These regulations are adopted under the authority granted by Wis. Stats. §§ 61.35, 62.23(7), 87.30, and 281.31, as amended.

(Code 1980, § 17.0101)

(a)

The purpose of this chapter is to promote the health, safety, aesthetics, and general welfare in and of the village, and to provide a principal means of implementation of the land use plan for the village.

(b)

The village plan commission and the village board shall prepare a comprehensive land use plan to guide the orderly development of the village including planning policies to guide land use and development decisions. Such land use plan shall be a major element of the master plan. All comprehensive plan elements, in whatever degree of detail they may embody, shall provide the basis for approval of all use and development of land under this chapter ordinance and the related land division ordinance (chapter 58).

(Code 1980, § 17.0103)

(a)

It is the general intent that this chapter be used in the regulation and mapping of zoning district classifications as set forth herein. Such mapping shall reflect the existing, most restrictive, or imminent uses within the mapped area at the time of initial mapping or amendments thereto. Imminent means the actual commencing of physical development of or construction on an individual property within a reasonable construction period (usually 12 to 18 months following rezoning of the property for the proposed new use). It is specifically not the intent that the zoning district maps, which are an integral part of this chapter, substitute in whole or in part for the long-range plans for the village. Such long-range plans are encompassed within the other adopted components of the village comprehensive plan (master plan) which may include neighborhood plans, general land use plans, general and specific utility and transportation plans, park plans, and flood, conservancy, and drainage plans. Further, this chapter and its application should not be a substitute for other village plan implementation and regulatory devices such as detailed development plans, the land division ordinance (chapter 58), building code, sanitary code, housing code, and specific subdivider's agreements.

(b)

More specifically, it is the general intent of this chapter to regulate and restrict the use of all structures, lands, and waters, and to:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Stabilize and protect existing and potential property values;

(6)

Preserve and protect the beauty of the village;

(7)

Control and, where possible, prevent erosion, sedimentation, and other pollution of the surface and subsurface waters;

(8)

Further the maintenance of safe and healthful water conditions;

(9)

Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;

(10)

Provide for the mapping and regulation of a variety of suitable, residential, commercial, industrial and other specific land use sites;

(11)

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

(12)

Prevent the mixing of incompatible uses;

(13)

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

(14)

Provide for the administration and enforcement of this chapter, and provide penalties for the violation thereof.

(Code 1980, § 17.0104)

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 law, however, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 1980, § 17.0105)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other power granted by statute.

(Code 1980, § 17.0106)

The degree of flood protection provided by this chapter is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. On rare occasions, larger floods may occur or the flood height may be increased by manmade or natural causes such as ice jams or bridge openings restricted by debris. Therefore, this chapter does not imply that areas outside of the delineated floodplain or land uses permitted within the floodplain will be totally free from flooding and associated flood damages. Nor shall this chapter create a liability on the part of or a cause of action against the village or any officer or employee thereof for any flood damages that may result from reliance on this chapter.

(Code 1980, § 17.0108)

This chapter repeals all other zoning ordinances. All other ordinances or parts of ordinances of the village inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.

(Code 1980, § 17.0109)

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. For the purpose of this chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning. Words used in the present tense in this chapter include the future. The word "person" includes a firm, association, partnership, trust, company, or corporation as well as an individual. The word "shall" is mandatory, the word "should" is advisory, and the word "may" is permissive. Any words not defined in this section shall be presumed to have their customary dictionary definitions.

A zones means areas of potential flooding shown on the county flood insurance rate map which would be inundated by the regional flood as defined herein. These zones may be numbered as AO, A1 to A99, or be unnumbered A zones. The A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

Above-roof sign means a sign or any part of a sign which is displayed above the roof 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 permitted principal use or the structure in which the principal use is housed.

Advertising street signs means signs which direct attention to a business, commodity, or service, not exclusively related to the premises at which the street sign is located, or to a business, commodity or service which is conducted, sold or offered elsewhere than on the premises at which the street sign is located. Advertising street signs include advertising structures and/or billboards.

Aggrieved person means one whose application for a permit is denied, one whose permit is revoked, and in some instances, taxpayers. An adjacent property owner is not an aggrieved person unless he is suffering some specific ascertainable damages or is specifically injured by the actions of his neighbor.

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

Approved combustible material. An approved combustible material shall include wood or materials not more combustible than wood; and combustible plastics, which, when tested with ASTM standard methods for flammability of plastics over 0.050 inch in thickness, burn no faster than 2.5 inches per minute when the plastic is 0.060 inches in thickness.

Architectural detail means any projection, relief, change of material, window or door opening which was in the original design of the building.

Arterial street means a public street or highway used or intended to be used primarily for fast or heavy through traffic and designated on official maps of the village. Arterial streets and highways shall include freeways and expressways as well as arterial streets, highways, parkways, and any street with more than 80 feet of right-of-way.

Automobile wrecking yard means any premises on which more than one automotive vehicle, not in running or operating condition, and which does not have a current license plate, is stored in the open.

Awning means a movable shelter of canvas placed over a window or door to deflect sun and weather elements and which is retractable. When fully extended an awning may not be less than 7.5 feet above grade directly under the awning nor extend more than 30 inches into a public right-of-way but in all other circumstances may extend an additional six inches for each one foot raised in height abovegrade, to a maximum extension of 48 inches.

Banner or pennant means a suspended sign or graphic made of a flexible material such as canvas, sailcloth, plastic, or waterproof paper that may only be displayed by public service groups delineating a special event.

Basement means that portion of any structure located wholly or partly below the average adjoining lot grade.

Bi-level dwelling means a two-level dwelling with one level completely abovegrade and the lower level half abovegrade and half belowgrade; the lower level may or may not have exterior access.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for five or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.

Buildable area means that area of a lot or parcel not included within required yard areas.

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

Building code means the building code of the village.

Building coverage means area of the gross acreage of a site occupied by buildings.

Building height means the vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of the roof. Where the building is on a lot which slopes from the rear down to the street, the height will be determined at a point equidistant from the back and front wall of the building.

Building space means the designated land area within a condominium project upon which a building must be placed. The building space may not be larger than the buildable area of the smallest standard lot allowed within the zoning district.

Business street graphic means a sign used for identification purposes, which directs attention to a business or profession conducted upon the premises at which the street graphic is located, and which may also refer to goods or services produced, offered for sale or obtained at such premises.

Canopy means a fixed, rigid shelter affixed to the side of, suspended from, or placed adjacent to, a building for the purpose of sheltering from or deflecting sun and weather elements. A canopy may not be placed less than 7.5 feet abovegrade directly under the canopy nor extend within a public right-of-way. In all other circumstances a canopy may be extended as is an awning.

Canopy or marquee sign graphic means a sign which is attached to a permanent canopy or marquee rather than to the building.

Changeable copy means any sign which is characterized by changeable copy letters, or symbols, regardless of the method of attachment.

Channel means a natural or manmade watercourse of perceptible extent, with definite bed and banks to convey and conduct continuously or periodically flowing water. Channel flow is that water which is flowing within the limits of the defined channel.

Community living arrangement means the following facilities licensed or operated or permitted under the authority of Wis. Stats.: child welfare agencies under Wis. Stats. § 48.60, group foster homes for children under Wis. Stats. § 48.02(7) and community based residential facilities under Wis. Stats. § 50.01; but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons, and jails.

Conditional uses means uses of a special or complex nature that make impractical their predetermination as a principal use in a specific district.

Density, gross residential. Density is the area required for a residence divided into an acre (43,560 square feet). The result is expressed as "dwelling units per acre." Gross area, used in computing "gross density," is the net area devoted to the residential use plus the proportionate area devoted to all supporting land uses, including street, public lands or unusable lands, school sites, and commercial sites in a given neighborhood, section, quarter-section, or other area delineation.

Density, net residential. Density is the area required for a residence divided into an acre (43,560 square feet). The result is expressed as "dwelling units per acre." Net areas used in computing "net density" are the actual sites devoted to the residential use and consists of the ground floor area of the building plans, the required yards, and open space.

Development means any manmade change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials.

Directional street sign means an on-premises sign designed to guide or direct pedestrian or vehicular traffic, including parking lot directional graphics.

Directional street sign, off-premises, means an off-premises directional street sign which indicates traffic movement, the route and distance to a point of scenic, historic, cultural or religious interest, or to a public building, at a specified location.

District, basic, means a part or parts of the village for which the regulations of this chapter governing the use and location of land and buildings are uniform (such as the residential, commercial, and industrial district classifications).

District, overlay. Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic zoning district without abrogating the requirements of the basic district. In the instance of conflicting requirements, the most restrictive requirements shall apply.

Driveway, residential, means that portion of a parcel or property intended to be used for a delineated access, paved or unpaved, from the abutting access street to a garage or carport.

Dwelling, multiple-family, means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

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

Dwelling, two-family, means a detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.

Dwelling unit means an individual building or section of a building or other residential structure devoted to the shelter of one family.

Efficiency apartment means a dwelling unit having no specific bedroom but providing for a kitchen area, a dining area, a sleeping area, and a bathroom.

Electric street sign means any street signs containing electrical wiring, material, or devices.

Equal degree of encroachment. The effect of any encroachment into a floodway must be computed by assuming an equal degree of hydraulic encroachment on the other side of the river or stream for a significant hydraulic reach. This computation assures that property owners up, down or across the river or stream will have the same rights of hydraulic encroachment. Encroachments are analyzed on the basis of the effect upon hydraulic conveyance, not upon the distance the encroachment extends into the floodway.

Essential services means services provided by public and private utilities, necessary or required for the exercise of the principal use or service of the principal structures. 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, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.

Family means one or more persons related by blood or marriage occupying the premises and living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse, club, fraternity or hotel.

Fence, common, means any wooden, masonry, concrete, or plastic fence or structure or a densely planted hedge or other living plant material intended to enclose an open space, intended as a visual or audible screen device, or intended for aesthetic ornamentation, which is at least six feet in length, more than two feet in height measured at the nearest street curb, and no more than six feet in height in residential and agricultural districts, nor more than eight feet in height in other districts.

Fence, ornamental, means a fence structure, not a common or privacy fence, constructed and placed so as not to obstruct vision and intended for aesthetic purposes only. Ornamental fences may not be more than five feet in height and not be placed within a vision clearance triangle or within five feet from a street property line.

Fence, privacy, means a fence structure or planting, not a common or ornamental fence, constructed or placed so as to provide a visual, audible or access screen around or adjacent to a patio or other rear yard intensive private use area. Privacy fences may not exceed seven feet in height and may not be extended within required side or rear yard areas nor may such fence be constructed on the street side of a residence or building.

Fence, seasonal, means any fence placed during a "season" or less than year-long time period such as snow fence, deer fence or garden fence. Such fences may not be placed to obstruct traffic vision but do not require a permit unless a formal complaint is lodged with the village.

Fence, security, means any fence or structure intended to enclose an open space for purposes of safety, security, or confinement, which is at least six feet in length and meets the requirements specified in section 70-42 of this Code.

Flashing street sign means a street sign, any part of which varies with time in brightness or color. Any graphic possessing visible moving parts shall be considered a flashing street sign.

Flood means a temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel. It should be noted that flooding can occur in areas not adjacent to streams or lakes due to the overland movement of large quantities of stormwater at the time of heavy or intense rainfall in a short period of time.

Flood insurance study means an examination, evaluation, and determination of flood hazards, and if appropriate, corresponding water surface elevations; or an examination, evaluation, and determination of mudslide or mud flow, and/or flood-related erosion hazards. Such studies shall result in the publication of a flood insurance rate map showing the intensity of flood hazards in either numbered or unnumbered A zones.

Flood profile means a graph showing the relationship of the floodwater surface elevation of a flood event of a specified recurrence interval to the streambed and other significant natural and manmade features along a stream.

Flood protection elevation means a point two feet above the water surface elevation of a 100-year recurrence interval flood. This safety factor, also called "freeboard," is intended to compensate for the many unknown factors that contribute to flood heights greater than those computed. Such unknown factors may include ice jams, debris accumulation, wave action, and obstruction of bridge openings.

Flood stage means the elevation of the floodwater surface above an officially established datum lane, which is mean sea level, 1929 adjustment, on the supplementary floodland zoning map.

Floodlands. For the purpose of this chapter, the floodlands are all lands contained in the "regional flood" or 100-year recurrence interval flood or as otherwise defined by the county park and planning commission.

Floodplain fringe means those floodlands, excepting the floodway, subject to inundation by the 100-year recurrence interval flood.

Floodproofing means measures designed to prevent and reduce flood damage for those uses which cannot be removed from or which, of necessity, must be erected in the floodplain, ranging from structural modifications through installation of special equipment or materials to operation and management safeguards, such as the following: reinforcing of basement walls; underpinning of floors; permanent sealing of all exterior opening; use of masonry construction; erection of permanent watertight bulkheads, shutters, and doors; treatment of exposed timbers; elevation of flood vulnerable utilities; use of waterproof cement; adequate fuse protection; anchoring of buoyant tanks; sealing of basement walls; installation of sump pumps; placement of automatic swing check valves; installation of sealtight windows and doors; installation of wire reinforced glass; location and elevation of valuable items; waterproofing, disconnecting, elevation, or removal of all electric equipment; avoidance of the use of flood vulnerable areas; temporary removal or waterproofing of merchandise; postponement of orders or rescheduling of freight shipments; operation of emergency pump equipment; closing of backwater sewer valve; placement of plugs and flood drain pipes; placement of movable watertight bulkheads; and the shoring of weak walls or structures. Floodproofing of structures shall be extended at least to a point two feet above the elevation of the 100-year recurrence interval flood. Any structure that is located entirely or partially below the flood protection elevation shall be anchored to protect it from larger floods.

Floodway means a designated portion of the 100-year flood that will safely convey the regulatory flood discharge with small, acceptable upstream and downstream stage increases, limited in Wisconsin to 0.1 foot unless special legal measures are provided. The floodway, which includes the channel, is that portion of the floodplain not suited for human habitation. All fill, structures and other development that would impair floodwater conveyance by adversely increasing flood stages or velocities or would itself be subject to flood damage should be prohibited in the floodway.

Frontage means the smallest dimension of a lot abutting a public street measured along the street right-of-way line. For lots abutting a lake or stream, the smallest dimension measured along the shoreline.

Garage, private residential, means a building intended for automobile storage purposes and having a capacity of not more than four automobiles and which shall not exceed 960 square feet in area.

Garage, public or commercial, means any garage other than a private residential garage.

Ground street sign means a sign attached to the ground independent of any buildings.

Group foster home means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.

Identification street sign means a sign which contains no advertising but is limited to the name, address, and number of a building, institution, or person and to the activity in the building or institution or the occupation of the person.

Illuminated street sign means a sign illuminated internally or externally and so shielded that no direct illumination from it is visible except upon the graphic.

Incompatible material means any material which will not ignite at, or below, a temperature of 1,200 degrees Fahrenheit during an exposure of five minutes, and which will not continue to glow at such temperature.

Item of information. An "item of information" pertaining to street signs means any of the following: a word, abbreviation, number, symbol, or geometric shape. In addition, combinations of several different geometric shapes are to be assessed one additional item for each noncontinuous plane.

Junk or salvage yard means an area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, shredded, pulverized, 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.

Lot means a parcel of land on which a principal building and its accessory building are placed, together with the required open spaces; provided that no such parcel be bisected by a public street or other public or private right-of-way and shall not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes shall be included in the computation of lot size for the purposes of this chapter.

Lot, corner, 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.

Lot, double frontage, means a parcel of land, other than a corner lot, with frontage on more than one street or with frontage on a street and a navigable body of water. Double frontage lots, for the purpose of this chapter, shall be deemed to have two front yards and no rear yard.

Lot of record means a platted lot in a recorded subdivision or a parcel of land for which the deed, prior to the adoption of the ordinance from which this chapter is derived, is on record with the county register of deeds and which exists as described therein.

Lot width means the width of a parcel of land measured at the setback line.

Marquee means a permanent roof-like rigid structure extending over a door or entrance to a building to shelter the entryway from sun and weather elements. A marquee may not be constructed over or within public right-of-ways or be less than ten feet above the grade directly under the marquee.

Mobile/manufactured home means a transportable structure, being eight feet or more in width (not including the overhang of the roof) or 32 feet or more in length (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.

Mobile/manufactured home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.

Mobile/manufactured home park means a parcel of land which has been developed pursuant to this chapter and other codes and ordinances of the village for placement of a mobile home and owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park may be rented or sold to individual mobile home owners.

Modular unit means a factory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into modular structures to be used for residential, commercial, institutional, or industrial purposes.

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

Net acre means a parcel of land one acre in size and including no lands devoted to access to the parcel or devoted to uses attendant to or provided for service to the parcels or residents thereof.

Nonconforming uses, structures or yards means any structure, land, or water lawfully used, occupied, or erected at the time of the effective date of the ordinance from which this chapter is derived 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 or yard and not a nonconforming use.

Normal high-water elevation (mark) means a line of reference commonly identified as being where the land meets the normal high-water elevation. For the purposes of this chapter, the normal high-water elevation is defined as the line where the natural vegetation changes from predominantly water oriented to predominantly land oriented.

Parking lot means a structure or premises containing five or more marked parking spaces. Such spaces may be for rent or a fee.

Parking lot regulation sign means a sign designating the conditions of use or identity of a parking area.

Parties in interest includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontage.

Planned unit development (PUD) is the process or procedure whereby a relatively large parcel of land is developed for a specific use or uses in such a way to provide specific benefits to both the developer and the community in which the development is proposed. The basic benefits to the developed are the reduction in individual parcel size and yard requirements while maintaining the density requirement of the zoning district or districts within which the development is located, the consequent reduction in linear feet of streets and utilities, provision of common open space, and the greater flexibility in overall design in order to overcome or avoid negative characteristics of the land. The basic benefits to the community include the reduction in linear feet of streets and facilities to be maintained, greater control of the aesthetic quality of the development, better utilization of the land, and the addition of open space area providing recreational opportunities to immediate residents of the development. PUDs when allowed in a zoning district must comply with the specific requirements as set forth in the district regulations.

Primary floor area means the floor area of a building for purposes of determining required parking ratios, which area shall include only that portion of the total floor area devoted to customer service, sales and office space and shall not include warehouse, utility, hallways and other accessory space which does not generate parking demand.

Professional home offices means residences of clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, real estate agents, artists, teachers, authors, musicians, or other recognized professions used in the conduct their professions where the office does not exceed 20 percent of the area of only one floor of the residence, and where such use does not generate additional nonresidential vehicular traffic to the immediate area of the residence.

Project sign means a sign or graphic which identifies a construction project or development. Project signs are intended for temporary identification only when construction is in progress.

Project street sign means a sign which is designed to project perpendicular from a wall and to be viewed from two or more directions.

Reach means a longitudinal segment of a stream generally including those floodlands wherein flood stages are primarily and commonly controlled by the same manmade or natural obstructions to flow.

Real estate street sign means a street sign pertaining to the sale, lease, or rental of the property upon which it is located.

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.

Regional flood. The regional flood is a flood determined to be representative of large floods known to have generally occurred in the state and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is one in every 100 years; this means that in any given year there is a one percent chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regional flood has a 26 percent chance of occurrence.

Revolving street sign means swinging and rotating street signs, either motor-driven or wind-propelled.

Roof line means the uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade.

Roof street sign means a sign erected on a building above the roof line.

Sectional home means a dwelling made of two or more modular units fabricated in a factory or assembly plant and transported to the homesite where they are placed on a foundation and joined to make a single house.

Setback or street yard means a yard extending across the full width of a 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 such yard on each abutting street.

Shorelands means all land, water and air located within the following distances from the normal high-water elevation of navigable waters as defined in Wis. Stats. § 281.31: 1,000 feet from a lake, pond or flowage; 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater. If the navigable water is a glacial pothole lake, the distance shall be measured from the high-water mark thereof.

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 structures.

Signable area means the designated area of the facade of the building up to the roof line which is free of windows and doors or major architectural detail on which street signs or a graphic may be displayed.

Signs or graphic 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.

Solar detriment area, horizontal, means the area adjacent to a structure upon which has been constructed or placed an operational active solar system and which is inscribed by drawing a line 200 feet long from the easternmost corner (or side) of the structure at an angle of 15 degrees east or south measured at the point of beginning, then drawing a second line from the northernmost corner (or side) of the structure 200 feet due west, thence 200 feet due south, and thence east to an intersection with the end of the first line drawn. Such inscribed area shall include that part or portion of the roof surface which slopes to the southeast, south, southwest or west. Structures built above a certain height within this area may block sunlight during critical times of the day from radiating on the solar energy collectors.

Solar detriment area, vertical, means the area above a plane which extends outward from a structure over the entire horizontal area of solar detriment of such structure from a horizontal line on the structure measured ten feet from the ground level at the southernmost corner (or side) of the structure and extended outward to the limits of the horizontal area of solar detriment and at an angle of 20 degrees above the horizontal measured from a point on or at the structure. Structures or plantings protruding above this plane may detrimentally block sunlight from the solar energy collectors or an operational active solar system.

Storage capacity means the volume of space available above an area of floodplain fringe land for the temporary storage of floodwater.

Street means a public right-of-way not less than 60 feet wide providing primary access to abutting properties.

Street sign or graphic means any letter, symbol, number, mural, or combination of these, which can be seen from the right-of-way of a street or highway. "Street signs" includes signs (other than public information signs), wall signs, ground signs, advertising street signs, and projecting signs.

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

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

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, include either: (i) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (ii) any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components.

Sustained yield forestry means management of forested lands to provide annual or periodic crops of forest products.

Swimming pool means any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent, which is either above or below the ground in which water of more than 24 inches in depth is contained and which is used primarily for the purpose of bathing and swimming.

Temporary use means a use of a building permitted by the plan commission to exist during periods of construction of the main building or use, or for special events.

Temporary window street signs or graphics means graphics designed to be displayed in the window of a building for a period not to exceed 14 days.

Time and/or temperature graphic means a graphic giving the time and/or temperature but not including other traveling messages.

Tri-level dwelling means a three-level dwelling with two levels abovegrade and the third level half abovegrade and half belowgrade; the lowest level may or may not have exterior access.

Wall street sign or graphic means a graphic which is attached to a wall of a building and projects not more than 12 inches from such wall.

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.

(Code 1980, §§ 17.1401, 17.1402; Ord. No. 2015-1 VB, § I, 2-9-2015; Ord. No. 5-2021, 9-13-2021)

This chapter permits specific uses in specific districts, and performance standards are designed to limit, restrict, and prohibit any effects of those uses outside their premises or district. All structures, lands, air and water shall, in addition to their use, site, and sanitary regulations, comply with the performance standards as set forth by those county, state and federal agencies or departments having regulatory jurisdiction concerning air pollution, fire and explosive hazard; glare and heat; water quality; noise; radioactivity and electrical disturbances; and vibration. Permits for the construction or location of certain industrial, commercial, institutional and other specific uses may require prior review and approval by one or more of the aforementioned agencies or departments and in reviewing complaints regarding any of the concerns listed above the building inspector may require formal technical review and recommendation from such agencies or departments prior to making a decision on the matter.

(Code 1980, § 17.1200)

Notice of any public hearing which the village board, plan commission, or zoning board of appeals is required to hold under the terms of this chapter shall specify the date, time and place of said hearing, the legal and common property description, and shall state the matter to be considered at said hearing. Notice shall be published in a newspaper of general circulation at least once each week for two consecutive weeks and the hearing shall not be held until at least seven days following the last publication. The clerk-treasurer shall also give at least ten days' prior written notice of such hearing to the clerk-treasurer of any municipality within 1,000 feet of any land to be affected by the proposed action.

(Code 1980, § 17.1300)