Pleasant Prairie City Zoning Code
ARTICLE XVII
Exceptions and Accommodations
§ 420-139 Modifications and exceptions.
[Amended 2-18-2008 by Ord. No. 08-10; 12-20-2010 by Ord. No. 10-67; 4-7-2014 by Ord. No. 14-06; 11-17-2014 by Ord. No. 14-33; 7-17-2017 by Ord. No. 17-32; 7-17-2017 by Ord. No. 17-31; 7-20-2020 by Ord. No. 20-26; 7-20-2020 by Ord. No. 20-16; 2-28-2022 by Ord. No. 22-04; 8-11-2025 by Ord. No. 25-33]
A.
Height exceptions. The following structures or parts thereof are allowed to exceed the height limitations set forth in the several districts of this chapter as set forth in this section, unless restrictions are provided pursuant to the issuance of a conditional use permit under Article XVIII of this chapter.
(1)
Architectural projections. Spires, belfries, steeples, cupolas, domes, parapet walls, chimneys and flues shall not exceed the height required by the district by more than the distance from the nearest lot line, provided that such projection is firmly anchored or affixed to the structure and provided that all required yards are increased by at least one foot for each foot the structure exceeds the district's maximum height requirements, as measured from the outermost edge of said architectural projection.
(2)
Essential services. Utility poles, standpipes, and electric power and communication transmission lines, excluding commercial communication structures, residential communication structures and utility substations, are exempt from the height limitations of this chapter.
(3)
Special structures. Elevator penthouses, gas tanks, grain elevators, observation towers, scenery lofts, manufacturing equipment and necessary mechanical appurtenances, power and heating generating plants and necessary appurtenances, cooling towers, fire towers, substations, water towers and emission stacks may be exempted from the height limitations of this chapter, provided that all required yards are increased by at least one foot for each foot the structure exceeds the district's maximum height requirements, as measured from the outermost edge of said special structure.
(4)
All structures. Any structure located within an area surrounding the Kenosha Regional Airport and which is subject to additional height regulations shall not exceed the heights therein established.
(5)
If any single-family dwelling is proposed to be higher than 35 feet, then the following shall be required:
(a)
The maximum height shall not exceed 40 feet;
(b)
The lot shall have a minimum area of 20,000 square feet;
(c)
The dwelling shall have a minimum first floor living area of 2,000 square feet and a minimum total living area of 3,500 square feet ("living area" excludes unfinished basements, garages, decks, porches and patios);
(d)
The required minimum side setbacks in the underlying zoning district shall be increased by five feet; and
(e)
The required minimum rear setback in the underlying zoning district shall be increased by 10 feet.
B.
Yards.
(1)
The following structures or parts thereof shall be allowed to project into or to be constructed in a required yard, unless restrictions are provided pursuant to the issuance of a conditional use permit under Article XVIII of this chapter.
(a)
Awnings and canopies shall not encroach more than three feet into any yard.
(b)
Balconies shall not encroach more than six feet into any yard and not closer than three feet to any lot line.
(c)
Bay windows shall not encroach more than four feet into any yard; however, in no case shall the bay window be less than six feet from a side property line.
(d)
One boathouse accessory to permitted uses, used strictly for the storage of boats and water-related recreational accessories to be used by the owner or occupant of any given parcel, may be located within a shore yard but shall not be closer than the ordinary high-water mark of any lake, stream or pond and shall not exceed the height of 12 feet above the existing shoreline grade, except that when bluff and/or steep slope conditions exist, then a davit or davits shall be constructed on the property. The boathouse shall not exceed 576 square feet in horizontal area covered and shall not be closer than five feet to any side lot line, and the boathouse should be constructed in such manner as to orient the main opening of the boathouse toward the lake. A boathouse is allowed only after the principal use is constructed on said property.
(e)
(Reserved)
(f)
Chimneys or flues shall not encroach more than two feet into any yard.
(g)
Clothesline posts shall be allowed in the rear or side yard only.
(h)
Davits, accessory to permitted uses, used strictly for the removal of boats or other watercraft to be used by the owner or occupant of any given parcel, may be located within a shore yard but shall not be closer than the ordinary high-water mark of any lake, stream or pond, shall not exceed 12 feet in height and shall not be closer than five feet to any side lot line. Said davits shall not be used to permanently store a boat or other water-related recreational vehicles.
(i)
Eaves, overhanging roofs, gutters, cornices, or other architectural features, including the cantilever of a building, shall not encroach more than three feet into any yard.
(j)
Essential services shall be exempt from the yard requirements of this chapter.
(k)
Fire escapes shall not project more than six feet into the required rear or side yard; however, fire escapes shall not be closer than three feet to any lot line.
(l)
Garbage containers, recycling containers and nonpermanent rubbish containers shall be permitted to be stored inconspicuously in the side or rear yard only in any Agricultural District, Single-Family District, Two-Family Residential District or Conservancy District. Stand-alone or temporary garbage/recycling enclosures shall not be constructed or located in any street yard. All other districts shall comply with requirements specified in each specific zoning district, including specific requirements set forth in Chapter 420, Article XI, entitled "Fences," Chapter 420, Article IX, entitled "Site and Operational Plan Review," and Chapter 420, Article IXA, entitled "Residential Development Plan Review."
(m)
(Reserved)
(n)
Handicapped access structures may encroach into any yard, provided that said structure is a minimum of two feet from any property line.
(o)
Landscape features, such as sundials, terraces, ornamental lights, birdbaths, trellis not used for privacy or security, etc., shall be allowed in any yard, provided that said structure is not located within the vision triangle and shall be set back a minimum of five feet from any property line.
(p)
Mailboxes may be located in the road right-of-way.
(q)
Planting boxes shall be allowed in any yard.
(r)
Recreational playground equipment shall be allowed in any single family or two family residential or agricultural district; provided the equipment is located in the side or rear yard or may be located within a side street yard or rear street yard provided that it is setback a minimum of 15 feet from said side street or rear street property line. In addition, said equipment is only allowed after the permitted principal use of a single family dwelling in any single family residential or agricultural district or a two family structure in any two family residential district is constructed on said property. Recreational playground equipment may be allowed in a multi-family residential district pursuant to the approval of the Zoning Administrator.
(s)
Sidewalks or patios are allowed in any yard, provided that they are three feet from any property line and 10 feet from any wetland and may be located within any shore yard, provided that it is not located on the water side of the ordinary high-water mark of said navigable waterway and further provided that said structure does not block, redirect or impede the flow of water or drainage within the area.
(u)
Yard and service lighting fixtures and poles are allowed in any yard, provided that such lights are directed downward and shielded so as not to shine or cause a glare onto adjacent properties and/or roadways.
(v)
In cases where right-of-way was obtained by the Wisconsin Department of Transportation (WI DOT) for the purposes of widening or improving the abutting state highway, existing detached accessory buildings less than 1,000 square feet within any single-family residential zoning district and located within a street yard or side street yard may be relocated or reconstructed within the street yard of the state trunk highway (STH) or side street yard of the STH only if the building and zoning permit applications to relocate or reconstruct said buildings are submitted to the Village within two years from the date that the additional right-of-way was obtained by the WI DOT. The relocated or reconstructed detached accessory buildings shall meet all requirements specified in § 420-86 of this chapter, except that the detached accessory buildings may be relocated or reconstructed within the street yard or side street yard of said STH, provided that said buildings are located a minimum of 30 feet from the street lot line or side street lot line.
(2)
Street setbacks exceptions. The following street setback distances may be modified as specified below unless restrictions are provided pursuant to the issuance of a conditional use permit under Article XVIII of this chapter or unless the property abuts a more restrictive district as set forth under § 420-35 of this chapter.
(a)
The required street setback distance of principal structures located within a single-family residential district may be decreased to the average of the existing street setback distance of the abutting principal structures on each side, but in no case shall the setback distances be reduced to less than 15 feet from a Village right-of-way or private roadway or less than 50 feet from a federal, state or county trunk highway right-of-way. If one of the abutting lots to be used in averaging the setback is vacant, then to calculate the average street setback, the street setback on the vacant lot shall be the minimum setback as required in the underlying zoning district. Furthermore, the required street setback distance may be reduced to 25 feet for principal structures in any subdivision platted prior to April 5, 1989 (Village incorporation date), wherein said plat had a previously recorded deed restriction indicating a twenty-five-foot street setback; then said principal structure or addition thereto may be set back a minimum of 25 feet from the property line adjacent to the street.
(b)
The required street setback distance of principal structures for all manufactured/mobile homes located within a licensed park as of January 1, 1998, may be decreased to 15 feet or the average of the existing street setback distance of the abutting structures on each side, but in no case shall the setback distances be reduced to less than 10 feet from a Village right-of-way or to less than five feet from a private roadway (as measured from the back of curb or edge of road pavement). The required street setback distance for the deck or a porch (including steps or stairs) used for the minimum required ingress or egress into any manufactured/mobile home located within a licensed park may encroach up to four feet into the required street setback but in no case shall the setback distance be reduced to less than 10 feet from a Village right-of-way or less than five feet from a private roadway (as measured from the back of curb or edge of road pavement).
(c)
The required street setback distance of fences may be decreased to the average of the existing street setback distance of the abutting fences on each side, but in no case shall the setback distance be reduced to less than two feet from a street right-of-way. This provision would not apply where the fence setback distance reduction would involve vision triangles.
(d)
(Reserved)
(e)
The required rear street yard setback distance of a principal structure located in a single-family residential district and located on a double or triple frontage lot which abuts a federal, state or county trunk highway may be decreased to 50 feet where there is no direct access permitted to a federal, state or county trunk highway.
(f)
(Reserved)
(3)
Noise. Sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this chapter.
(4)
Corner lots (double frontage lots). All double frontage corner lots shall have two street yards, one side yard, and one rear yard.
(5)
Corner lots (triple frontage lots). All triple frontage corner lots shall have three street yards and one side yard.
(6)
Setback distances restrictions. Permitted principal structure setback distances appropriate to the location and type of development contemplated which are more restrictive than the regulations of the applicable zoning district may be required by the Village. Examples of this may include, but are not limited to, the following:
(a)
Greater street setback distances may be required on cul-de-sac lots to achieve the necessary lot width at the building setback line.
(b)
Minimum or maximum street setback distances may be required for new principal structures to provide aesthetically consistent building site lines and conformance with existing adjacent development.
(c)
Special setback distances may be required to protect natural resource elements such as trees.
(7)
Manufactured home/mobile home park (R-12 District) side setbacks. The required side setback distance of principal structures for manufactured/mobile homes located in manufactured/mobile home parks (R-12 District) created prior to January 1, 1999, may be decreased to a zero lot line setback, provided that in no instance shall adjacent manufactured/mobile home principal structures and accessory structures be closer than 10 feet apart as measured from side to side or side to end. However, in no case shall the side setback distance be reduced if the side yard abuts the exterior property line of said manufactured/mobile home park.
(8)
Single-family dwellings not constructed in accordance with the valid zoning permit. Any principal single-family structure and its accessory garage located within an R-1, R-2, R-3, R-4, R-5, R-6, A-2, A-3, AGO or C-2 District containing a legally conforming use and constructed with a valid zoning permit issued by Kenosha County prior to April 1, 1983, but which was not constructed in accordance with the zoning permit as it pertains to street, side and rear setbacks for said principal structure or accessory garage shall be considered a legal nonconforming structure and shall be subject to § 420-140 of this chapter insofar as the placement of the structure, as determined by the Village, does not present a threat to the public's health, safety or welfare.
C.
Zero side setback. In any B-1, B-2, B-3, B-4, B-5, M-1 or M-2 District, for an existing building or a building to be constructed on a lot which, as a result of a subdivision of such lot into two contiguous lots, will share a common division or fire wall and parking areas and will be developed under an approved common development plan, the required side setback and related parking lot setback shall not apply to such common division or fire wall created thereby on the subdivided lot.
D.
Accommodations and exceptions for tax increment districts.
(1)
For any land division effective after January 1, 2000, that is located between or adjacent to any tax increment district (TID) within the Village that cannot be combined, according to the Wisconsin Department of Revenue, into one tax parcel number because the parcels are located within different tax increment districts, or because one of the parcels is located within a TID and the other parcel is not located within a TID, the parcels may be developed as one single development. However, if one parcel does not meet the basic underlying zoning district lot area and/or lot frontage requirements, then the lots shall be developed as a single development and at the time the parcel is created or modified shall be exempt from meeting the lot area and lot frontage requirements until the termination of the TID as stated in Subsection D(2)(b) below.
(2)
If the parcels cannot be combined for reasons described above and the parcels are developed as a single development, then the following shall be required:
(a)
At the time an application is filed with the Village for a site and operational plan or residential development plan approval and/or a conditional use permit, the owner(s) shall indicate on the application that the parcels are to be developed as one single development.
(b)
The parcels shall remain under the same ownership, and upon the termination of the tax increment district for all affected units of government, the owner(s), at the owner's expense, shall combine the parcels into one tax parcel number.
(c)
The inner property boundaries shall only exist for tax distribution purposes, and for zoning purposes the parcels shall be considered as one property defined by its outer property boundaries as it relates to zoning regulations, such as but not limited to the number of principal structures and/or accessory structures allowed, setbacks, signs, and traffic and parking requirements for the basic underlying zoning district. (See Illustration 7).[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
§ 420-140 Nonconforming lots, structures and uses.
A.
Intent. Within the districts established by this chapter, or amendment thereof, there may exist lots, structures and uses of land and structures which were lawful before this chapter was enacted or amended but which would be prohibited in the future under the terms of this chapter or amendment.
(1)
It is the intent of the Village Board to permit these nonconforming lots, structures and uses existing as of the effective date of this chapter or amendment thereof to remain and continue in accordance with the provisions hereinafter set forth until they are removed by economic forces or otherwise. It is not the intent of this section to encourage the survival of nonconformities, since it has been determined that they are incompatible with the character of the districts involved, or to permit nonconformities to be enlarged upon, expanded, or extended except as provided for herein. Existing nonconformities shall not be used to justify adding structures or uses prohibited elsewhere in the same district.
(2)
It is the further intention of the Village Board that the guidelines be set for the purpose of determining:
(a)
That the nonconforming lot, structure or use existed prior to the effective date of this chapter or amendment thereto;
(b)
The ways in which the right of the nonconforming lot or structure to remain can be served and the ways in which the right to continue nonconforming uses can be lost;
(c)
The extent of permissible variation in the nonconforming lot, structure and use; and
(d)
The devices available for eliminating such nonconforming lots, structures and uses.
B. ASSESSED VALUE LEGALLY EXISTING NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE
Definitions. As used in this section, the following terms shall have the meaning indicated:
The full market value placed upon the structure or lot by the Village Director of Assessment Services as of the date that the nonconformity came into being, that is, the effective date of this chapter or amendment thereto. Such valuation by the Village Director of Assessment Services shall be prima facie evidence of the assessed value of the structure or lot.
A lot, structure or use existing on the effective date of this chapter or amendment thereto which was created, built or established in accordance with zoning and land use regulations in effect in the Village immediately prior to the effective date of this chapter or amendment thereto, or a lot, structure or use for which a zoning permit was issued prior to the effective date of this chapter or amendment thereto in accordance with the provision of § 420-6 of this chapter.
A parcel of land legally created prior to the effective date of this chapter or subsequent amendments thereto having frontage on a public street, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, and having insufficient size to meet the lot width, lot area, setback, off-street parking area, or other open space provisions of this chapter.
One which was legally constructed prior to the effective date of this chapter or subsequent amendment thereto but which would not be permitted as a new structure under the terms of this chapter or amendment thereto because the structure is not in conformance with the setback, height, coverage, or floor area ratio requirements of the district in which it is located. A structure located on a nonconforming lot shall not be classified as a nonconforming structure solely because of insufficient lot area or width.
An activity utilizing land or structures, or both, legally established prior to the effective date of this chapter or subsequent amendment thereto which would not be permitted as a new use in the district in which it is located under the terms of this chapter.
C.
Burden of proof. Any property owner asserting as a defense to a charge of violating this chapter that his property was a valid nonconforming use has the burden of demonstrating to a reasonable certainty by the greater weight of credible evidence that:
(1)
The nonconforming use was legally in existence at the time this chapter was passed or amended.
(2)
The use of the property prior to this chapter was so active and actual that it can be said the property owner acquired a vested interest in its continuance. For purposes of this chapter, a property owner shall be deemed to have a vested right in the use of his property where that use at the time of the effective date of this chapter or amendment thereto is both active and actual (not contemplated) and a substantial degree of activity or expense had been undertaken prior to the effective date of this chapter or amendment thereto. Permits issued prior to the existence of this chapter shall be deemed to have created a vested right in the property owner to the extent provided in § 420-6 of this chapter.
(3)
The use is substantially the same use that existed prior to the enactment of this chapter or amendment thereto.
D.
Existing vacant nonconforming (substandard) lots. In any single-family residential, upland conservancy or agricultural district, a single-family detached dwelling and its accessory structures may be constructed on any vacant legal lot or parcel as recorded at the County Register of Deeds office, provided that all setbacks in the underlying zoning district are satisfied; however, for lots 60 feet wide or less, the side setback may be reduced to a minimum of eight feet and further provided that all requirements of the County Sanitary Ordinance are met. In any two-family or multifamily residential district a permitted use and its accessory structures may be constructed on any vacant legal lot or parcel as recorded at the County Register of Deeds Office, provided that all setbacks in the underlying zoning district are satisfied and further provided that all requirements of the County Sanitary Ordinance are met.
[Amended 7-20-2020 by Ord. No. 20-26]
E.
Use of existing nonconforming lots in the business districts.
[Amended 12-3-2007 by Ord. No. 07-51]
(1)
In any B-1, B-2, B-3, B-4 or B-5 Business District, any nonconforming lot having no principal structure located on it (or on which the sole principal structure will be removed before or in conjunction with the proposed development and use of the lot) may be developed and used for an allowed use subject to compliance with all applicable requirements of this chapter (other than the minimum lot size or minimum public street frontage requirements that cause the lot to be nonconforming) and of all other Village ordinances and codes; provided, however, that in the event applicable requirements of this chapter cannot be complied with as a result of the lot's failure to satisfy the minimum lot size and/or minimum public street frontage requirements, certain other specified requirements of this chapter shall be modified in accordance with this subsection to allow productive development and use of the nonconforming lot if certain specified conditions are met. The following items shall be evaluated sequentially and cumulatively to determine the minimum amount of such modification necessary to allow productive development and use of the nonconforming lot, as well as the maximum amount of such modification permitted by this section, and the extent and priority of such modifications shall be as provided below:
(a)
First, any existing or proposed accessory structure on the lot shall be reduced in size or eliminated, as necessary to achieve compliance.
(b)
If any necessary reduction or elimination of any accessory structure does not allow the lot to be developed in compliance with the remaining applicable requirements, the proposed principal building size shall be reduced, as necessary to achieve compliance, to an absolute minimum of 1,500 square feet of gross floor area in the B-1 District or to an absolute minimum of 2,000 square feet of gross floor area in the B-2, B-3, B-4 or B-5 District.
(c)
If any necessary reduction of the principal building size does not allow the lot to be developed in compliance with the remaining applicable requirements, the required landscape islands within the parking lot shall be reduced in size or number or eliminated, as necessary to achieve compliance.
(d)
If any necessary reduction or elimination of the landscape islands does not allow the lot to be developed in compliance with the remaining applicable requirements, the required side setbacks for principal structures shall be reduced, as necessary to achieve compliance, as follows:
(e)
If any necessary reduction of the side setbacks for principal structures does not allow the lot to be developed in compliance with the remaining applicable requirements, the street setback(s) for principal structures shall be reduced, as necessary to achieve compliance, to an absolute minimum of 50 feet from arterial streets or highways and to an absolute minimum of 30 feet from nonarterial streets or private roads.
(f)
If any necessary reduction of the street setback(s) for principal structures does not allow the lot to be developed in compliance with the remaining current requirements, the setback for parking area(s) from the property line(s) of the lot shall be reduced, as necessary to achieve compliance, to an absolute minimum of 10 feet.
(g)
If any necessary reduction of the setback for parking area(s) from the property line(s) does not allow the lot to be developed in compliance with the remaining applicable requirements, the minimum width of internal site circulation ways, access roads and private roads shall be reduced, as necessary to achieve compliance, to an absolute minimum of 24 feet, provided that fire-fighting equipment can be safely maneuvered through the lot.
(h)
If any necessary reduction of the minimum width or internal site circulation ways does not allow the lot to be developed in compliance with the remaining current requirements, the required garbage/recycling enclosure may be detached from the building, provided the required enclosure is located in the side or rear yard and is a minimum of three feet from the side and rear property lines; however, the Village Zoning Administrator may allow for the three-foot setback to be reduced if proper screening is provided to the adjacent property.
(i)
The open space requirements may be reduced to the extent required by the other modifications provided for in this Subsection E(1).
(j)
If the modifications provided for in this Subsection E(1) are not sufficient to allow the lot to be developed and used in compliance with the remaining applicable requirements of this chapter, such lot may only be developed and used for a less intense use (e.g., a use requiring fewer parking spaces) or with a variance.
(2)
In any B-1, B-2, B-3, B-4 or B-5 Business District, any nonconforming lot on which one or more principal structures are located [which will not be removed so as to make applicable Subsection E(1) above] may continue to be used and further developed for an allowed use subject to compliance with all applicable requirements of this chapter (other than the minimum lot size and/or minimum public street frontage requirements that cause the lot to be nonconforming) and of all other Village ordinances and codes; provided, however, that in the event applicable requirements of this chapter cannot be complied with as a result of the lot's failure to satisfy the minimum lot size and/or minimum public street frontage requirements, then certain other specified requirements of this chapter shall be modified in accordance with this subsection to allow continued productive use and/or development of the lot if certain specified conditions are met. The following items shall be evaluated sequentially and cumulatively to determine the minimum degree of such modification necessary to allow productive continued use and/or development of the nonconforming lot, as well as the maximum amount of such modification permitted by this section, and the extent and priority of such required modifications shall be as provided below:
(a)
First, any existing or proposed accessory structure or proposed addition to an accessory structure on the lot shall be reduced in size or eliminated, as necessary to achieve compliance.
(b)
If any necessary reduction or elimination of any proposed accessory structure or any proposed addition to such a structure does not allow compliance with the remaining applicable requirements, any extra principal structure or any proposed addition to any principal structure shall be reduced in size or eliminated, as necessary to achieve compliance.
(c)
If any necessary reduction or elimination of any extra principal structure or of any proposed addition to any principal structure does not allow compliance with the remaining applicable requirements, the required landscape islands within the parking area(s) shall be reduced in size or number or eliminated, as necessary to achieve compliance.
(d)
If any necessary reduction or elimination of the landscape islands in the parking area(s) does not allow compliance with the remaining applicable requirements, the setback for parking area(s) from the property line(s) of the lot shall be reduced, as necessary to achieve compliance, to an absolute minimum of 10 feet.
(e)
If any necessary reduction of the setback for parking areas(s) from the property line(s) of the lot does not allow compliance with the remaining applicable requirements, the minimum width of internal site circulation ways, access roads and private roads shall be reduced, as necessary to achieve compliance, to an absolute minimum of 24 feet, provided that fire-fighting equipment can be safely maneuvered through the lot.
(f)
If any necessary reduction of the minimum width or internal site circulation ways does not allow the lot to be developed in compliance with the remaining current requirements, the required garbage/recycling enclosure may be detached from the building, provided the required enclosure is located in the side or rear yard and is a minimum of three feet from the side and rear property lines; however, the Village Zoning Administrator may allow for the three-foot setback to be reduced if proper screening is provided to the adjacent property.
(g)
The open space requirements may be reduced to the extent required by the other modifications provided for in this Subsection E(2).
(h)
If the modifications provided for in this Subsection E(2) are not sufficient to allow the proposed use and/or development activities on the lot in compliance with the remaining applicable requirements of this chapter, such lot may only continue to be used and/or further developed for a less intense use (e.g., a use requiring fewer parking spaces) or with a variance.
G.
Existing nonconforming structures. The use of a structure existing at the time of the adoption or amendment of this chapter may be continued although the structure's size or location does not conform to the established lot area and width, setback, height, parking, loading, or access provisions of this chapter. A nonconforming structure can be moved, altered or reconstructed as follows:
(1)
A nonconforming structure may be structurally altered within the limits of the existing building envelope.
(2)
An addition to a nonconforming structure is allowed, provided that the addition complies with the current requirements of this chapter.
(3)
A nonconforming structure can be moved, provided that the structure complies with the current requirements of this chapter.
(4)
A deck, porch, steps or stairs used for the required ingress or egress into said building, and further provided that there is no greater degree of encroachment into the setback or a greater degree of enclosure.
[Amended 7-20-2020 by Ord. No. 20-26]
(5)
Certain nonconforming structures may be restored or replaced pursuant to § 62.23(7)(hb) and (hc), Wis. Stats.
[Added 7-20-2020 by Ord. No. 20-26]
H.
Existing nonconforming uses. The lawful use of a building or premises existing at the time of the adoption or amendment of a zoning ordinance may be continued although such use does not conform to the provisions of the ordinance. Such nonconforming use may not be extended. The total structural repairs or alterations in such a nonconforming building shall not during its life exceed 50% of the assessed value of the building unless permanently changed to a conforming use. If such nonconforming use is discontinued for a period of 12 months, any future use of the building and premises shall conform to the ordinance.
I.
Changes and substitutions. Once a nonconforming use or structure has been changed or altered so as to comply with the provisions of this chapter, it shall not revert back to a nonconforming use or structure. Once the Zoning Board of Appeals has permitted the substitution of a more or equally restrictive nonconforming use for an existing nonconforming use pursuant to the provisions of Chapter 18, Article V of the Village Code, the existing use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board.
J.
Floodplain nonconforming uses. Pursuant to Chapter 230.
[Amended 4-11-2024 by Ord. No. 24-05]
L.
Nonconforming performance standards. The use of any lot or parcel failing to comply with the performance standards set forth in this chapter at the time of the adoption of this chapter shall not be expanded unless such expansion conforms to the performance standards set forth in § 420-38 of this chapter.
§ 420-140.1 Temporary uses.
[Added 9-2-2008 by Ord. No. 08-47; amended 11-21-2016 by Ord. No. 16-39; 7-20-2020 by Ord. No. 20-26; 4-11-2024 by Ord. No. 24-05; 8-11-2025 by Ord. No. 25-33]
A.
Purpose and intent. A temporary use is designed to provide the Zoning Administrator with flexibility to allow uses that are short-term in nature. A temporary use shall not be inherently inconsistent with the uses allowed in a particular zoning district. The nature, character or circumstances of temporary uses are unique and dependent upon specific conditions. Therefore, specifying all temporary uses and associated standards, regulations or conditions necessary or appropriate for a temporary use permit to be granted is not practical. Applicants that obtain approval of a temporary use permit pursuant to this section are not required to obtain a business license pursuant to Article VII of this chapter.
B.
The Village Board has authorized the Zoning Administrator, at his/her discretion, the authority to approve, impose reasonable conditions and issue a temporary use permit, provided that such temporary use complies with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
C.
Permits and procedures for the issuance of a temporary use permit shall be pursuant to Article IV of this chapter.
D.
The issuance of a temporary use permit does not waive any other requirements which are imposed by the Village's Zoning or Land Division Ordinances or Building or Municipal Code.
E.
Any violations of the terms and conditions of a temporary use permit is a violation of this chapter and is subject to Article XIX of this chapter.
F.
Specified temporary uses. It is recognized that it is neither possible nor practicable to list all of the temporary uses that are acceptable; however, the following temporary uses are specifically allowed:
(1)
Two principal dwellings on one property. No person shall begin construction on a second principal structure wherein they intend to live in the existing structure while the second structure is being constructed without first obtaining approval of temporary use permit by completing the required application and submitting details including a site plan at a specified location and in compliance with the following requirements:
(a)
A new single-family dwelling is allowed to be constructed on an existing lot, provided that the underlying zoning district allows for a single-family dwelling and further provided that the existing old dwelling is razed upon completion of the new single-family dwelling.
(b)
The occupant(s) of the existing dwelling is allowed to live in the existing dwelling while the new single-family dwelling is being constructed on the property. However, only one dwelling shall be occupied at any given time.
(c)
The new single-family dwelling shall comply with all setback requirements of the underlying district. In addition, the new single-family dwelling shall be located a minimum of 10 feet from the existing dwelling, including decks and porches.
(d)
The new single-family dwelling shall comply with all Village, county and state regulations and ordinances.
(e)
Within 60 days of obtaining a temporary certificate of occupancy for the new single-family dwelling, the following shall be completed, unless a time extension is granted pursuant to § 420-22J(2)(f) of this chapter:
[1]
The property owner shall completely remove the old dwelling. Prior to razing the existing old dwelling, the property owner shall submit an application for and obtain the required razing permits from the Village.
[2]
The property owner shall completely remove or relocate any other accessory structures on the property that are or would be classified as nonconforming structures after the old dwelling is removed. Prior to razing or relocating any existing accessory structure, the property owner shall submit an application for and obtain the required permits from the Village.
[3]
The property owner is responsible to remove all debris, restore and stabilize the area occupied by the old dwelling and comply with any other requirements or conditions of the razing or relocation permits.
(f)
In no case shall any structures located on the property be classified as a nonconforming structure once the new single-family dwelling is constructed.
(g)
The temporary use permit does not waive any other requirements which are imposed by the Village's Zoning or Land Division Ordinances or Building or Municipal Code.
(h)
A certificate of occupancy shall not be issued by the Village until all the conditions of the temporary use permit, the new single-family dwelling permit, the razing permit and any other permits associated with the application are satisfied.
(i)
Additional conditions may be imposed to ensure compliance with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
(2)
Temporary residential model home/unit or temporary sales/marketing office for a residential development. No person shall use a temporary residential model home/unit or a sales/marking office without first obtaining approval of temporary use permit by completing the required application and submitting details including a site plan at a specified location and in compliance with the following requirements. A temporary use permit is not required for a permanent model unit or sales/marketing office within a multi-family development.
(a)
Said model/office shall be located in the development that is being marketed for a period not to exceed two years from the date of Village issuing a temporary certificate of occupancy for said temporary use.
(b)
The hours open to the public shall not exceed 7:00 a.m. to 9:00 p.m. Monday through Saturday or 9:00 a.m. to 5:00 p.m. on Sundays, unless otherwise approved by the Zoning Administrator.
(c)
Said model/office shall be handicapped accessible and meet all ADA requirements.
(d)
Adequate parking shall be provided as approved by the Zoning Administrator. A temporary off-street parking area may be allowed by the Zoning Administrator.
(e)
The permanent driveway and/or parking lot within the development associated with the model/office, as applicable, shall be completed prior to the issuance of a temporary occupancy permit for said temporary use.
(f)
The residential lot or development area associated with the model/office, as applicable, shall be stabilized and landscaped prior to the issuance of a temporary occupancy permit for the temporary use.
(g)
A temporary occupancy shall not be issued by the Village until all the conditions of the temporary use permit or any other permits associated with the construction of the model/office are satisfied.
(h)
Proper maintenance of the property shall be provided, such as but not limited to lawn and yard maintenance and snow removal.
(i)
Upon expiration of said temporary use, the unit or office shall be converted back to a residential living unit after obtaining the proper Village permits and shall not be occupied as a living unit until the Village issues a temporary or written certificate of occupancy for the space to be used as a residential unit.
(j)
The temporary use permit does not waive any other requirements which are imposed by the Village's Zoning or Land Division Ordinances or Building or Municipal Code.
(k)
Additional conditions may be imposed to ensure compliance with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
(3)
On-site residential construction trailer. No person shall place an on-site construction trailer on a property to be used during the construction of one single-family or one two-family house without first obtaining approval of a temporary use permit by completing the required application and submitting details, including a site plan at a specified location and in compliance with the following requirements.
(a)
Allowed on any lot zoned A-2, A-3, R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-8, or C-2, District. (Note: A construction trailer on a commercial development site does not require approval of a temporary use.)
(b)
A construction trailer shall be located on the property to which it relates and shall not be used as a temporary dwelling unit.
(c)
The site on which the construction trailer is proposed to be located shall have an active building, zoning or erosion control permit issued by the Village.
(d)
The construction trailer shall meet the following setbacks:
[1]
Street setback: a minimum of 30 feet from arterial streets or highways and a minimum of 15 feet from nonarterial streets or private roads.
[2]
Shore setback: 75 feet minimum.
[3]
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
[4]
Side setback: 15 feet minimum.
[5]
Rear setback: 15 feet minimum.
[6]
Separation between structures: 10 feet minimum.
(e)
The construction trailer shall be located in an area which is accessible for emergency vehicles to the construction trailer and the building under construction.
(f)
The construction trailers shall comply with all OSHA requirements.
(g)
The construction trailer shall be removed from the property prior to issuance of a temporary certificate of occupancy for the house or a maximum of two years from the date the permit was issued for construction of the house, whichever comes first.
(h)
Additional conditions may be imposed to ensure compliance with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
(4)
Truck, trailer or tent product sale (excluding sale of Christmas trees and roadside stands). No person shall conduct a truck, trailer or tent product sale on any property without first obtaining approval of a temporary use permit by completing the required application and submitting details including a site plan at a specified location and in compliance with the following requirements. Note: Roadside stands within agricultural district are allowed pursuant to § 420-88.1 of this chapter.
(a)
Allowed only in a business or manufacturing district and located on the same property associated with existing on-site retail use; unless specifically approved by the Zoning Administrator to be located on other property not associated with the retail use.
(b)
No more than two separate sales are allowed on the property per calendar year, provided that the length of the sale(s), collectively, does not exceed a maximum of six days per calendar year.
(c)
The truck, trailer or tent and associated parking for the product sale shall be located within a paved parking lot, unless otherwise approved by the Zoning Administrator.
(d)
The truck, trailer or tent shall be set back a minimum of 20 feet from all property lines, shall not be located within any designated fire lanes and shall not block or obstruct traffic visibility on any public street.
(e)
The product sale shall be limited to 8:00 a.m. until 8:00 p.m. Monday through Saturday and 8:00 a.m. until 5:00 p.m. on Sunday.
(f)
Adequate on-site parking shall be provided.
(g)
The applicant is responsible for the security of the merchandise during the event and during any overnight hours. The Village is not responsible for security during this same event.
(h)
The truck, trailer or tent, signage and all trash/recycling receptacles shall be removed for the site within 24 hours of completion of the sale.
(i)
The applicant is required to obtain a tent permit from the Village Fire & Rescue Department, and proper Fire & Rescue Department inspections shall be obtained prior to use of the tent by the general public.
(j)
Additional conditions may be imposed to ensure compliance with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
(5)
Christmas tree sales. No person shall open, maintain, operate or conduct any place for the purpose of storing, selling or displaying for sale any Christmas trees without first securing approval of a temporary use permit, by completing the required application and submitting details including a site plan for the specified location and in compliance with the following requirements:
(a) CHRISTMAS TREES PUBLIC STREET
Definitions. For the purpose of this section, words and phrases shall mean as follows:
Real or artificial trees of the varieties and kinds used for decorative purposes and related items, such as wreaths, tree stands, tree bags, etc., for use during the holiday season.
All that property set aside for street purposes or street rights-of-way, including sidewalks, curbs and gutters, shoulders, parking strips and parkways.
(b)
Allowed in any zoning district except within a C-1 Lowland Resource Conservancy District or C-3 Natural and Scientific Resource Conservancy District or an area regulated under the Floodplain Zoning Ordinance in Chapter 430.
(c)
Sales shall not occur before November 15 of any given year, and the temporary use permit shall automatically expire on January 10 following the issuance of the temporary use permit.
(d)
No Christmas trees shall be displayed, stored or sold on any public street or in the vision triangle of two intersecting streets, as defined in this chapter, or within a designated fire lane.
(e)
All sales areas shall be maintained in such manner as to eliminate, insofar as possible, any fire hazard.
(f)
No trees which have become dried out, so as to become a fire hazard, shall be kept on the property.
(g)
At the expiration of the permit or whenever the premises shall cease to be used further for the storage, display or sale of Christmas trees, the applicant shall cause all signage, trimmings, cuttings, trees and debris to be removed from the premises and disposed of in a lawful manner.
(h)
No flashing lights or spotlights are allowed, any outside lights shall not shine or glare onto adjacent properties or onto any public street.
(i)
Signage shall be limited to two on-site signs no larger than nine square feet. All signs shall be placed a minimum of 15 feet from the right-of-way and shall not be placed in the vision triangle, as defined by this chapter.[1] No off-site signs are allowed, and all signs shall be removed no later than the 10th day of January following the issuance of the temporary use permit. No portable flashing signs shall be permitted.
(j)
Order for compliance. If the applicant fails to properly clean the premises or fails to maintain the premises in a manner eliminating any fire hazard as necessary, as determined by the Fire & Rescue Chief, the Fire & Rescue Chief may order the property owner to remove such hazard within 24 hours, or less depending on the hazard created. The Fire & Rescue Department is authorized to enter upon the premises and remove or destroy or cause to be removed or destroyed such Christmas trees or parts thereof, and all costs related to such action may be assessed as a special charge of tax assessment against the real estate.
(k)
Additional conditions may be imposed to ensure compliance with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
(6)
Extended hours. No commercial business may remain open past the specified hours of operation pursuant to the underlying zoning district except as expressly allowed by an approved conditional use permit or planned unit development for the purpose of conducting the commercial business activities. In addition, said business shall first obtain approval of a temporary use permit and enter into a minor written agreement with the Village for the specified location for extended hours and shall comply with the following requirements:
(a)
Allowed in any business, manufacturing, or institutional district with an active and permitted business activity being carried out within a building.
(b)
No more than two separate extended-hour events are allowed on the property per calendar year, provided that the length of the event(s), collectively, does not exceed a maximum 14 days per calendar year.
(c)
Adequate on-site parking shall be provided. The Zoning Administrator may allow off-site parking, provided that the location is acceptable to the Village and proper shuttles or crossing areas are provided.
(d)
The applicant is responsible for site security during the event and during any extended hours. The Village is not responsible for security during this event, unless a separate written agreement is entered into between the parties.
(e)
The applicant is required to obtain a tent permit from the Village Fire & Rescue Department for any tents associated with the extended hours, and Fire & Rescue Department inspections shall be requested and obtained prior to use of the tent by the general public.
(f)
Additional conditions may be imposed to ensure compliance with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
(7)
Special events. No property owner may hold a special event, such as but not limited to a carnival, farmers market, fair, circus or other community-wide event (excluding Village-hosted or -sponsored events, or neighborhood parades, or block parties or religious affiliated gatherings) without first obtaining approval of a temporary use permit by completing the required application and submitting details including a site plan for the specified event and in compliance with the following requirements:
(a)
Requirements.
[1]
The maximum number of people that may attend the special event may be limited by the Village upon review of the application and the site and facilities to be used for the special event.
[2]
A fence shall be installed which completely encloses the proposed location and of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds. The fence shall have at least four gates, at least one at or near four opposite points of the compass.
[3]
Potable water meeting all federal and state requirements for purity and sufficient to provide drinking water for the maximum number of people to be assembled at a rate of at least one gallon per person per day and water for bathing at the rate of at least 10 gallons per person per day.
[4]
Separate, enclosed toilets for males and females meeting all state and local specifications, conveniently located throughout the grounds, and sufficient to provide facilities for the maximum number of people to be assembled at the rate of at least one toilet for every 200 females and at least one toilet for every 300 males, together with an efficient, sanitary means of disposing of waste matter deposited which is in compliance with all state and local laws and regulations. A lavatory with running water under pressure and a continuous supply of soap and paper towels shall be provided with each toilet.
[5]
A sanitary method of disposing of solid waste in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least 2.5 pounds of solid waste per person per day, together with a plan for holding and collecting all such waste at least once each day of the assembly and sufficient trash cans with tight-fitting lids and personnel to perform the task.
[6]
Physicians and nurses licensed to practice in the state sufficient to provide the average medical care enjoyed by state residents for the maximum number of people to be assembled at the rate of at least one physician for every 1,000 people and at least one nurse for every 1,500 people, together with an enclosed, covered structure where treatment may be rendered, containing separately enclosed treatment rooms for each physician, and at least one emergency ambulance available for use at all times.
[7]
If the assembly is to continue during hours of darkness, illumination sufficient to light the entire area of the assembly at the rate of at least five footcandles, but not to shine unreasonably beyond the boundaries of the enclosed location of the assembly.
[8]
A parking area inside the assembly grounds sufficient to provide parking spaces for the maximum number of people to be assembled at the rate of at least one parking space for every four persons.
[9]
Telephones connected to outside lines sufficient to provide service for the maximum number of people to be assembled at the rate of at least one separate line and receiver for each 1,000 persons.
[10]
If the assembly is to continue overnight, camping facilities in compliance with all state and local requirements as prescribed by the Wisconsin Administrative Code and Village ordinances, sufficient to provide camping accommodations for the maximum number of people to be assembled.
[11]
Security guards, either regularly employed, duly sworn, off-duty state peace officers or private guards, licensed in the state, sufficient to provide adequate security for the maximum number of people to be assembled at the rate of at least one security guard for every 750 persons.
[12]
Fire protection, including alarms, extinguishing devices and fire lanes and escapes, sufficient to meet all state and local standards for the location of the assembly as prescribed in the Wisconsin Administrative Code and Village ordinances, and sufficient emergency personnel to efficiently operate the required equipment.
[13]
The Village may impose additional conditions and impose additional fees to ensure that all necessary precautions are taken to ensure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly.
[14]
Additional conditions may be imposed to ensure compliance with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
(b)
An application shall be filed that contains, at a minimum, the following information:
[1]
Explanation of the event.
[2]
Dates and hours of the event.
[3]
Estimate of the number of persons which can reasonably assemble at the location or the maximum number of persons allowed to sleep within the boundaries of the location of the event if the event is to continue overnight.
[4]
Maximum number of tickets to be sold, if any.
[5]
Explanation of how the applicant plans to limit the maximum number of people permitted at the event.
[6]
Explanation of how the applicant will supply potable water, including the source, amount available and location of the outlets.
[7]
Number of toilet and lavatory facilities, including the source, number, location and type and the means of disposing of waste deposited.
[8]
Explanation of how the applicant will be holding, collecting and disposing of solid waste material.
[9]
Explanation of how the applicant will provide medical facilities, including the names, addresses and hours of availability of physicians and nurses and provision for emergency ambulance service.
[10]
Explanation of how the applicant will provide telephone service, including the source, number and location of telephones.
[11]
Explanation if the applicant intends to allow any camping or housing facilities during the event and number of people intending to stay overnight.
[12]
Explanation of how the applicant will provide for security, including the number of guards, their deployment and their names, addresses, credentials and hours of availability.
[13]
Explanation of how the applicant will provide for fire protection, including the number, type and location of all protective devices, including alarms and extinguishers, and the number of emergency fire personnel available to operate any such equipment.
[14]
Explanation of how the applicant will provide for food concessions and concessionaires, who will be allowed to operate on the grounds, including the names and addresses of all concessionaires and their license or permit numbers.
[15]
Additional information which may be required to explain the application.
(c)
A detailed plan, drawn to a recognizable scale, shall be included that shows the following information:
[1]
The area of the event shall be fenced with specified entrance and exit gates.
[2]
Location of event activities within the fenced event activity.
[3]
Location of toilet and handwashing facilities.
[4]
Locations for holding, collecting and disposing of solid waste material.
[5]
Location of on-site medical facilities.
[6]
Location of any proposed on-site lighting, including the source and amount of power and the location of lamps.
[7]
Location of parking for vehicles, including the size and location of lots, the points of road access and the interior routes between road access and parking lots.
[8]
If overnight camping or housing facilities are proposed, show the location.