection.

(e)

No structures of any kind, except necessary highway and traffic signs, public utility lines and necessary underground appurtenances to public utilities, fences, rural mailboxes and those signs permitted in a Residence or Agricultural District, shall be erected, altered or placed within the base setback area.

(f)

Additions to and improvements and replacements of existing structures may be made within the setback areas provided the degree of nonconformity is not substantially increased thereby and subject to the approval of the Board of Appeals.

(g)

In cases where the highways for which setback lines are established by this chapter are located an municipal boundaries, such establishment shall apply only within the Village.

(h)

On corner lots of record, the effect of the setback regulations shall not reduce the buildable width of such corner lot to less than 30 feet for its entire length inclusive of offset, providing the lot has a width of not less than 50 feet.

(2)

YARD REQUIREMENTS.

(a)

No building shall be erected or structurally altered so that any portion of or projection is closer to any lot line than the minimum yard requirements specified herein by the regulations for the district in which a building is located, except as a permitted yard projection as stated in §17.14(2)(e). (Rep. & recr. #183)

(b)

Where a lot abuts a district boundary line, the yard requirements in the district of less restrictive use shall be not less than that required for the district of more restrictive use.

(c)

In the case of multiple family or commercial use structures, the side yard requirements may be modified as follows: Two or more buildings on adjoining lots may be erected with common or directly adjoining walls, provided the requirements of the State Industrial Code relative to such construction are complied with and provided that at both ends of such row type buildings the applicable yard requirements shall be complied with.

(d)

All required setback or side and rear yard areas shall be landscaped and kept clean and free from accumulations of debris or refuse and shall not be used for the storage or display of equipment, products, vehicles or any other material.

(e)

Only the following architectural features may project into required yards and courts as follows:

1.

Into any required front yard, rear yard or required side yard adjoining a side street lot line, cornices, canopies, awnings, eaves or other architectural features may project a distance not to exceed 2′6".

2.

Fire escapes may project into a required yard a distance not exceeding 3′.

3.

An uncovered stair and necessary landings may project into a required front or side yard a distance not to exceed 6′, provided such stair and landing shall not extend above the main entrance level of the building, except for a railing not exceeding 3′6" in height.

4.

Bay windows, balconies and chimneys may project into a required front or side yard a distance not exceeding 3′, provided that such features do not occupy, in the aggregate, more than ⅓ of the length of the building wall on which they are located.

5.

Yard projections listed above may project into any required side yard adjoining an interior side lot line a distance not to exceed ⅕ of the required minimum width of such side yard, but not to exceed 3′ in any case.

(f)

See Section 17.34(2)(f) regarding regulation of fences. (Rep. & recr. #139)

(3)

SETBACK AND YARD REQUIREMENT EXCEPTIONS FOR DOUBLE AND TRIPLE FRONTAGE LOTS. (Cr. #192)

(a)

Determination of Direction a Structure Shall Face.

1.

Where a lot that has more than one street yard is improved after an adjacent lot that has more than one street yard has been improved, and the lots abut all of the same streets, the structure shall face the same direction as the adjacent structure.

2.

Where a lot that has more than one street yard is improved after an adjacent lot that has more than one street yard has been improved, and the lots do not abut all of the same streets, the Village Zoning Administrator shall determine which street the structure shall face.

3.

Where a lot and one or more adjacent lot(s) have more than one street yard, regardless of whether they abut all of the same streets, and 2 or more lots adjacent to the applicant's lot have existing structures that face different streets, the Village Zoning Administrator shall determine which street the structure shall face.

4.

Where a lot and an adjacent lot have more than one street yard, but neither lot is improved, the Village Zoning Administrator shall determine which street the structure shall face.

5.

In all other situations where a lot has more than one street yard, the Village Zoning Administrator shall determine which street the structure shall face.

(b)

Determination of Front, Rear and Side Yards; and Exceptions. The front yard of a principal structure on a double or triple frontage lot shall be the yard which the front door of the structure is facing. The yard opposite the front yard shall be considered the rear yard. In the case of a triple frontage lot, there are 2 street yards and one rear yard similar to the corner lot illustration No. 1 shown in Section 17.09 of this Code. The yard that is not considered front or rear shall be considered a side yard. No driveway access shall be allowed from an arterial street if the lot also abuts a collector street or minor street. Accessory structures permitted by Section 17.34 of this Chapter may be permitted in the rear yard, or, in the case of triple frontage lots, in the side yard provided that the owner receives Plan Commission approval and meets all the conditions set forth below:

1.

The accessory structure is for a single family or two-family home.

2.

The accessory structure is located in such a way to not impact the right-of-way or future right-of-way, traffic, easements, sidewalk or future sidewalk, or drainage.

3.

The accessory structure is adequately landscaped and screened from all views opposite the frontage of the structure.

4.

The accessory structure fits within the design and presentation of the neighborhood.

5.

There shall be no driveway access to the accessory structures from streets other than the street on which the main driveway to the principal structure is located. No access shall be provided to any arterial road.

6.

The accessory structure setbacks shall follow at a minimum, the rear yard setback limits (or side yard limits in the case of a triple frontage lot) for the district in which the structure is located.

(1)

MAXIMUM HEIGHT RESTRICTED. In any district, no building or structure shall be erected or structurally altered to a height in excess of that specified herein by the regulations for that district.

(2)

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

(a)

Chimneys and flues, transmission lines, towers and poles of public utilities, except as provided in par. (b).

(b)

Subject to the recommendation of the plan Commission and approval of the Village Board, items such as, but not limited to: cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery loft, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts, aerials and necessary mechanical appurtenances and new intermunicipal transmission lines, towers and poles of public utilities, windmills, solar energy collector devices and necessary farm buildings.

(3)

INCREASE PERMITTED. Subject to the approval of the Plan Commission, the maximum height of any principal building may be increased by not more than 10′, providing all yard requirements and setbacks are increased by 2′ for each foot by which such building exceeds the height limit of the district in which it is located.

(1)

Any building intended in whole or part for residential purposes shall provide a minimum floor area as specified herein by the regulations for the district in which such building is located. Such minimums are stated in terms of the minimum total floor area required for a building and that portion of the total which must be provided on the first floor level. Such minimum total shall be increased by 200 sq. ft. for any building not having a basement at least 300 sq. ft. in area.

(2)

The total floor area of all the buildings on a lot shall not exceed the maximum permitted under the floor area ratio as specified herein by the regulations for the district in which such building is located. In computing maximum F.A.R. the floor area of each building, outbuilding, garage, porch or breezeway shall be included. Refer to definitions, in §17.09 of this chapter.

(3)

Floor area shall be measured at each level from the outside edge of wall to outside edge of wall and for purpose of computing minimum floor area shall not include garages, outbuildings, open porches, open breezeways or basements. Exposed basements and the second floor of 1½ and 2 story residences may be included in computing total minimum floor area according to the following schedule:

(a)

Basement shall not be included in computing total minimum floor area. However, that portion of the exposed basement of an exposed basement residence which has been designed as an integral part of the living area of the home may be included in computing total minimum floor area when at least one side is exposed and access has been provided to the outside at grade level by means of at least one door.

(b)

That portion of a finished second floor which has a minimum distance between the ceiling face and the top of the first floor ceiling joist of 7'6" may be included in computing the total minimum floor area, provided there is a permanent inside stairway leading from the first floor to the second floor.

(c)

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

(1)

No building shall be erected on a lot of less area than specified herein by the regulations of the district in which such building is located, except as otherwise provided for in this chapter.

(2)

No lot shall be reduced by any means to create a lot of less than the required size or so that the existing yard requirements, setbacks, open space or lot area would be reduced below that required by the regulations for the district.

(1)

No building shall be erected, structurally altered or placed on a lot so as to reduce the usable open area of such lot to less than that specified herein by the regulations for that district.

(2)

To be usable, such open space area shall be of such topography, size and shape as will reasonably provide light, air, access, drainage and septic facilities where required. Garden, crop, pasture and wooded land may be included in computing such open area.

(3)

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

(1)

No building or structure shall be erected or placed on a lot or tract which does not abut on a public street, except that subject to the approval of the Plan Commission, a building may be permitted to be so erected, provided the tract in question has access to a public street by permanent easement at least 30 feet in width. If such easement serves more than 2 separate occupancies, it shall be 60 feet in width.

(2)

For structures that were in existence at the time that the applicable Zoning Code requirements were created and do not meet the street access requirements of §17.19(1), the erection or attachment of a garage, carport, utility room, tool shed, pier, walkway or boathouse shall be permitted; however, such appurtenant building or structure shall be considered a legal nonconforming structure and shall be promptly removed when the principal building on such parcel, lot or tract is or may be required to be removed. (Rep. & recr. #183)

(1)

TRAFFIC VISIBILITY.

(a)

On a corner lot, no obstructions, such as structures, parking or vegetation shall be permitted in any district between the heights of 2½ feet and 10 feet above the plane through the mean curb grades within the triangular space formed by any 2 existing proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 15 feet from their intersection.

(b)

In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 30'.

(2)

LOADING REQUIREMENTS. On every lot on which a business, trade or industrial use is established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way.

(a)

B-2 District Business. One space of at least 10' x 25' for each 3,000 sq. ft. of floor area or part thereof.

(b)

Wholesale and Industrial. One space of at least 10' x 50' for each 10,000 sq. ft. of floor area or part thereof.

(c)

Bus and Truck Terminals. Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded or unloaded at the terminal at any one time.

(3)

PARKING REQUIREMENTS. (Amd. #153) In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended or increased off-street parking stalls for all vehicles in accordance with the following:

(a)

Adequate access to a public street shall be provided for each parking space and driveways shall be at least 10' wide for one and 2 family dwellings, at least 18' for farmsteads and a minimum of 24' for all other uses.

(b)

Size of each parking space shall be not less than 180 sq. ft., exclusive of the space required for ingress and egress.

(c)

Location to be on the same lot as the principal use or not over 400' from the principal use. No parking stall or driveway, except in residential districts, shall be closer than 25' to a residential district lot line or a street line opposite a residential district.

(d)

All off-street parking areas shall be graded and surfaced so as to be dust free and properly drained. Any parking area for more than 5 vehicles shall have the aisles and spaces clearly marked.

(e)

Curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines. In place of curbs or barriers, a 4' margin is required between the lot line and the parking spaces.

(f)

Spaces required: (Am. #213)

Number of Parking Stalls

(g)

In the case of structures or uses not mentioned, the provision for a use which is similar shall apply.

(h)

Combinations of any of the above uses shall provide the total number of stalls required for each individual use.

(4)

HIGHWAY ACCESS. No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:

(a)

Arterial streets intersecting another arterial street within 60′ of the intersection of the right-of-way lines.

(b)

Local streets intersecting an arterial street within 30′ of the intersection of the right-of-way lines. Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.

(c)

Temporary access to the above rights-of-way may be granted by the Village Plan Commission after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.

(5)

DRIVEWAY CONSTRUCTION STANDARDS. (Cr. #133; Amd. #165)

(a)

In all districts, no driveway apron shall extend out into the street further than the face of the curb or the edge of the paved portion of the right-of-way. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of streets, side ditches or roadside areas or with existing structures on the right-of-way.

(b)

In all districts, driveways entering onto Village roads shall be at least 5 feet off of the nearest side lot line at the point where the property line meets the Village road right-of-way line. Moreover, all driveways or portions thereof located within the right-of-way shall be at least 5 feet off of an imaginary line drawn perpendicular to the right-of-way line to the roadway pavement from the point where the nearest side lot line meets the right-of-way line. The requirements of this subsection may be waived for shared driveways as described in Section 17.85(5)(c) of this Code.

(c)

In all districts, driveway surfaces shall connect with the street pavement and sidewalk in a neat, workmanlike manner. Any sidewalk or roadway areas which are damaged in construction of the driveway shall be replaced by the property owner.

(d)

The property owner shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly from construction or repair of driveway approaches or entrances.

(e)

In all districts, driveway pavement installed within 10 feet from the traveled portion of the roadway shall have a rise of not more than 6 inches.

(f)

The following requirements shall apply for all concrete driveways in any district.

(i)

Any concrete that is installed between the paved portion of the roadway and the edge of the shoulder of the road shall be installed at the grade of the then-existing surface on the shoulder of the roadway.

(ii)

At the edge of the shoulder of the roadway, the concrete shall step up to the level of the remainder of the concrete driveway.

(iii)

That portion of the concrete drive that is closest to the roadway, below the "step", may be paved over with asphalt to the level of the traveled portion of the road, and the cost for that paving shall be paid by the property owner. In the event that the Village of Nashotah paves that portion of the driveway, the Village may charge the property owner for all costs of the paving. Said costs shall be assessed as special charges pursuant to §66.60(16), Wis. Stats. If such charges are not paid within the period fixed by the Village of Nashotah, such charges shall become a lien upon the property owner's lot as provided in §66.60(15), Wis. Stats., and shall be extended upon the tax rolls as a delinquent tax against the property owner's lot as provided in §66.60(16), Wis. Stats.

(iv)

The Village of Nashotah shall not be responsible for any of the paving expenses for any portion of a driveway that exists in a Village of Nashotah right-of-way, except for repairs to asphalt that is placed on top of concrete in a right-of-way on the shoulder of the roadway, as described herein.

(v)

The intent of this subsection is to keep the concrete closest to the roadway at a grade which does not interfere with snowplowing equipment and other vehicles on the roadway; and also to allow that part of the concrete drive that is closest to the roadway to be paved over with asphalt, up to the "step" in the concrete.

(g)

Any driveway that is in existence prior to the enactment of this ordinance shall be brought into compliance with all of the provisions of this ordinance at the time that any repair or improvements are made to the driveway.

See §17.34(1)(g) regarding regulation of swimming pools.

(1)

USE PERMITTED. Guesthouses, as defined in §17.09, are permitted in any district in which a single-family dwelling is permitted. No guesthouse is allowed, unless the lot upon which the guesthouse is to be located is at least 1½ the minimum area and 1½ the minimum average width requirements of the district.

(2)

PERMANENT HABITATION PROHIBITED. A guesthouse must be used only for occasional occupancy by guests of the owner and shall not be leased or rented for human occupancy.

(3)

ACCESSORY TO A SINGLE FAMILY DWELLING. No guesthouse is permitted, unless a single family dwelling is already present on the lot. Only one guesthouse per lot is allowed.

(4)

BUILDING LOCATION. A guesthouse must meet the minimum setback, shore setback, offset and open space requirements as would be applied to a principal structure on the property and shall not be located closer than 1½ times the required offset distance to the principal structure on the property.

(5)

FLOOR AREA. There is no minimum floor area requirements for a guesthouse.

(1)

No trailer shall be used for storage purposes. No trailer shall be used for the purpose of habitation in excess of 7 days aggregate in any 365 day period, without first obtaining an occupancy permit from the Village Building Inspector upon payment of a fee as outlined in the Fee Schedule for each permitted occupancy. The trailer shall not be used in any event for the purpose of permanent habitation, defined as more than 45 consecutive days or more than 60 aggregate days habitation in any 365 day period except as described in subsection (2), below. Occupancy of such trailer by any person for any of the normal incidents of human habitation during any part of a day shall constitute a day's habitation. No person shall at any time conduct any business out of any trailer or mobile store or office, except as the same may be licensed and only in a zoning district that allows such business use.

(2)

In the event of a disaster, such damage to the principal residence caused by fire, flooding, windstorm or essential service disruption, use of a trailer as a temporary residence is permitted. An occupancy permit must be obtained from the Village Building Inspector for the temporary occupancy and is issued upon payment of a fee as outlined in the Fee Schedule. The permit shall be valid for up to 6 months if the primary residence is being rebuilt.

(1)

Recreational vehicles shall not be permanently parked or stored in the front yard in any Residential or Rural Estate District.

(2)

Recreational vehicles may be parked in front or side yards overnight or on weekends and shall only be parked or stored in backyards.

(3)

Trailers may be used temporarily as an office for a period of 90 days without sewer or water, subject to review by the Village Board every 90 days.

The keeping of horses is permitted in Agricultural, Rural Estate and Residential Districts, subject to the following conditions:

(1)

A minimum lot area of 3 acres is required in any Rural Estate or Residential District.

(2)

One horse per acre of lot area may be kept.

(3)

Site plan required for barn or stable in conjunction with a residential dwelling.

(4)

No barn, stable, riding or grazing area or storage area for equestrian supplies, such as equipment or food, shall be within 150 feet of the lot line if residential use abuts the lot line.

In any district, no equipment or materials of any kind shall be piled, stacked or stored out of doors, except when it is anticipated that such equipment or materials are to be utilized currently and ancillary to a lawful use of the premises. Except for agricultural equipment or materials in appropriate districts and except for domestic fuels, any materials to be used more than 90 days from the time of such piling, stacking or storage shall not be considered as piled, stacked or stored for current use. Such piled, stacked or stored materials are only used, for purposes of this subsection, when the pile, stack, or stored materials are completely removed from the property, and the rotation of materials or relocation of the materials is not sufficient for compliance with this section.

(1)

COMPLIANCE. For the purpose of promoting compatible development, aesthetics, stability of property values and to prevent impairment or depreciation of the residential, commercial-industrial community in the Village, no structure in any Business or Industrial District shall hereafter be erected, moved, reconstructed, extended, enlarged or have its exterior altered or changed in such a manner as to violate the principles set forth in this chapter. Small accessory structures not requiring a zoning permit pursuant to this chapter are made exempt from the requirements of this section.

(2)

PRINCIPLES. To implement and define criteria for the purposes set forth in subsection (1), the following principles are established:

(a)

No building or sign shall be permitted, the design or exterior appearance of which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.

(b)

No building or sign shall be permitted, the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony or drabness.

(c)

No building or sign shall be permitted where any exposed facade is not constructed or faced with a finished material which is aesthetically compatible with the other facades and presents an attractive appearance to the public and to surrounding properties.

(d)

No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area or which would unnecessarily have an adverse affect on the beauty and general enjoyment of existing structures on adjoining properties.

(3)

ADMINISTRATION. The Zoning Administrator shall require that each zoning permit application in any Business or Industrial District be accompanied by plans showing the exterior elevations of all existing and proposed structures on the property, a description of the proposed materials to be used and proposed floor elevations of all structures. The Zoning Administrator shall transmit all zoning permit applications and their accompanying plans to the Village Plan Commission for their review. (See §§17.86 and 17.88(5).)

(4)

REVIEW AND FINDINGS. The Plan Commission shall review the referred plans at a subsequent meeting, but not more than 30 days after the original application for a zoning permit. The Plan Commission shall not approve any building plans unless they find beyond a reasonable doubt after viewing the application that the structure as planned will not violate the principles set forth in sub. (2) of this section.

(5)

APPEALS. Any person or persons aggrieved by any decisions of the Plan Commission related to architectural control may appeal the decision to the Zoning Board of Appeals. Such appeal shall be filed with the Village Clerk within 30 days after filing of the decision with the Zoning Administrator.

In any district no land shall be used and no building shall be erected, structurally altered or relocated except for one or more of the uses as stated herein for that district and in compliance with the regulations established herein for that district.

(1)

PRINCIPAL USES. Only those principal uses specified for a district, their essential services and the following uses shall be permitted in that district:

(2)

ACCESSORY USES.

(a)

Accessory uses are permitted in any district, but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry. Accessory uses include incidental repairs, storage, antennas, private wading pools, private underground emergency shelters and uses customarily incidental to the permitted use of the main building or use of the premises. In no case shall any accessory use be permitted nearer than 8' to any lot line.

(b)

Accessory buildings or structures which are not a part of a main building shall comply with the area restrictions set forth in § 17.34 and shall not be more than 15' high and shall adhere to the offsets required in Zoning Districts as set forth in §17.40. The above height and area restrictions shall not apply to accessory buildings or structures on farms of 10 or more acres in area, but such accessory buildings or structures shall not be closer than 100' to any side lot line. Where an accessory building or structure is not located entirely within the rear yard, the side yard requirements for the district in which the premises are located and the side yard area requirements in § 17.34(1) shall be applied to such accessory building or structure. No accessory building or structure shall be constructed without a zoning permit. (Rep. & recr. #160)

(3)

PYRAMIDING OF LAKE ACCESS PROHIBITED. Pyramiding shall be prohibited on any lands fronting on a lake.

(4)

CONDITIONAL USES. Conditional uses and their accessory uses are considered special uses requiring review, public hearing and approval by the Village Plan Commission.

(5)

UNCLASSIFIED OR UNSPECIFIED USES. (Rep. & recr. #183) Unclassified or unspecified uses as defined herein, may be permitted by the Village Board after the Village Plan Commission has made a review and recommendation to the Village Board, provided that such uses are similar in character to the principal uses permitted in the district and after making such a determination, said use will be subject to review and approval of a site plan and plan of operation as outlined in §17.30.

(6)

TEMPORARY USES. (Rep. & recr. #183) Temporary uses as defined herein, may be permitted by the Village Board for a period not to exceed 90 days, unless a specific time extension is granted by the Village Board.

(7)

LIVESTOCK PROHIBITED. No livestock, sheep, poultry or swine shall be kept, raised or bred in any district, except the A-1 Agricultural District.

(8)

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

(9)

EARTH STATION DISH ANTENNAS. Ground mounted and building mounted earth station dish antennas are permitted as accessory uses, provided that all applicable requirements of this chapter are met.

(a)

Earth station dish antennas shall be constructed and anchored in such a manner to withstand winds of not less than 80 mph and such installations shall be constructed of noncombustible and corrosive resistant materials.

(b)

Earth station dish antennas shall be filtered or shielded so as to prevent the emission or reflection of electromagnetic radiation that would cause any harmful interference with the radio or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the dish antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(c)

Ground mounted earth station dish antennas shall not exceed a height of 20 feet. Building mounted earth station dish antennas shall not exceed the maximum height regulation of the district in which they are located.

(d)

Earth station dish antennas shall also comply with the applicable yard offset provisions in this chapter.

(e)

Not more than one earth station dish antenna shall be permitted on a lot or parcel in a residential zoning district.

(f)

All earth station dish antennas and the construction and installation thereof shall conform to applicable Village Building Code and Electrical Code regulations and requirements. Prior to the issuance of a building permit for a building mounted earth station dish antenna, the applicant shall submit a plan or document prepared by a registered professional engineer which certifies that the proposed dish antenna installation is structurally sound.

Each principal or accessory use in the R-4, B-1, B-2 and M-1 districts and all Conditional Uses shall require the issuance of a Zoning Permit approved by the Plan Commission and issued by the Zoning Administrator. Applications for a zoning permit shall be made in writing to the Village Clerk and shall include a site plan, plan of operation and any other information required by the Village in order to evaluate the request. (Rep. & recr. #183)

(1)

REQUIRED FORM OF AND INFORMATION ON SITE PLAN. Every site plan shall be submitted to the Plan Commission in 10 copies and be drawn to a scale not smaller than 50 feet to the inch, certified by a registered land surveyor, professional engineer, planner or architect and shall show the following:

(a)

The boundary dimensions of the area included in the site plan and the lot area of the land included in the site plan.

(b)

Existing and proposed grades and drainage systems and structures with topographic contours at intervals not exceeding 2 feet.

(c)

The shape, size, location, height and floor area of all structures, the floor area and the finished ground and basement floor grades.

(d)

Natural features, such as woodlots, drainageways, streams and lakes or ponds, and manmade features, such as existing roads and structures, with indication as to which are to be retained and which removed or altered.

(e)

Adjacent properties and their uses shall be identified.

(f)

Proposed streets, driveways, parking spaces, landing spaces and sidewalks, with indication of direction of travel for one-way streets and drives and inside radii of all curves, the width of streets, driveways and sidewalks and the total number of parking spaces shall be shown.

(g)

Architectural renderings and general floor plans shall be provided for all new buildings. These drawings and plans should show sufficient detail to indicate the architectural design of the proposed buildings, but all design details are not required at this stage.

(h)

The size and location of all existing and proposed public and private utilities.

(i)

A vicinity sketch showing the location of the site in relation to the surrounding street system.

(j)

The name, address and telephone number of the owner, developer and designer.

(k)

The anticipated resident population contained within the project or the number of employees anticipated to determine the project's impact on public utilities.

(l)

Any other information necessary to establish compliance with this and other applicable Village ordinances.

(2)

MUNICIPAL SANITARY SEWERAGE. (Rep. & recr. #183) Municipal sanitary sewerage connections are required for all structures used for human habitation or occupancy, except those structures permitted in areas not designated for service by Village sanitary sewers. Such structures shall be served by a private on-site soil absorption sewage system. Permit applications for such structures used or intended to be used for human habitation or occupancy shall be accompanied by a State septic tank permit.

(3)

ZONING PERMIT. (Rep. & recr. #183) A zoning permit shall be issued in writing by the Zoning Administrator within 15 calendar days after final approval by the Plan. The permit shall expire within 6 months unless substantial work has commenced.

(4)

USES NOT REQUIRING A ZONING PERMIT. No zoning permit shall be required in any of the following instances:

(a)

For any improvement or alteration to an existing building 150 sq. ft. or less in area which does not effect a change in use.

(b)

For repairs not involving an increase in the area of the structure provided, however, that any work not requiring a permit shall comply with the applicable setback, yard, height and other requirements of this chapter.

(1)

INTENT.

(a)

Planned development projects are substantially different in character from other conditional uses and for this reason specific and additional standards and exceptions are hereby established to regulate planned development projects.

(b)

The intent of planned regulations is to permit greater flexibility and more creative and imaginative design for the development of a site than is possible under conventional zoning regulations. It is also intended to promote more economical and efficient use of land while providing a higher level of amenities and preservation of the natural qualities of open spaces.

(c)

The application of the Planned Development technique is not intended to permit an increase in overall project density greater than the density permitted in the underlying zoning district. However, the density of specified areas in a residential planned development may be increased by reducing the required minimum lot area to preserve public or private common open space located within the planned development project area.

(d)

Planned unit developments are permitted in R-1, R-5a and R-5b Districts as shown on the official zoning map, subject to the following regulations and those in §§17.43 and 17.47 of this chapter.

(2)

APPLICATION PROCEDURE.

(a)

Preapplication Conference. Prior to official submission of a preliminary application for a special zoning permit, the applicant shall meet with the Plan Commission for a preapplication conference to discuss the scope and nature of the proposed development, review the local regulations and policies applicable to the project and consider the land use implications of the proposal.

(b)

Preliminary Application Submission. Following the preliminary conference, a petition for a planned unit development shall be submitted to the Village Clerk by the owner or his agent of the property under consideration, for approval under the provisions of these regulations. Such petition shall be accompanied by a fee as stated on the Fee Schedule and a preliminary development plan. The preliminary development plan shall include: (Rep. & recr. #183)

1.

Data on the total size of the project, including the area of open space and proposed number of residential units, and projections of household sizes, marketability of the project and impacts of the project on municipal services.

2.

A general summary of financial factors, such as value of the structures, estimated improvement costs, amounts proposed for landscaping and special features, estimated sale price of units and total anticipated development cost of project.

3.

General outline of intended organizational structure related to property owners' association, deed restrictions and provision of service.

4.

A project staging plan which outlines a timetable for project development including, but not limited to, roadcutting, utility hookups, building construction, landscaping and open space recreational areas provision.

5.

A site plan, which is an accurate map of project areas, includes:

a.

The relationship of the project area to surrounding properties.

b.

Depiction of general terrain and topographic characteristics, the location of all significant terrain features, such as streams, ponds, tree growth, etc., and the location of all existing structures, rights-of-way and easements.

c.

The size, arrangements and location of lots or proposed building groups.

d.

The locations, dimensions and grades of all proposed structures, roadways and parking areas.

e.

A generalized landscaping plan showing areas to be planted and the nature of planting.

f.

The location of recreational and open space areas and areas reserved or dedicated for public uses, such as schools, parks, etc.

g.

Architectural drawing and sketches illustrating the design and character of proposed structures.

h.

A description of general utility plans, including sewage waste disposal, storm drainage and water distribution.

(3)

REFERRAL TO PLAN COMMISSION.

(a)

Public Hearing. After receipt of the petition for planned unit development approval, the Plan Commission shall advertise a public hearing on the request as soon as all data and information is on file with the Plan Commission. The hearing shall be in accordance with notice provisions of §17.90 of this chapter.

(b)

Consultant Fee. If the Plan Commission or Village Board decides to retain technical consultants to review any aspect of the proposed development, the petitioner shall be notified of such intent and that such consultation fees shall be charged to the petitioner.

(c)

Basis for Approval. After study and review of the preliminary development plan and within 90 days from the date of the public hearing, the Plan Commission shall make its recommendation to the Village Board as to the appropriateness and desirability of the petition.

(d)

Standards. The Plan Commission in making its recommendations and the Village Board in making its determination shall give consideration and satisfy themselves as to the following:

1.

That the owners of property in question have demonstrated that they intend to start construction within a reasonable period following approval of the project and carried out according to a reasonable construction schedule satisfactory to the Village.

2.

That the proposed development is consistent in all respects to the spirit and intent of this chapter and with the Village master plan.

3.

That such development specifically will create an attractive residential environment of sustained desirability and economic stability, compatible with the character established for the area by the Village master plan.

4.

That the population composition will not result in an adverse effect upon the Village's capability to provide school or other municipal service facilities.

5.

That adequate guarantee is provided for permanent retention as "open area" of the residential open land area resulting from the application of these regulations, either by private reservation for the use of the residents within the development or by dedication to the public.

6.

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the Village, as part of the conditions for project approval, an open space easement over such open areas restricting the area against any future building or use, except as is consistent with that of providing natural or landscaped open space contributing to the environmental enhancement of the development. Buildings or uses for noncommercial recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the Village Board, following approval of building, site and operational plans by the Plan Commission.

7.

The care and maintenance of such open space reservations shall be insured either by establishment of appropriate management organization for the project or by agreement with the Village for establishment of a special service district for the project area, on the basis of which the Village shall provide the necessary maintenance service and levy the cost as a special assessment on the tax bills of properties within the project area. In any case, the Village shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the Village. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final project plans and shall be included in the title to each property.

8.

Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the Village and made a part of the condition of the plan approval.

(4)

ACTION BY VILLAGE BOARD.

(a)

The Village Board, after due consideration, may deny the petition, approve the petition as submitted or approve the petition subject to additional conditions.

(b)

The Village Board may direct issuance of a special zoning permit if all requirements of the final development plan and any other sections of this chapter have been met. A final development plan shall include, if not already submitted:

1.

Contract. A contractual agreement between the Village and the owners of the development outlining all of the obligations and commitments required by the Village.

2.

Certified Survey Map. Showing all rights-of-way, easements and exact net area. A subdivision plat may be accepted as an alternative. A full size, mylar reproducible tracing shall be submitted to the Village.

3.

Utility Easements. Wherever required by the Village and conforming to the specifications of the Village.

4.

Site Plan. An accurate map at scale of 1' = 40' showing the following:

a.

The precise locations, dimensions and grades referenced to Village datum of all structures, roadways, driveways, parking areas and walks, including all proposed or existing sidewalks adjacent to the site. All buildings shall be referenced to the building plans.

b.

The design, location and dimensions of all site details, including signs, lighting, trash enclosures, retaining walls and recreation facilities.

c.

Planting plan showing specific plant materials and sizes.

d.

Utility system plans for sanitary sewer, storm drainage, water distribution and all private utilities. Plans shall be precisely engineered, including locations, grades and sizes and shall show connections to existing utilities. Plans shall include easements over utility lines as may be required.

5.

Building Plans. Plans for every building shall include the following:

a.

Precise floor plans of every floor, including common areas and enclosed parking areas, if any.

b.

Precise elevation drawings of all exterior sides of buildings, indicating materials, finishes and colors. All exterior mechanical appurtenances, such as heating or air conditioning equipment and vents shall be shown.

c.

Number of dwelling units and breakdown by number of bedrooms, if different from preliminary plans.

6.

Construction Routes. A map of the development showing the access points to be used by construction vehicles during the course of construction and which shall become part of the contract between the Village and the developer, with such provisions for enforcement as provided in the contract.

(5)

CHANGES OR REVISIONS.

(a)

All changes, revisions or additions to any aspect of an approved planned development project shall be submitted to the Plan Commission for their review. The Plan Commission shall determine if the change, revision or addition is minor, or if it materially affects the intended design of the project and the impact of the project on neighboring uses.

(b)

If the change is judged to be minor, the Plan Commission shall review the request and pass its findings to the Village Board, who may approve the change without a public hearing.

(c)

However, if the requested change is judged by the Plan Commission to be substantial because of its effect on the intended design of the project or on neighboring uses, a public hearing shall be held by the Plan Commission prior to a final decision by the Village Board.

(6)

BOND. The Village Board may require the posting of a surety bond or letter of credit prior to the issuance of the special zoning permit to guarantee timely completion of all obligations in the contract and in compliance with approved final development plans.

(7)

STAGED CONSTRUCTION. Should the owners of a planned unit development fail to properly construct, operate or maintain the project or premises to the extent that a nuisance is caused to occupants or neighbors or constitutes a nuisance to nearby properties, the Village may refuse to approve subsequent stages of development until the situation or method of operation has been corrected.

No building, structure, or part thereof shall be built, enlarged, altered or demolished within the Village, nor shall any work be commenced on any such project, until a building permit has been issued by the Building Inspector in compliance with the provisions of this chapter and with Ch. 14 of this Code of Ordinances.

No new building, accessory structure, addition or remodeled area shall be used or occupied, as occupancy is defined herein, until an occupancy permit has been issued by the Building Inspector in accordance with Chapter 14 of this Code of Ordinances.

(1)

ACCESSORY BUILDINGS AND STRUCTURES. (Rep. & recr. #160) Accessory structures shall be permitted in the rear yard only, unless otherwise specified. Accessory buildings and structures shall not occupy more than 20 percent of the rear yard in all districts except the business and manufacturing districts where such buildings and structures shall not occupy more than 50 percent of the rear yard area. When permitted in the side, street, or front yard, accessory buildings and structures shall not occupy more than 10 percent of the respective yard area. In the case of corner lots, the Plan Commission may, in its discretion, approve an accessory building or structure that occupies more than 10% of the respective yard area when it determines that more such additional area yard area is necessary to the efficient development of the property and that sufficient, usable open space areas remain on the property.

(a)

One additional private or storage garage upon the issuance of a building permit. "One additional" as used herein, shall mean:

1.

In the case of a building with an attached garage, one accessory structure garage; or

2.

In the case of a building that does not have an attached garage, two accessory structure garages.

One additional private or storage garage may be permitted provided that it shall be placed on a concrete floor or pad; shall not exceed 625 square feet in footprint area; shall be located in compliance with the setbacks and yards requirements for the district in which it is located; shall be located at least ten feet from the principal structure; and shall not exceed 15 feet in height. No more than one additional private or storage garage shall be erected on a lot in an RE-1, R-1, R-2, R-4, R-5a or R-5b District, except that in the RE-1 District the plan Commission may, at its discretion, permit more than one additional private or storage garage when it determines that more than one private or storage garage is necessary to the efficient development of the property and that sufficient, usable open space areas remain on the lot, and subject to the same restrictions as are applicable to the first additional private or storage garage, noted above.

(b)

Accessory buildings and structures, such as garden or utility sheds or gazebos, upon the issuance of a building permit. Accessory buildings shall be placed on a pad of concrete, asphalt, wood, or metal. Accessory buildings and structures shall not exceed 150 square feet in footprint area, shall not be located closer than 10 feet to a lot line; and shall not exceed 15 feet in height. Any accessory building housing a motor vehicle subject to licensing shall be placed on a concrete floor or pad. No more than one accessory building or structure shall be erected on a lot in any district, except that the Plan Commission may, at its discretion, permit more than one accessory structure or may permit a structure exceeding 150 square feet in area when it determines that more than one such structure or a larger structure is necessary to the efficient development of the property and that sufficient, usable open space areas remain on the property. Any additional accessory building(s) or structure(s) approved by the Plan Commission shall be located in compliance with the setbacks and yard requirements for the district in which it is located and shall be located at least 10 feet from the principal structure and shall not exceed 15 feet in height. (Rep. & recr. #160)

(c)

Patios, constructed at or below yard grade, may be erected, without a building permit, and shall be located not closer than three (3) feet to a lot line.

(d)

Decks located adjacent to the principal structure shall be located in compliance with the setback and yards requirements for a building in the district in which they are located and shall require the issuance of a building permit. Freestanding decks or decks surrounding private swimming pools separated from the principal structure shall be located at least 10 feet from the principal structure and shall be located in compliance with the setback and yards requirements for a building in the district in which it is located, and shall require the issuance of a building permit.

(e)

Central air conditioning compressors, children's play structures, compost piles are permitted without a building permit, provided that such uses shall be located at least 3 feet from a lot line and shall be located in the rear or side yard, not in the front yard or street yard.

(f)

One pet pen may be placed in the rear yard of a lot in any residential district provided that the pet pen is located not closer than the setback and offset distance required for a principal structure in that zoning district to any lot line; that the pet pen is enclosed by a fence not less than 4 feet nor more than 6 feet in height; and that no pet pen shall exceed 300 square feet in area.

(g)

Swimming pools, as defined herein, are permitted in any district other than the C-1 District upon the issuance of a building permit, provided that:

1.

All swimming pools shall be surrounded by a fence (that is not a planting or hedge) not less than 4 feet nor more than 6 feet in height designed to prevent unguarded entry to the pool. Sidewalls of above-ground pools which are at least 4 feet high may be used in lieu of a fence but only if entry to the pool can only be made by a tip up ladder that prevents unsupervised access by young children;

2.

Access to swimming pools shall be controlled to prevent unguarded entry to the pool. Access to in-ground pools shall be controlled by a self-closing and self-latching gate and all such gates shall be kept securely closed and locked at all times when the owner is not present at the pool. For an above-ground pool, a tip-up ladder that prevents unsupervised access by young children may be provided in lieu of the gate;

3.

The application for a building permit shall include a plat of survey drawn to scale showing the location of the pool, the location of any fence, deck, patio and any accessory heating, pumping and filtering units that may be placed outside the pool. The survey shall also show the lot lines of the lot, the location of the residence on the lot, the location of any other structure(s) on the lot, the location of any electrical transmission lines on the lot and the location of residences and structures on neighboring lots.

4.

Swimming pools shall not be constructed directly under or over electric transmission lines or within 5 feet of such lines and any auxiliary equipment. If the 5-foot separation is not attainable, supplemental mechanical protection shall be provided and the applicant must have written approval from WE Energies. All electrical connections to a swimming pool shall be properly grounded so that no electrical current can be discharged into any part of the swimming pool or surrounding fence; (Rep. & recr. #183)

5.

No water drained from swimming pools shall be discharged onto adjacent properties, without written consent of the adjacent property owner, or into a municipal sewerage system, or directly into a navigable body of water;

6.

Equipment shall be provided by the owner for the disinfection of all pool water. No gaseous chlorination shall be permitted.

7.

Heating units, pumps, and filter equipment shall be adequately housed and muffled in such a manner as not to create a nuisance. Such equipment shall be located in compliance with the setback and yards requirements for a building in the district in which it is located.

8.

There shall be an unobstructed areaway around all pools of at least 3 feet in width.

9.

No swimming pool shall be located closer than 10 feet from a principal building and shall be in compliance with the setback and yards requirements for a building in the district in which it is located. No areaway surrounding a private swimming pool shall be located closer than 3 feet to a lot line.

10.

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

11.

All applicable Village of Nashotah, County of Waukesha and State of Wisconsin codes, ordinances, regulations and rules must be strictly followed at all times, including but not limited to any setback requirements and sanitary and environmental regulations.

12.

Notwithstanding any provision herein to the contrary, if a swimming pool that is in compliance with this section has been dismantled or removed for any reason, an identical swimming pool may be reinstalled in its original location without a building permit, but only if it is reinstalled within one year of being dismantled or removed, and subject to all other requirements of this ordinance, except as they relate to issuance of a building permit.

(h)

Relaxation pools are permitted in any District other than the C-1 District, without the issuance of a building permit, subject to the following:

1.

Access to relaxation pools shall be controlled to prevent unguarded entry to the pool. This shall be done by completely covering the pool in a manner that prevents unauthorized access, or by other means, such as compliant fencing, that is equally effective in preventing unauthorized access.

2.

No water drained from relaxation pools shall be discharged onto adjacent properties, without written consent of the adjacent property owner; if the water is chlorinated it shall not be discharged directly into a navigable body of water.

3.

The relaxation pool shall be located in compliance with the setback and yards requirements for a building in the district in which it is located.

4.

Heating units, pumps, and filter equipment shall be adequately housed and muffled in such a manner as not to create a nuisance. Such equipment shall be located not closer than 10 feet to a lot line.

5.

All applicable Village of Nashotah, County of Waukesha and State of Wisconsin codes, ordinances, regulations and rules must be strictly followed at all times, including but not limited to sanitary and environmental regulations.

(i)

Gardens, as defined herein, are permitted in all agricultural districts. In all other districts, gardens are permitted provided that such uses shall be located at least three (3) feet from a lot line and shall be located in the rear or side yard, not in the front yard or street yard. Plantings that are not gardens as defined herein may be located in any yard. All gardens and other plantings, landscaping and open areas shall be maintained at all times, free of noxious weeds and reasonably free of dead or otherwise unsightly vegetation.

(j)

A boathouse is allowed on a lot if it fully complies with all applicable Village of Nashotah, County of Waukesha, State of Wisconsin and federal government statutes, codes, ordinances and rules, including the Village of Nashotah Shoreland-Wetland Ordinance, provided that it shall be located in compliance with the side yard requirements for a building in the district in which it is located, shall be located at least ten feet from the principal structure, and shall require the issuance of a building permit.

(2)

ACCESSORY USES.

(a)

Private tennis courts, private basketball courts and private volley ball courts accessory to a residential use may be placed in the side yard or rear yard in any residential district provided that the court is located not closer than ten(10) feet to any side or rear lot line; and provided that no lighting installed around a private recreation facility shall throw rays onto adjacent property. The Plan Commission, after providing the owner with adequate notice of its consideration of the matter and after providing the owner an opportunity to be heard, may permit or require the construction of a fence around the court, and the Plan Commission may designate the required height and construction of the fence which may differ from the otherwise applicable fence requirements, when it is determined that such a fence is needed for safety purposes or to prevent the court from being a nuisance to neighbors.

(b)

Private tennis courts, private basketball courts and private volley ball courts accessory to a manufacturing or institutional use may be located in the side or rear yard of a manufacturing or institutional district provided that the court is located not closer than 10 feet to any side or rear lot line abutting a residential district; and provided that no lighting installed around an accessory recreation facility in a manufacturing or institutional district shall throw rays onto any adjacent property located in a residential district. The Plan Commission, after providing the owner with adequate notice of its consideration of the matter and after providing the owner an opportunity to be heard, may permit or require the construction of a fence around the court, and the Plan Commission may designate the required height and construction of the fence which may differ from the otherwise applicable fence requirements, when it is determined that such a fence is needed for safety purposes or to prevent the court from being a nuisance to neighbors.

(c)

Public tennis courts, public basketball courts and public volley ball courts permitted as conditional uses pursuant to Section 17.69 of this Code may be located in the side or rear yard of a business district provided that the court is located not closer than 10 feet to any side or rear lot line abutting a residential district; and provided that no lighting installed around a public recreation facility shall throw rays onto any adjacent property located in a residential district. The Plan Commission, after providing the owner with adequate notice of its consideration of the matter and after providing the owner an opportunity to be heard, may permit or require the construction of a fence around the court, and the Plan Commission may designate the required height and construction of the fence which may differ from the otherwise applicable fence requirements, when it is determined that such a fence is needed for safety purposes or to prevent the court from being a nuisance to neighbors.

(d)

Accessory Uses Permitted in Any Yard. The following accessory uses and structures may be placed on any yard without a building permit provided that such use does not interfere with the vision clearance triangle as set forth in Section 17.20(1) of this Code; shall not be located closer than three (3) feet to a side or rear lot line and shall not exceed 15 feet in height (except for flag poles): Basketball hoops, bird houses, flag poles (flag poles shall not exceed the height limitation for a building for the district in which they are located), fountains, lawn furniture, religious statues, and wishing wells.

(e)

Rummage Sales (including Garage Sales) may be conducted in any district provided that the rummage sale does not exceed four (4) consecutive days in length and is not conducted more often than three (3) times per year on any lot. Rummage sales do not require the issuance of a building permit.

(f)

Fences are prohibited in all districts except that the following described fences are a permitted accessory use in the following described districts, provided that they shall comply with the following requirements:

1.

Barbed Wire Fences and electric fences are prohibited in the Village of Nashotah except in the A-1 Agricultural District and except as set forth in subsection 5. below.

2.

Residential, barbed wire, electrical, ornamental and screening fences are permitted on any lot in an agricultural district up to the lot line and shall not exceed four (4) feet in height in the street yard or six (6) feet in height in the side yard or rear yard.

3.

Residential fences are permitted up to the lot line in the side and rear yards of all districts, but shall not exceed a height of six (6) feet, and shall not extend into the street yard in a residential district. Said fences shall be constructed in such a manner that the "finished" side shall face the neighboring property. Fence posts shall be on the side of the fence facing the owner's property. A taller fence may be allowed, upon the approval of the Plan Commission, if the Plan Commission finds that the fence will not unreasonably adversely affect neighboring property and that the fence is appropriate for health, safety, or nuisance abatement reasons.

4.

Ornamental Fences are permitted in the street yard in any district, but shall not be erected in a street right-of-way and shall not exceed a height of 48 inches. Ornamental fences shall be constructed in such a manner that the "finished" side shall face the neighboring property. Fence posts shall be on the side of the fence facing the owner's property.

5.

Security Fences are permitted up to the property lines in all districts except residential districts, and except on lots in any district which are used strictly for residential purposes. Security fences shall not exceed 10 feet in height. Security fences may include up to four strands of barbed wire on the top of the fence provided that the barbed wire is at least 8 feet above grade with the vertical supports for the barbed wire slanting inward away from the property line. Security fences shall be constructed in such a manner that the "finished" side shall face the neighboring property. Fence posts shall be on the side of the fence facing the owner's property.

6.

Screening Fences are permitted up to the property lines in all districts except residential districts, but shall not exceed 10 feet in height. A screening fence may be allowed in a residential district, upon the approval of the Plan Commission, if the Plan Commission finds that the fence will not unreasonably adversely affect neighboring property and that the fence is appropriate for health, safety, or nuisance abatement reasons.

7.

On a corner lot, abutting on the rear the side lot line of another lot in a Residential District, no fence within 25′ of the common lot line shall be closer to the side street lot line than the minimum depth of the front yard required on such other lot fronting the side street. See also section 17.20 (1) of this chapter for corner lots.

8.

All fences shall be kept in good condition and repair at all times, including painting if appropriate. Subsequent additions, changes, or repairs to an existing fence shall conform to the original construction and be consistent therewith.

9.

Where a fence is located on a lot which abuts a different zoning district, a fence that will be located along the lot line abutting the different district, or in close proximity thereto, shall comply with the fence requirements for the district in which it is located, or with the fence requirements for the abutting district, whichever requirements are more restrictive. If a dispute arises regarding which district's requirements apply, the matter shall be submitted to the Plan Commission, and the Plan Commission's decision shall be final.