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

Accessory structure means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

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

Adult-oriented facilities means commercial establishments in which a significant portion of the business is to:

(1)

Display, sell, have in their possession for sale, offer for view, publish, disseminate, give, lease, or otherwise deal in any written or printed matter, pictures, films, sound recordings, machines, mechanical devices, models, facsimiles, or other material and paraphernalia depicting sexual conduct or nudity;

(2)

Display for viewing any film or pictures depicting sexual conduct or nudity; and/or

(3)

Have any person appear or perform in a manner depicting sexual conduct or involving nudity.

Antenna means a device designed to receive or send broadcasts as over the air signals from transmitters, including fixed television or radio signals, or microwave signals from earth orbiting communications satellites.

Arterial highway means a public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways include freeways and expressways, state trunk and county trunk highways, and other heavily traveled streets.

Basement means that portion of any structure which is below grade or which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.

Bed and breakfast home means an owner occupied home which provides lodging, breakfast, and hospitality. A bed and breakfast establishment does not include franchise operations, hotels, motels, resorts and boardinghouses. A bed a breakfast would have one to five sleeping rooms available for guests. The breakfast is included in the price of the room. Meals are provided to guests only.

Bed and breakfast inn has the same characteristics as a bed and breakfast home, except there may be up to 15 sleeping rooms, and the owner or innkeeper resides in the inn or on contiguous property.

Bedroom means a private room, 100 square feet or more in area, planned for sleeping and separable from other rooms by a door.

Buffer yard means an area of land containing sufficient area and width, landscape plantings, earth berms, fencing, walls, or other visual and/or sound barriers intended to eliminate or minimize land use conflicts between adjacent land uses.

Buildable area means the area of the lot remaining after the minimum front setback, side setbacks, rear setback, and other open space requirements, such as wetlands, have been met. (See Illustration No. 3 attached to Ord. No. 2008-1.)

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, vehicles or materials.

Building height means the vertical distance measured from the mean elevation of the finished lot grade along the front yard of the structure to the highest point of the roof. (See Illustration No. 4 attached to Ord. No. 2008-1.)

Building permit means the permit that is used for the administration and enforcement of the zoning ordinance and is interchangeable with the term "zoning permit" for purposes of the zoning ordinance.

Building, principal, means the main building or structure as distinguished from a secondary or accessory building. The principal building includes a house in a residential district, a store in a business district, and a factory in a manufacturing district.

Co-housing means temporary housing provided by means of modifications to an existing housing unit or garage, or the placement of a mobile home on a lot for the exclusive purpose of accommodating a child, parent, or grandparent for a temporary period of time where physical or mental care and observation is administered by the occupants of the principal dwelling on the same parcel. Co-housing shall comply with the lot standards of the district it is located, in addition to any attached conditions, but this does not eliminate the right to apply for variances.

Comprehensive plan means a plan prepared according to the standards of Wis. Stats. § 66.1001.

Conditional uses means uses of a special nature as to make impractical their predetermination as a permitted use in a district. Conditional uses have been used in zoning ordinances as flexible devices, which are designed to cover situations where a particular use, although not inherently inconsistent with the use classification of a particular zoning district, may create special problems and hazards if allowed to develop and locate as a matter of right in a particular zoning district. Conditional uses are issued to properties, not individuals, and their continued use runs with the property, not with the owner.

Dwelling means a building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, cabins, or travel trailers.

Essential services means services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead facilities such as gas, electrical, steam, water, sanitary sewage, stormwater drainage, and communication systems and accessories thereto, such as poles, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, detention basins, drainage channels, catchbasins, water storage tanks, conduits, water valves, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, railroad tracks, and hydrants, but not including buildings.

Fence, residential, means a fence intended to identify residential property lines, provide for privacy, and/or to protect members of a household, especially children, or to enclose permitted household pets. A residential fence may also secure a private swimming pool against unauthorized entry. Residential fences cannot exceed six feet in height, except front yard fences may not exceed four feet in height, and may not exceed two feet in height in corner lot setback areas, and no fences are permitted in vision clearance triangles. Residential fences are often of the picket, rail, stockade, board-on-board, board and batten, basket weave, or louvered type, and may include chain link fences. Screening panels intended to screen a patio, deck or used for yard or garden landscaping are not considered to be fencing under this article.

Fence, security, means a fence intended to guard property against unauthorized entry, and to protect stored goods and products from theft and other unauthorized handling. Security fences usually exceed six feet in height, are often made of wrought iron or woven wire, and may incorporate additional security features such as barbed wire.

Floor area, gross, means the sum of the gross horizontal areas of the floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

Floor area, net, means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading space; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. Very often, for ease of administration, net floor area is expressed as gross floor area minus a certain percentage. Empirically, stairwells, elevator shafts, equipment rooms, and utility rooms generally average out to about 15 percent of the gross floor area.

Home occupation means any occupation for financial gain or support conducted entirely within the premises by resident occupants; which is customarily incidental to the principal use of the premises and which has no exterior affects from such occupation, except an identification sign not to exceed three square feet. Such occupation shall not consume more than 25 percent of the net floor area of the home and may employ only one person who is not a member of the family residing in the home.

Legal nonconforming structure means a building or structure lawfully existing at the time of adoption of the ordinance from which this article is derived which houses a use which is permitted in the district, but does not comply with all the applicable area, height, yard, and/or parking requirements of the district in which it is located.

Legal nonconforming use means any use of land, or land and buildings in combination, lawfully existing at the time of adoption of the ordinance from which this article is derived, which does not comply with the use regulations for the district in which it is located.

Living area means the total area bounded by the exterior walls of a building at the floor levels, but not including basement, garages, porches, breezeways, and unfinished attics.

Lot area, gross, means the total area within the lot lines of a lot, excluding any street rights-of-way.

Lot area, net, means the total area within the lot lines of a lot, excluding any street rights-of-way and any land under any waterbody extending downward from the ordinary high-water mark.

Lot width means the horizontal distance between side lot lines of a lot measured at right angles to its depth along a straight line and parallel to the front lot line, or its chord if on a curve. Lot widths may vary in width, especially on cul-de-sac lots and lots on curved streets, from the front of the lot to the back of the lot. A lot is not considered buildable unless the minimum lot width required for the district in which the lot is located is maintained at the front setback line and for a distance of 25 feet immediately behind the front setback line. (See Illustration No. 7 attached to Ord. No. 2008-1.)

Lot, zoning, means any number of platted lots under one ownership, all of which have the same zoning classification and which area can be considered as a single parcel or lot for purposes of meeting zoning dimensional standards for development, including width, area, and depth standards.

Manufactured home.

(1)

The term "manufactured home" means a structure transportable in one or more sections without any permanent wheels, axle or hitch, which, in the traveling mode, is eight feet or more in width or 40 body feet or more in length, provided that when erected on site, the home is a minimum of 500 or more square feet in net area, and which is built on a permanent chassis and designed to be used as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. A mobile home may be classified as a manufactured home if it has been converted to real property as provided by law and is taxed as a site dwelling. For purposes of this article, a manufactured home shall be considered the same as any other site-built single-family home. Wis. Stats. § 101.91(2) shall govern regarding the definition of manufactured home if different than defined herein.

(2)

The term "manufactured home" does not include a building of open construction, which is not subject to the previous paragraph. A single or double width manufactured (mobile) home is not considered a manufactured dwelling

Mobile home means a home having living quarters designed for transportation after fabrication on streets and highways on its own wheels or on flatbed or trailers but without its own motive power, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on supports or permanent foundations, and/or connection to conventional utilities. A mobile home will be defined as meeting the federal manufactured home construction and safety standards for mobile homes, and a mobile home shall have a manufacturer's plate or label permanently attached to the outside of the home attesting to compliance with the above institute standard. A mobile home is not a travel trailer, motor home or any other form of recreational vehicle. Wis. Stats. § 101.91(10) shall govern regarding the definition of mobile home if different than defined herein.

Modular home means a non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final assembly and installation are made, permanently affixing the module to the site. Modular homes shall be subject to the same standards as site built single-family homes.

Performance standard means a criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare or heat, and lighting intensity or off-site impacts generated by or inherent in uses of land and buildings.

Right-of-way line or street easement line, for purposes of this article, means the lot line of the abutting property.

Rummage sale means and includes all general sales open to the public, for the purpose of disposing of personal property, and conducted from or on residential premises. The term "rummage sale" includes, but is not limited to, all sales titled "rummage," "lawn," "yard," "porch," "room," "backyard," "patio," "flea market" or "garage" sale. The term "personal property" means property which is acquired, owned, utilized and maintained in the normal course of living in or maintaining a residence. The term "personal property" does not include merchandise which was purchased for resale or obtained on consignment.

Setback means the minimum required horizontal distance measured into any lot or parcel from all property lines or street easement lines. The required setback distances are separately established for each zoning district. Regulated areas created by setback distances are restricted against development except as may otherwise be permitted by this article. For purposes of this article, the property line of a lot adjacent to a street is the street right-of-way line. (See also Setback, front ; Setback, side; and Setback, rear .) The setback line nearest the street shall not be measured from the curb or edge of the street but rather from the street right-of-way line which is defined as the lot line in the case of a dedicated street, or in the case of a street on an easement over a private parcel the setback is measured from the street easement line.

Setback, front, means a line established on a parcel of land for the purpose of identifying the nearest point that a principal or accessory structure may be constructed back from a street right-of-way or street easement line. The setback distance is the minimum required horizontal distance between the front property line and the nearest foundation wall of a principal or accessory building, excluding overhangs higher than eight feet above the foundation, gutters, steps extending up to six feet into the setback, including roofing above such steps, and awnings. Where the street line is an arc, the setback shall be measured from the arc. A structure may be located further back from the building setback line as long as all other setbacks are complied with. (See Illustration No. 5 attached to Ord. No. 2008-1.)

Setback, rear, means a line established a regulated distance back and parallel to the rear of a parcel of land for the purpose of identifying the nearest point a principal or accessory structure may be placed to a lot line or right-of-way line. The minimum required horizontal distance between the rear internal lot line and a line parallel thereto through the nearest foundation wall of the principal or accessory structure, excluding overhangs higher than eight feet above the foundation, uncovered steps and stoops, gutters and awnings. (See Illustration No. 8 attached to Ord. No. 2008-1.)

Setback, side, means a line established on a parcel of land and parallel to a side lot line for the purpose of identifying the nearest point a principal or accessory structure may be placed to such side lot line. (See Illustration No. 10 attached to Ord. No. 2008-1.)

Sign, electronic messaging center (EMC), means digital signs where the copy of the message can change frequently. A vehicle, trailer, or other device not fixed to the ground and containing words and graphics which communicate a message to the public is not a permitted sign and use of land under this article.

Structure means anything constructed, assembled or erected, the use of which requires location on or in the ground, or that it be attached to something having a location on the ground, but not including regulatory signs and posts, and utility poles and lines and their normal accessory equipment attached thereto. Conventional flag poles and fences are not structures.

Unnecessary hardship means the circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building height) unnecessarily burdensome or unreasonable in light of the purpose of this article. Unnecessary hardship is present only where, in the absence of a variance, no feasible use can be made of the property. An incremental increase in business revenue or advantage shall not qualify as justification for granting a variance from ordinance standards.

Use, principal, means the main use of land, or land and buildings in combination, as distinguished from a secondary or accessory building, including, but not limited to, a house in a residential district, a store in a business district, a factory in a manufacturing district, or crops or farm buildings in an agricultural district. Within the zoning districts in this article, the principal use is also referred to as the "permitted use."

Variance means an authorization granted by the zoning board of appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this article.

Vision clearance triangle means a triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (See Illustration No. 1 and 2 attached to Ord. No. 2008-1.)

Yard means a regulated open space on the same lot with a structure, unoccupied and unobstructed from the lot line to the setback line and extending upward in a vertical plane, except for permitted vegetation. The front and rear yards extend the full width of the lot.

Yard, front, means the regulated front yard area within the required setback distance extending along the full length of the front lot line between the side lot lines.

Zoning permit means the permit that is issued for the administration and enforcement of this article and is interchangeable with the term "building permit" for purposes of this article.

(Ord. No. 2008-1, § 46-461, 8-6-2008)

The regulations of this article are adopted under the authority granted by Wis. Stats. §§ 62.23(7), 62.231, 87.30, and 281.31.

(Ord. No. 2008-1, § 46-462, 8-6-2008)

The purpose of this article is to promote the health, safety, morals, prosperity, aesthetics, and general welfare of this community, as well as to promote the economy of the community, protect property values, provide for economy and efficiency in village government, and to establish consistency with the village's comprehensive plan.

(Ord. No. 2008-1, § 46-463, 8-6-2008)

It is the general intent of this article to regulate and restrict the use of all structures, lands, and waters; and to:

(1)

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

(2)

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

(3)

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

(4)

Secure safety from fire, pollution, contamination, and other dangers;

(5)

Further the maintenance of safe and healthful water conditions;

(6)

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

(7)

Stabilize and protect existing and potential property values;

(8)

Further the appropriate use of land and conservation of natural resources;

(9)

Preserve and protect the beauty of the community;

(10)

Facilitate the use of solar energy devices and other innovative development techniques;

(11)

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

(12)

Provide for the administration and enforcement of this article and to provide penalties for its violation.

(Ord. No. 2008-1, § 46-464, 8-6-2008)

It is not intended by the provisions of this article to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to laws. Except as otherwise provided in this article, wherever this article imposes greater restrictions, the provisions of this article shall govern.

(Ord. No. 2008-1, § 46-465, 8-6-2008)

In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other power granted by statute. The reference to any state statute or administrative code in interpreted to include any subsequent amendments to that statute or code.

(Ord. No. 2008-1, § 46-466, 8-6-2008)

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

(Ord. No. 2008-1, § 46-467, 8-6-2008)

The jurisdiction of this article shall include all lands and waters within the corporate limits of the village.

(Ord. No. 2008-1, § 46-469, 8-6-2008)

No structure, land, or water shall be used or developed and no structure or part thereof shall be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except in conformity with the regulations herein specified for the district in which it is located; except that in residence districts, a lot of record as of February 7, 2001, even though not meeting the requirements of this article as to area and width, may be used for single-family residence purposes.

(Ord. No. 2008-1, § 46-470, 8-6-2008)

Unless specifically exempted by law, all towns, counties, school districts, and other public entities are required to comply with this article and obtain all required permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the state department of transportation are exempt from compliance when Wis. Stats. § 30.2022 applies.

(Ord. No. 2008-1, § 46-471, 8-6-2008)

The following use restrictions and regulations shall apply:

(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 and structures 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, except home occupations and professional home offices as defined in section 50-231.

(3)

Conditional uses, and their accessory uses and rezonings of land from one zoning district to another require review, public hearing, and approval by the village planning and zoning commission and village board in accordance with section 50-266.

(4)

Temporary uses may be permitted by the zoning administrator for a period of 14 days or as hereinafter provided. Temporary use permits for longer periods may be issued by the village planning and zoning commission after review of site and operation plans. Special requirements may be imposed for parking, sanitary facilities, lighting, and hours of operation. No temporary use listed herein shall be conducted within the street right-of-way. Temporary uses permitted under this section may be allowed one temporary sign not to exceed 50 square feet in area on one side and 100 square feet in area on all sides. All buildings, tents, equipment, supplies, and debris shall be removed from the site within ten days following the temporary activity. Temporary uses permitted under this section include:

a.

Real estate sales or rental field offices or model homes may be permitted in any residential district.

b.

Temporary structures, including mobile home units, may be permitted in any business or manufacturing, or institutional district. Such temporary structure may be used as a business, institutional or professional office during or immediately prior to the construction of a permanent structure.

c.

Shelters for materials and equipment being used in the construction of a permanent structure or public utility may be permitted in any district. The zoning administrator or planning and zoning committee may require that storage areas be screened to prevent a view of materials or equipment from adjacent properties.

d.

Because it is difficult to enumerate all temporary uses that may occur in the village, any other use which the planning and zoning committee finds to be similar to other temporary uses permitted in a given district, will not be disruptive to the neighborhood, and will not create a hazard to traffic in a neighborhood may be permitted. The planning and zoning committee may impose additional operational or construction conditions on such temporary uses when it is deemed necessary.

(Ord. No. 2008-1, § 46-472, 8-6-2008)

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of 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. The village zoning administrator shall, in applying the provisions of this section, recite in writing the particular facts upon which a conclusion is made that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability. Thereafter the village planning and zoning commission may affirm, modify, or withdraw the determination of unsuitability. In addition:

(1)

Lots. All lots shall abut upon a public street, and each lot shall have a minimum lot width measured at the street setback line as specified in each district, but not less than 65 feet. The required minimum lot width shall be maintained for at least 30 feet beyond the street setback line for construction of the principal structure.

(2)

Location of structures. All principal structures shall be located on a lot; and only one principal structure shall be located, erected, or moved onto a lot in single-family and two-family residential districts. The planning and zoning commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the planning and zoning commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.

(3)

Yard requirements. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yards 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.

(4)

Buffer yard. A buffer yard shall be created and maintained around all business and manufacturing districts which abut upon residential districts and which are adjacent to limited access arterial streets and highways which abut upon residential districts. The planning and zoning committee may also require a buffer yard around business and industrial districts abutting park and institutional districts. Buffer yards shall be a minimum of 20 feet in width; shall be in addition to the required street yards, side yards, and rear yards; and shall screen business or manufacturing uses from adjoining lands in such a manner that:

a.

If the buffer yard is composed entirely of plant materials, it shall be of sufficient initial depth and height and of such varieties as to provide adequate visual screening within no more than two years and during all seasons of the year.

b.

Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence to create an attractive view from the residential side, and all walls and fences shall be maintained in a structurally sound and attractive condition. Any wall or fence shall be not less than four feet nor more than six feet in height.

c.

All landscaping shall be maintained by the owner or operator to the satisfaction of the zoning administrator.

d.

Where the land adjacent to the buffer yard is a parking lot, the buffer yard shall be sufficiently opaque to prevent the penetration of headlight glare. Overhead lighting installed in or adjacent to a buffer yard shall be downcast and shielded to not shine directly onto adjacent residential properties.

e.

No signs shall be permitted on or in any part of the buffer yard.

(5)

Vacant, through or corner lots. On a vacant, through or corner lot, either of the lot lines abutting street right-of-way lines may be established as its front lot line, except that where two or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot, a front yard shall be provided along any lot line abutting a street.

(6)

Corner lots. On a corner lot, the owner has the option of designating a side yard and a rear yard of the two remaining yards after the front yard and side yard abutting a street have been identified; as long as one is at least equal to the required side setback and the other at least equal to the required rear setback.

(Ord. No. 2008-1, § 46-473, 8-6-2008)

No lot, yard, parking area, building area, or other space shall be reduced in area or dimension not to meet the provisions of this article.

(Ord. No. 2008-1, § 46-474, 8-6-2008)