These regulations are adopted under the authority granted by Wis. Stats. §§ 61.35 and 62.23.

(Code 1986, § 10-1-1)

The purpose of this chapter is to promote the health, safety, prosperity, aesthetics, and general welfare of the village.

(Code 1986, § 10-1-2)

It is the general intent of this chapter to regulate and restrict the use of all structures, lands, and waters; regulate and restrict lot coverage, population distribution and density, and the size and location of all structures so as to: lessen congestion in and promote the safety and efficiency of the streets and highways, secure safety from fire, flooding, panic, and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the community; and implement the community's general plan or plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Code 1986, § 10-1-3)

It is not intended by this chapter 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. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 1986, § 10-1-4)

In their interpretation and application, the provisions of this chapter shall:

(1)

Be held to be minimum requirements;

(2)

Be liberally construed in favor of the village; and

(3)

Not be deemed a limitation or repeal of any other power granted by state law.

(Code 1986, § 10-1-5)

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

(Code 1986, § 10-1-10)

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

Abutting means having a common property line or district line.

Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure, and, in the case of a building, does not occupy more than 30 percent of the required rear yard.

Alley means a special public right-of-way affording only secondary access to abutting properties.

Apartment means a portion of a multiple dwelling used as a separate housing unit and having cooking facilities and a private bath.

Arterial street means a public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways as well as arterial streets, highways, and parkways.

Basement means that portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for year-around living accommodations. Space partly below grade which is designed and finished as habitable space is not defined as basement space.

Billboard means an advertising device, either freestanding or attached to a building, which is used to display information not related to the use or ownership of the establishment or the property upon which it is located.

Block means a tract of land bounded by streets or by a combination of streets and public parks, or other recognized lines of demarcation.

Boarding house means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for four or more persons not members of a family, but not exceeding six persons and not open to transient customers.

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 or materials.

Building area means the total living area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breeze ways, and unfinished attics.

Building height means the vertical distance measured from the finished lot grade along the street yard face of the structure to the highest point of the roof.

Building inspector means the employee of the village officially designated to administer village building and zoning regulations who may also be referred to as the zoning inspector.

Building line, front, means a line parallel to the street, intersecting the foremost point of the building, excluding uncovered steps.

Building, principal, means a building that is the primary use of the lot.

Business means a commercial establishment engaged in the purchase and sale of goods and services for a profit (not including manufacturing or industrial establishments).

Canopy or marquee means a roof-like structure, of a permanent nature, which projects from the wall of a building.

Cellar means a portion of a building located partly or wholly underground, and having two-thirds or more of its clear floor-to-ceiling height below the average grade of the adjoining ground. (See Basement.)

Certificate of occupancy means a written statement issued by the zoning inspector which permits the use of a building or lot or a portion of a building or lot, and which certifies compliance with the provisions of this chapter for the specified use and occupancy.

Clinic means a building used by a group of doctors or dentists for the examination or treatment of persons on an out-patient or non-boarding basis only.

Clothing repair shops means shops where clothing is repaired, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, clothes pressing shops, but none employing over five persons.

Clothing stores means retail stores where clothing is sold, such as department stores, dry goods and shoe stores, dress, hosiery, and millinery shops.

Club means a building owned, leased or hired by a nonprofit association of persons, who are bona fide members paying dues, the use of which is restricted to the members and their guests.

Collector highway means serves as a linkage between local roads and arterials. "High" collectors serve communities exceeding 200 population and significant recreational centers. "Low" collectors de-emphasize mobility and carry generally low traffic volumes.

Conditional uses means uses of a special nature as to make impractical their predetermination as a principal use in a district.

Conforming use means any lawful use of a building or lot which complies with the provisions of this chapter.

Corner lot means a lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

Curb grade means the level of the established curb in the front of the building, measured at the center of such front. Where no curb has been established, the village board shall authorize and approve the establishment of such curb level or its equivalent for the purpose of this chapter.

Dwelling means a detached building designed or used exclusively as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, tents, cabins, or mobile homes.

Dwelling, multiple, means a building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, apartment hotels and group houses.

Dwelling, one-family, means a detached building designed, arranged or used for, and occupied exclusively by one family.

Dwelling, two-family, means a building designed, arranged or used for, or occupied exclusively by two families, living independently of each other.

Dwelling unit means one or more rooms designed as a unit for occupancy by not more than one family for living and sleeping purposes.

Efficiency means a dwelling unit consisting of one principal room with no separate sleeping rooms.

Emergency shelter means public or private enclosures designed to protect people from aerial, radiological, biological, or chemical warfare; fire, flood, windstorm, riots, and invasions.

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 gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, lift stations, and hydrants, but not including buildings.

Expressway means a divided principal or primary arterial highway with full or partial control of access and with or without grade separated intersections.

Family means any number of persons related by blood, adoption, or marriage, or not to exceed four persons not so related, living together in one dwelling as a single housekeeping entity.

Farm means land consisting of two or more acres on which produce, crops, livestock or flowers are grown primarily for off-premises consumption or use.

Floor area means:

(1)

For residential uses, the sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages and basements, measured from the exterior faces of the exterior walls or from the center lines of walls or partitions separating dwelling units.

(2)

For uses other than residential, the area measured from the exterior faces of the exterior walls, or from the centerline of walls or partitions separating such uses, including all floors, lofts, balconies, mezzanines, cellars, basements, and similar areas devoted to such uses.

Freeway means an expressway with full control of access and with fully graded separated intersections.

Front yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.

Frontage means the smallest dimension of a lot abutting a public street measured along the street line.

Frontage, lot, means the smallest dimension of a lot abutting a public street, measured along the street line.

Garage means an accessory building or portion of a principal building used for storage of vehicles and other related items.

Garage, private, means an accessory building or portion of the principal building used for vehicular storage only, and having a capacity of not more than three automobiles, or not more than one automobile per family housed in the building to which such garage is accessory, whichever is the greater, and in which space may be rented for not more than three vehicles of others not occupants of the building to which such garage is accessory. The term also includes carport and, when related to the context, shall relate to the storage of one or more vehicles.

Gift stores means retail stores where items such as art, antiques, jewelry, books, and notions are sold.

Hardware stores means retail stores where items such as plumbing, heating, and electrical supplies, sporting goods, and paints are sold.

Hotel means an establishment for transient guests having more than six sleeping rooms without individual cooking facilities.

Household occupations means any occupation or profession for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises. It shall not exceed 25 percent of the gross floor area of the dwelling, nor include the display of goods visible from outside the premises.

Interchange means a grade separated intersection with one or more turning lanes for travel between intersection legs.

Joint extraterritorial zoning committee means any zoning committee established in accordance with Wis. Stats. § 62.23(7).

Junkyard means an area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.

Living rooms means all rooms within a dwelling except closets, foyers, storage areas, utility rooms, and bathrooms.

Loading area means a complete off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Local highway means roads which are intended to move vehicles from individual parcels to the higher order road systems, and should not carry through traffic. Local roads carry low traffic volumes.

Lot means a parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area, and other open space provisions of this chapter.

Lot area means the total area in a horizontal plane within the peripheral boundaries of a lot.

Lot, corner, means a lot abutting intersecting streets at their intersection.

Lot coverage means the percent of the area of a lot occupied by buildings or structures, including accessory buildings or structures.

Lot lines means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot, reversed corner, means a corner lot which is oriented such that it has its rear lot line coincident with or parallel to the side lot line of the interior lot immediately to its rear.

Lot, through, means a lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot. On a "through lot," both public streets shall be deemed front lot lines.

Lot width means the width of a parcel of land measured at the rear of the specified street yard.

Lot, zoning, means a single tract of land located within a single block, which at time of filing for a building permit is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control.

Machine shops means shops where lathes, presses, grinders, shapers, and other wood and metal working machines are used, such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating and electrical repair and overhaul shops.

Minor structures means any small, movable accessory erection or construction such as birdhouses; tool houses; pet houses; play equipment; arbors; and walls and fences under four feet in height.

Mobile home means a one-family dwelling unit of vehicular design, built on a chassis and originally designed to be moved from one site to another, and used without permanent foundation.

Mobile home park means any lot on which two or more mobile homes are parked for the purpose of temporary or permanent habitation.

Motel means a series of attached, semi-attached, or detached sleeping units for the accommodation of transient guests.

Nonconforming uses or structures means any structure, land, or water lawfully used, occupied, or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use.

Nursery school means any building used routinely for the daytime care and education of pre-school age children and including all accessory buildings and play areas, other than the child's own home or the homes of relatives or guardians.

Nursing home means any building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.

Parking facility/lot means a structure, open space or alley used for temporary parking of more than four vehicles and available for public uses, whether free, for compensation, or as an accommodation for clients or customers.

Parking space means a graded and surfaced area of not less than 180 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

Parties in interest means and includes all abutting property owners, all property owners within 200 feet, and all property owners of opposite frontages.

Planned area development means a tract of land which contains or will contain two or more principal buildings, developed under single ownership or control; the development of which is unique and of a substantially different character than that of surrounding areas.

Primary arterial highway:

(1)

Serves long trips with high mobility;

(2)

Connects regions or important cities;

(3)

Serves communities with over 5,000 population by 1990;

(4)

Continuous system in combination with principal arterials; and

(5)

Provides high level of service with only slight variation.

Principal arterial highway:

(1)

Serves longest trips with highest mobility;

(2)

Connects states, regions or metropolitan areas, serves cities with over 50,000 population by 1990; and

(3)

Is a continuous, interconnected system with uninterrupted maximum level of services.

Professional home offices means residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians, or other recognized professions where the office does not exceed one-half the area of only one floor of the residence and only one nonresident person is employed.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

Rear yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the front yard or one of the front yards on a corner lot.

Setback means the minimum horizontal distance between the front lot line and a structure.

Shopping center means a group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking provided on the property as an integral part of the unit. (See Planned area development.)

Side yard means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal street.

Signs means any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Smoke unit means the number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes.

Standard arterial highway:

(1)

Serves long trips with good mobility;

(2)

Has intraregional and inter-community connections;

(3)

Serves communities with over 1,000 population;

(4)

Is a generally continuous system in combination with principal and primary arterials; and

(5)

Provides good level of service under varying operating conditions.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between such floor and the ceiling next above it.

Story, half, means a story under a gable, hip or gambrel roof, the wall plates of which, on at least two exterior walls, are not more than two feet above the floor of such story.

Street means a public or private thoroughfare which may either provide the principal means of pedestrian or vehicular access to abutting property or may provide for the movement of pedestrian or vehicular traffic, or both.

Street yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.

Structural alterations means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.

Structure means any erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.

Travel trailer means a vehicular portable structure, built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use.

Turning lane means an existing or proposed connecting roadway between two arterial highways or between an arterial highway and any other highway. Turning lanes include grade separated interchange ramps.

Use means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of standards of this chapter.

Utilities means public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops, and storage yards.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.

Zoning district means an area within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.

Zoning permit means a permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is to be located.

(Code 1986, § 10-1-150)

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 without a zoning permit except minor structures and without full compliance with the provisions of this chapter and all other applicable local, county, and state regulations.

(Code 1986, § 10-1-11)

The village has adopted a comprehensive plan, as amended from time to time, which is on file in the office of the village clerk-treasurer.

(Code 1986, § 10-1-137)

(a)

Violations. It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this chapter. In case of any violation, village board, the plan commission, building inspector, or any person who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.

(b)

Penalties. Any person who fails to comply with the provisions of this chapter shall upon conviction thereof, forfeit not less than $100.00 nor more than $500.00 and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.

(Code 1986, § 10-1-19)

(a)

The village board hereby designates the clerk-treasurer as the official to receive, process, and, following approval by the village board, issue zoning/building permits.

(b)

The following are cases when a zoning permit is required:

(1)

Before any building or other structure which is the principal permitted use is erected, moved or structurally altered so as to change its use or increase use (floor area) above limits permitted for that district.

(2)

Before any land use is substantially altered.

(3)

Before any building or structure is erected or substantially altered which would be a conditional use or require a variance regardless of whether principal or accessory use.

(4)

Before building an accessory structure, even though not intended for human occupancy.

(c)

The permit application shall be made to the clerk-treasurer on forms provided by the village. Applications shall include the following information:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor;

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies;

(3)

Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site;

(4)

Proposed sewage disposal plan. If village sewerage service is not available, this plan shall be reviewed by the village engineer who shall certify in writing that satisfactory, adequate and safe sewage disposal is possible on the site as proposed by the plan in accordance with applicable local, county and state health regulations;

(5)

Proposed water supply plan. If village water service is not available, this plan shall be reviewed by the village engineer who shall certify in writing that an adequate and safe supply of water will be provided;

(6)

Additional information as may be required by the village board, plan commission, village engineer, and building, plumbing or health inspectors, including all information required for site plan approval under section 58-13;

(7)

Fee receipt from the clerk-treasurer in an amount as set forth in sections 1-14.

(d)

The clerk-treasurer shall review the application and, if the application is complete and contains all required information, shall refer it to the village board.

(e)

Upon referral of the application, the village board shall schedule a public hearing thereon as soon as practical and the village board shall notice the hearing as deemed appropriate.

(f)

Following public hearing, necessary study and investigation, and consideration by and recommendation from the plan commission, the village board shall render its decision in writing and a copy made a permanent part of the board's minutes. Such decision shall include an accurate description of the zoning use permitted, of the property on which permitted, and any and all conditions made applicable thereto, or if disapproved, shall indicate the reasons for disapproval. The village board may impose any conditions or exemptions necessary to minimize any burden on any persons affected by granting the special use permit.

(g)

A zoning permit shall be granted or denied in writing by the village board within 30 days or within 60 days of the date when site plan approval or a conditional use permit is required. The permit shall expire within six months unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(h)

When a zoning permit does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the village board following a public hearing thereon.

(i)

Subsequent change or addition to the approved plans or use shall first be submitted for approval to the village board and if in the opinion of the village board such change or addition constitutes a substantial alteration, a public hearing before the board shall be required and notice thereof be given.

(Code 1986, § 10-1-12)

(a)

Required. No building or addition constructed or structurally altered shall be used for any purpose, and no addition to a previously existing building shall be occupied, and no land (except land used for garden or public recreation purposes and land without buildings or structures) that is vacant shall be used for any purpose, until a certificate of occupancy has been issued by the office of the village clerk-treasurer. No change in a use shall be made until a certificate of occupancy has been issued by the village clerk-treasurer, upon the authority of the building inspector. Every certificate of occupancy shall state that the use of occupancy complies with all of the provisions of this article.

(b)

Application. Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use or change in use of land or building shall be made directly to the office of the village clerk-treasurer.

(c)

Issuance of certificates. No occupancy certificate for a building or portion thereof constructed or structurally altered shall be issued until construction has been substantially completed and the premises inspected and certified by the office of the village clerk-treasurer to be in conformity with the plans and specifications upon which the zoning certificate was based. The office of the village clerk-treasurer, under such rules and regulations established by such office, may issue a temporary certificate of occupancy for a part of a building.

(Code 1986, § 10-1-13)

(a)

Required. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in the R-l, R-2 and R-3 residential or the agricultural districts, shall require site plan approval by the plan commission in accordance with the requirements of this section.

(b)

Application. An application for any such zoning permit shall be submitted to the clerk-treasurer. The applicant shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the plan commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this article.

(c)

Administration. The building inspector shall make a preliminary review of the application and plans, and refer them, along with a report of his findings, to the plan commission within ten days. The plan commission shall review the application and may refer the application and plans to one or more expert consultants selected by the commission to advise whether the application and plans meet all the requirements applicable thereto in this article. Within 45 days of its receipt of the application, the commission shall authorize the building inspector to issue or refuse a zoning permit. The building inspector shall then act on the permit within five days, in accordance with the recommendation of the commission.

(d)

Requirements. In acting on any site plan, the plan commission shall consider the following:

(1)

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

(2)

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading; and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

(3)

The adequacy of the proposed water supply, drainage facilities, and sanitary and waste disposal.

(4)

The landscaping and appearance of the completed site. The plan commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns, and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.

(e)

Effect on municipal services. Before granting any site approval, the plan commission may, in addition to obtaining advice from consultants, secure such advice as may be deemed necessary from the village engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the plan commission shall forward its recommendations to the village board and shall not issue final approval until the village board has entered into an agreement with the applicant regarding the development of such facilities.

(f)

Fee and costs. A fee as set forth in the village fee/bond schedule will be charged for the filing of an application for site plan approval. The applicant will also be required to pay the cost of any consultant's reports which may be required by the plan commission under subsection (c) of this section.

(Code 1986, § 10-1-14)

(a)

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the village board by reason of flooding, concentrated run-off, 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 plan commission, in applying the provisions of the 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 plan commission may affirm, modify, or withdraw its determination of unsuitability when making its recommendation to the village board.

(b)

Street frontage. All lots shall abut upon a public street, and each lot shall have a minimum street frontage and area as set forth in this Code.

(c)

Dedicated street. 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 thereof from which the required dedication has not been secured.

(d)

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, except for planned area developments in accordance with the provisions of this chapter.

(e)

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands, and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1½ horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the plan commission; or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

(f)

Establishment of grades.

(1)

No person, corporation, or entity shall establish grade for a building erected, structurally altered, or relocated under this article without prior approval of the building inspector. This provision applies to all applications for zoning permits, including one- and two-family residences in the R-1, R-2 and R-3 residential zoning districts.

(2)

Elevations for buildings shall be established as based on an average building-to-street height relationship which shall be a minimum of two feet with a front yard/driveway slope range of between one percent and ten percent. The building inspector shall review information regarding the building-to-street height relationship within information submitted at the time of the zoning permit request. If the building-to-street height relationship is not provided at the time of the permit request or if verification is required, the building inspector may require the permittee to supply necessary elevations on a plan drawing, prepared by a qualified contractor, land surveyor, or engineer prior to permit issuance.

(3)

The building-to-street height relationship shall be referenced from the curb grade as defined in section 58-7, or street centerline grade where no curb is present. For streets of significant slope, the average elevation shall be used and is considered to be the mean of two street elevations taken at the straight projection on the frontage street of the side building lines. Additional information may be required in the cases of non-uniform lot dimensions, non-uniform building lines or reversed corner lots, as determined by the building inspector.

(4)

The building-to-street height relationship may be dictated as based on existing utility services, such as village sanitary sewer service. In the case of a conflict between interests between sanitary sewer and street grades, the most restrictive condition shall apply.

(5)

The building elevation shall be taken on the finished top of concrete foundation wall, or finished garage slab, of the existing or planned building. The building inspector shall determine the building-to-street height relationship based on this information and identify the controlling building level where surface stormwater drainage above that elevation would adversely affect exterior or interior building appurtenances. Buildings with walk-out provisions and partial exposure amenities are deemed special conditions that may require more information for review prior to permit action.

(6)

If the building inspector in this review does not see a potential problem with regard to site grades, the permit shall be issued pursuant to other permit requirements that may be imposed. The zoning permit shall be issued simultaneously with the building permit request.

(7)

If the building inspector, upon the review of this information, determines a potential problem in the site grading or drainage aspect to a neighboring property, the building inspector shall notify the permittee/applicant and the public works director. No building permit shall be issued until zoning permit requirements have been met in plan. The village may require written consent of neighboring properties for the appropriate activity prior to any permit action. In any case the village shall not be responsible for grading or drainage conflicts if a problem has or has not been identified in the permit process.

(8)

For any accessory building, establishment of grade shall be determined per the provisions of this section, or section 58-16, or subsection (e) of this section, or existing or new driveway permit conditions, or applicable deed restrictions on the subject property, or applicable restrictive covenants, or referenced off the existing principal structure, whichever is more restrictive in the intent of the establishment of grade as determined by the building inspector or public works director.

(9)

As determined by the building inspector or the public works director, deviations that are proposed outside the minimum or maximum standard as set forth above, for the cases outlined above, shall be forwarded to the village for review and approval, through the variance procedures as referenced in article XI of this chapter, prior to permit issuance/approval.

(g)

Nonconforming buildings. Buildings that are deemed nonconforming by this provision may also be subject to the specifications of article VII of this chapter.

(h)

Private sewer and water. In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system, designed in accordance with Wis. Admin. Code ch. SPS 383. In any district where a public water service or public sewerage service is not available, the lot width and area shall be determined in accordance with Wis. Admin. Code ch. SPS 383 but for one-family dwellings shall be not less than 100 feet and not less than 20,000 square feet respectively.

(Code 1986, § 10-1-15)

(a)

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

(b)

Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the plan commission pursuant to article III of this chapter.

(c)

Unclassified or unspecified uses. Unclassified uses may be permitted by the plan commission after the commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

(d)

Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the zoning inspector.

(e)

Performance standards. Performance standards listed in article VIII of this chapter shall be complied with by all uses in all districts.

(f)

Mobile homes. No mobile home shall be used for the purpose of habitation except within an approved mobile home park.

(g)

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.

(Code 1986, § 10-1-16)

(a)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(b)

Percentage of required rear yard occupied. No detached accessory building shall occupy more than 30 percent of the area of the required rear yard. Any accessory building in a residential district which exceeds four automobile stalls or 1,200 square feet of floor area shall first obtain a variance.

(c)

Height of accessory buildings in required rear yards. No detached accessory building located in a required rear yard shall exceed 20 feet in height. Building height shall be the vertical distance measured from the finished lot grade along the street yard face of the structure to the highest point of the roof.

(d)

Location in residential districts.

(1)

No accessory building in a residential district shall be erected in any yard except a rear yard. Accessory buildings shall be located to comply with setback requirements in sections 58-69 through 58-72.

(2)

When an accessory building is a part of the main building, or is substantially attached thereto or lies within ten feet of an exterior wall of the main building, the side yard and rear yard requirements for the main building shall be applied to the accessory buildings.

(e)

Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided as follows:

(1)

That such private garage shall be located not less than five feet from the front lot line;

(2)

That the floor level of such private garage shall be not more than one foot above the curb level; and

(3)

That at least one-half the height of such private garage shall be below the mean grade of the front yard.

(f)

In commercial and manufacturing districts. All accessory buildings shall be located no less than ten feet from the rear lot line.

(g)

Storage buildings/sheds. A storage building or shed shall be defined as any building 150 square feet or less. A site plan is required to be submitted before placement of storage building or shed. Any building or combination of buildings over 150 square feet shall be considered an accessory building and shall require a building permit and a site plan to be obtained prior to the buildings being placed on any property in the village.

(Code 1986, § 10-1-17)

(a)

No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days, from the date of its delivery.

(b)

Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. The term "fence," as used in this section, shall not include hedges and other vegetation.

(c)

All brush, debris, and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises.

(d)

Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of sections 22-1 through 22-5.

(e)

Not more than 15 percent of the side or rear yard may be used for storage of firewood at any one time.

(Code 1986, § 10-1-18)