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

(Code 1980, § 17.0201)

The village plan commission shall have the duty of making reports and recommendations relating to the planning and development of the village to public officials, agencies, public utility companies, civic, educational, professional and other organizations, and citizens. The commission and its members and employees, in the performance of their functions, may, upon proper notification, enter upon any land and make examinations and surveys related to the planning of the village. In general, the plan commission shall have such powers as may be necessary to enable them to perform their functions and promote planning of the village and environs.

(Code 1980, § 17.0202)

There is designated a zoning administrator and enforcement officer for the provisions of this chapter. The zoning administrator shall be appointed by the village board. The duty of the zoning administrator is to interpret and administer this chapter. The zoning administrator, or his duly appointed deputy, shall issue, after on-site inspection, all permits required by this chapter. The zoning administrator shall further:

(1)

Maintain records of all permits issued, inspections made, work approved, and other official actions.

(2)

Establish that all necessary permits that are required for floodland uses by state, county, and federal law have been secured.

(3)

Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.

(4)

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the village board president in a manner specified by him.

(5)

Assist the village attorney in the prosecution of ordinance violations.

(6)

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119.

(7)

Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.

(8)

Request assistance and cooperation from the local police department or county sheriff's department and village board president as deemed necessary.

(Code 1980, § 17.0203)

No structure, land, or water shall be used; no existing use shall be changed; and no structure shall be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except in conformity with the regulations herein specified for the district in which it is located and until after the owner or his agent has secured a building/zoning permit from the zoning administrator or his duly appointed deputy. Applications for building/zoning permits shall be made in duplicate to the zoning administrator on forms furnished by the zoning administrator and shall include the following where applicable:

(1)

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

(2)

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

(3)

Plat of survey or certified survey map prepared by a registered land surveyor, or a location sketch drawn to scale showing the locations, boundaries, dimensions, elevations, uses, and sizes of the subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; existing and proposed off-street parking, loading areas, and driveways; and existing and proposed street, side, and rear yards. In addition, the plat of survey shall show the locations, elevations, and uses of any abutting lands and their structures within 40 feet of the subject site.

(4)

Proposed sewage disposal plan if public sanitary sewerage service is not available. A description and sketch plan of on-site sewage disposal, collection or treatment facilities proposed to serve the site shall accompany the building/zoning permit. Such a plan shall be prepared in accordance with any county or state codes, regulations or ordinances and shall include a copy of any permit issued by the county or state health agencies for the installation of an on-site soil absorption sanitary sewage disposal system or other appropriate means of sanitary waste collection or disposal.

(5)

Proposed water supply plan if public water service is not available. A description and sketch of on-site water supply systems proposed to serve the site shall accompany the building/zoning permit. Such a plan shall be in accordance with Wis. Admin. Code NR ch. 812.

(6)

Erosion control and grading plan as may be required by state, county, or village regulation or this chapter.

(7)

Additional information as may be required by the village plan commission, zoning administrator, village engineer, village attorney, village building inspector or village planner.

(8)

A building/zoning permit shall be granted or denied in writing by the zoning administrator within 60 days from the date of receipt of the application. Once granted the permit shall expire if no substantial construction shall have taken place for a six-month period after the date of application. Any construction project not completed within 18 months following permit issuance must be extended in writing by the zoning administrator. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(Code 1980, § 17.0204)

With the exception of agricultural zoning districts and seasonal fences, no fence, porch or other structure shall be erected or constructed in the village until a permit is issued by the building inspector. A sketch or design of the structure, together with the location plot plan in duplicate, the name of the builder (if any), a written list of material to be used, and the cost shall accompany the application. (See "Fence," section 70-8, Municipal Code of the Village of Roberts.)

(Code 1980, § 17.0205)

No vacant or undeveloped land shall be occupied, used, or developed for dwelling, commercial, industrial, storage, or other nonagricultural or nonconservancy purposes; no building or premises shall be altered, moved, placed or substantially improved; no change in use shall be created; and no nonconforming use shall be continued, renewed, changed, or extended until an occupancy/use permit or operations plan shall have been issued by the building inspector as follows:

(1)

Such permit, which shall be an integral part of the building/zoning permit process, shall show that prior to occupancy the building or premises or part thereof is properly zoned and is otherwise in compliance with the provisions of this chapter and in conformance with other restrictions of the village.

(2)

Application for an occupancy/use permit shall be made in the same manner as for a building/zoning permit pursuant to section 70-34, Municipal Code of the Village of Roberts; or, where the construction or structural rehabilitation of, addition to, moving or removal of a building requires a building/zoning permit as set forth in the codes and ordinances of the village, the procedures for occupancy permit applications set forth therein shall be followed.

(3)

No undeveloped land within floodland districts shall be occupied or used, and no structure hereafter erected, altered, or moved shall be occupied, until the applicant submits to the zoning administrator a certification by the county park and planning commission that the floodland regulations of the county have been fully met. It is the responsibility of a permit applicant to secure all other necessary permits required by any federal, state, county, or local agency. This includes, but is not limited to, a wetland fill permit pursuant to section 404 of the Federal Water Pollution Control Act, or water use permits pursuant to Wis. Stats. chs. 30 and 31.

(Code 1980, § 17.0206)

For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property value, no person shall commence any nonagricultural use or erect any structure, except conventional one- and two-family dwellings, without first obtaining the approval of the plan commission of a detailed site, architectural, and in the case of commercial, industrial or institutional uses, operations plan as set forth in this section. The plan commission members shall familiarize themselves with the site, existing and proposed structures, architecture, neighboring uses, parking areas, driveway locations, loading and unloading in the case of commercial and industrial uses, highway access, traffic generation and circulation, drainage, landscaping, and sewerage and water systems, as well as plans of proposed operation. The plan commission may delegate the responsibility for operation plan review and approval to the zoning administrator and/or planner.

(1)

Compliance.

a.

Compliance with all other provisions of this chapter such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses. Variances may only be granted as provided in article X of this chapter. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operations control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

b.

Compliance with the provisions of this chapter shall not be grounds for the removal of land from the F-1 Floodland District unless all the requirements of article XI of this chapter have been complied with, approval has been granted by the state department of natural resources, and where required, an "official letter of map amendment" has been issued by the Federal Emergency Management Agency (FEMA).

(2)

Required information.

a.

The following plan data shall be submitted to the zoning administrator or planner, who shall transmit all applications and their accompanying plans to the plan commission for their review 14 days prior to the plan commission meeting at which approval is being requested.

1.

Site plan drawn to scale (including scale and north point).

2.

Name of project.

3.

Owner's and/or developer's name and address.

4.

Architect's and/or engineer's name and address.

5.

Date of plan submittal.

6.

Existing topography shown at a contour interval not less than two feet (or where not readily available elevations at appropriate locations).

7.

Proposed changes in topography.

8.

The characteristics of soils related to contemplated uses.

9.

The type, size, location and dimensions of all structures including fences and walls.

10.

Location and number of parking, loading, and storage areas.

11.

Primary building materials used in construction of all structures.

12.

Height of building.

13.

Location and size of existing and proposed sanitary sewers, septic tanks and disposal fields, holding tanks, storm sewers, and water mains.

14.

Location, size and capacity of proposed stormwater detention/retention areas.

15.

Location of proposed solid waste (refuse) storage area.

16.

Location of pedestrian sidewalks and walkways.

17.

Existing and proposed public right-of-way widths.

18.

Existing and proposed street names.

19.

Location, type, height and intensity of proposed lighting.

20.

Location of existing trees and extent, and type of proposed plantings including type and extent of erosion control.

21.

A graphic delineation of any planned development staging.

22.

Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character of proposed structures.

23.

Any other site or use information, such as 100-year internal flood lines, which will assist the plan commission in making a determination and recommendation on the proposal.

b.

In addition, operations plan data to be submitted with all plan review applications (14 days prior to the plan commission meeting) shall include at least the following:

1.

Specific use of site and buildings.

2.

Hours of operations.

3.

Number of full- and part-time employees.

4.

Estimate of daily truck and auto trips to the site.

5.

Type of materials and equipment to be stored on-site.

6.

Method of handling solid and liquid waste disposal.

7.

Method of exterior maintenance (site and buildings).

8.

Method of site and building security other than local police.

9.

Copies of all special use permits issued by state or county agencies.

10.

Any other information which will assist the plan commission in making a determination and recommendation of the proposal.

(3)

Review and findings. The plan commission shall review the referred site and operations plans at a meeting within 35 days after the initial application is made. The plan commission shall not approve any plans unless they find by a preponderance of the evidence after viewing the application that the structure, as planned, will not violate the intent and/or use and purpose of this chapter. The plan commission will approve said plans only after determining that the proposed building or buildings will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety. Any approval by the plan commission and its staff will become null and void if the structure, site development, or use is not commenced within 12 months from the date of approval or extended by the plan commission.

(4)

Appeals. Any person or persons aggrieved by any decisions of the plan commission related to site and operation review may appeal the decision to the board of appeals. Such appeal shall be filed with the clerk-treasurer within 30 days after filing of the decision with the zoning administrator.

(Code 1980, § 17.0207)

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. The village engineer, or any other official acting on behalf of the village, in applying the provisions of this section, shall in writing recite the particular facts upon which he bases his conclusion that the land is not suitable for a certain use. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter the plan commission may affirm, modify or withdraw the determination of unsuitability. In any event, the following requirements must be met:

(1)

All lots or ownership parcels shall abut upon a public street, road, or highway for a minimum frontage of 33 feet or as otherwise required in the land division ordinance (chapter 58). In hardship circumstances related to existing parcels of land the plan commission may, at their discretion, allow one or two residential principal uses to have access to a public street via a common easement.

(2)

All principal structures shall be located on a lot or building space; and only one principal structure shall be located, erected, or moved onto a lot, "mortgage" lot or building space in a single-family or two-family district. Construction of accessory uses on a lot under the same ownership of an abutting lot on which a principal use structure is located will not be permitted without a conditional use permit. The plan commission may permit more than one structure per lot in other districts where more than one structure is either needed or suitable for the orderly development of the parcel. Where additional structures are permitted, the plan commission may impose additional yard requirements, landscaping requirements, or parking requirements or require a minimum separation distance between principal structures.

(3)

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

(4)

Lots abutting more restrictive zoning districts shall provide side and rear yards not less than those required in the more restrictive abutting district. Street or front yards shall be as determined by the zoning administrator at the time a building permit is issued. If the boundary of the more restrictive district is encompassed within a railroad or street right-of-way the more restrictive yard requirements may be waived by the plan commission.

(5)

No river or stream shall be altered or relocated until such alteration has been applied for and granted in accordance with the requirements of article XI of this chapter or the appropriate codes and ordinances of the village.

(6)

Structures or plantings proposed to be located within the defined "horizontal area of solar detriment" of an existing use having an operational active solar system may not be placed either initially or at some future date to intrude into the defined "vertical area of solar detriment" of the existing use.

(7)

Soil limitations. Certain soil types within the village as shown on the operational soil survey maps prepared by the USDA Soil Conservation Service (SCS) have severe or very severe limitations for on-site soil absorption sanitary sewage disposal facilities because of one or more of the following reasons: high or fluctuating water table, flooding, groundwater contamination, silting, slow permeability, steep slopes, or proximity to bedrock. Such soil data will be considered by the plan commission when development requiring on-site soil absorption sanitary sewage disposal facilities are proposed on those soil types which have the above characteristics.

(8)

No topsoil or subsoil shall be removed from any land development site or from individual agricultural, commercial, industrial, institutional, or recreational sites without the proper review and approval of an application for such removal by the plan commission. Likewise, no land, water or wetland area shall be filled, ditched, drained or inundated without the proper approval of the plan commission and/or village board pursuant to this chapter or other ordinances.

(9)

In addition to any other applicable site restrictions, the following restrictions and regulations shall apply to shorelands as defined by the county:

a.

Tree cutting and shrubbery clearing within 100 feet of the high-water elevation of all navigable waters is prohibited except for homesite development, as defined in this chapter; park site development; access roads, path and trail construction; timber stand improvement; customary trimming; dead tree removal; and managed timber harvesting under a state district forester's plan. Such tree cutting and shrubbery clearing shall not exceed 30 percent of the lot or tract, and shall be conducted to prevent erosion and sedimentation, preserve and improve scenic qualities, and during foliation substantially screen any development from stream or lake users. Paths and trails shall not exceed ten feet in width and shall be designed and constructed to result in the least removal and disruption of shoreland cover and the minimum impairment of natural beauty.

b.

Earth moving on individual use properties such as site grading, ditching, short term filling with earth materials and topsoil stock piling requires a permit issued by the zoning administrator either as a part of building construction or as a separate activity. Such activity shall not be a visual eyesore, and shall not change drainage patterns or cause erosion or other safety hazards. The zoning administrator, in his review of such proposed activity, may request that the plan commission review the proposal and provide direction to him regarding the issuance and regulation of a permit.

c.

Earth moving such as related to land development proposals, altering or enlarging of waterways, removal of stream or lake bed materials, channel clearing, dredging, lagooning, road cutting, pond construction, drainage ditching, construction of soil and water conservation structures, topsoil or other earth material mining, and long term or continuous fill operations are uses requiring a permit issued by the zoning administrator after review and approval by the plan commission in addition to any other county, state or federal agency having jurisdiction. The plan commission may place conditions and limitations on such activities or, following their review, may determine that the proposal is of such magnitude that it should be treated as a conditional use as set forth in article V of this chapter.

d.

All structures except navigational aids, piers and boat launching facilities, shall not be closer than the shoreyard distance as specified in each district of this chapter.

e.

Tillage, grazing, livestock watering and feeding and application of fertilizers shall be prohibited unless conducted in accordance with applicable county, state and federal laws and regulations and unless conducted in such a manner to safeguard the health, safety and welfare of individuals, animal and aquatic life, in the surrounding environment.

f.

Surface water withdrawal, diversion, or discharge for irrigation, processing, cooling or other purposes are conditional uses requiring a public hearing before the plan commission in accordance with article V of this chapter. The plan commission shall then advise the agency having jurisdiction under Wis. Stats. §§ 30.18 and 281.12 of its findings, prior to the issuance of the required state permits. The applicant shall have an opportunity to present evidence contesting such finding if he so desires. Thereafter the plan commission may affirm, modify, or withdraw its finding.

(Code 1980, § 17.0208)

The following use restrictions and regulations shall apply:

(1)

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

(2)

Accessory uses and structures. Accessory uses and structures are permitted in any district but not until their principal use and/or structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry except home occupations and professional home offices as defined in this chapter and shall not be used as a second principal residence. Accessory uses include incidental repairs to the principal structure; storage structures; parking structures and areas; home use gardening; quarters of servants, owners, itinerant agricultural laborers and watchman (not for rent); private swimming pools; and private emergency shelters.

(3)

Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the plan commission and village board in accordance with article V of this chapter, and when approved, requiring special zoning district map delineation in accordance with article IV of this chapter. In addition to those uses specified herein, the following shall be deemed to be conditional uses: any principal use in addition to the first such use on one building parcel or space; and any proposed use or development within 500 feet of the existing or proposed right-of-ways of freeways, expressways, and interstate and other controlled access trafficway within 1,500 feet of an existing or proposed interchange or turning lane right-of-way, or within 500 feet of the existing or proposed intersections of two or more arterial streets or highways. Such use or development shall be specifically reviewed and approved by the plan commission and village board as provided in article V of this chapter.

(4)

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the plan commission provided that such uses are similar in character to the principal uses permitted in the zoning district.

(5)

Temporary uses. Temporary uses, such as shelters for materials and equipment being used in the construction of a permanent structure, may be permitted for a period not to exceed 12 months while construction is in progress. No shelter for human habitation shall be allowed on a construction site unless in the case of hardship due to fire, storm or other destruction not purposely made.

(6)

Conceptual approval. Conceptual approval of planned unit development (PUD), group housing, multiple-family, commercial, industrial, or mixed-use projects may be granted by the plan commission. Such conceptual approval shall serve as a notice of intent to formally approve a project when detailed plans meeting the requirements of this chapter and conditions set by the plan commission are submitted in a formal zoning permit application. Conceptual approval shall not, however, be binding on the plan commission or the village board. In such cases, the plan commission may require a public hearing conforming to the review procedures set forth in article V of this chapter and section 70-10, Municipal Code of the Village of Roberts.

(7)

Corner lots. Corner lots shall include street setback area on all street-fronting yards as prescribed in the appropriate zoning district classification. Due to the foregoing regulation, all other yards on a corner lot shall be construed as "side yards" for building, structure or use setback purposes and regulated as prescribed in the appropriate zoning district classification or as otherwise set forth herein.

(Code 1980, § 17.0209)

(a)

Introduction and intent.

(1)

The process of private building and development in a community may be simple or complex depending upon the size of the project, the number of participants, the ease of communication among the various private and public parties involved, and the content and clarity of the public rules and regulations. While the community representatives can not usually directly affect either the project size or the number of project participants, they can have a direct affect on the content and clarity of rules and regulations as well as the communication, and indeed, interpretation, of any such rules and regulations.

(2)

Like inhabitants of most developing communities, village officials and citizens have legitimate concerns about both the future character of the community and the integrity of existing (and even historic) development. One such concern is in regard to land uses or the mix of land uses, both existing and planned. Another concern is the financial capability of development (developers) to provide the required and promised improvements and, the financial capability of the community to provide the necessary and requested services. A third major concern, importantly, is in regard to the visual impact or image of the community by people living within or only traveling through the community. The intent or purpose of this section is to provide principles and standards for use by both the potential developer and village officials in the preparation and review of site and building plans proposed within the community with emphasis on and the primary objective of heightening the visual character of the sites and buildings proposed and, thereby, the entire community. It is understood that such visual enhancement is also expected to be maintained over time and not be only an initial accomplishment to be forgotten.

(3)

The proponents of any single- or multiple-use development (other than single- and two-family single lot development) proposed to be undertaken within the village, must, pursuant to section 70-37, Municipal Code of the Village of Roberts, present a site and building plan to the plan commission for review and approval. Such approval must be tendered prior to receipt by the builder/developer of a permit to commence building or site development activity. The intent of this chapter is twofold: to provide a systematic, equal basis for review and discussion of projects, and to provide general guidelines to be used in the review of a development or building project.

(4)

In order to identify specific standards for the visible elements of site and building design which embody the general desires of the community, a set of agreed-upon principles have been established which form the foundation for the standards which will follow.

(b)

Site planning and design principles. It must be noted that a principle is a truth or tenet (a statement of fact as relates to a particular topic), in this case, site planning and design. Following is a list of principles which should be utilized by everyone concerned in any site planning and design projects in the village:

(1)

The development or building site must be viewed as only one element of the total developed and undeveloped environment in the vicinity of the site. Therefore, attention must be given to how the site and the development on the site will ultimately fit into the total environment.

(2)

Site planning and design is the process by which site features and uses on the site are made to be compatible, functional and visually pleasing.

(3)

All elements and aspects of the site, both natural and manmade, are important to the aesthetic character of the site.

(4)

Adjacent or contiguous uses or facilities may have a major effect on site or site uses.

(5)

Major changes in land forms on the site which thereby change the character and/or physical capabilities of the site are not, generally, conducive to good site development unless such changes are well planned and are necessary (as an example, a quarry) to final development.

(6)

The specific location of site access is critical to both the future use of the site and the safety and convenience of persons traveling on adjacent public ways.

(7)

Site grading, landscaping, paving, fencing, lighting, signage, and other site enhancement are an integral part of any building and development project.

(c)

Building, design, layout and construction principles. Following is a list of principles which should be utilized by everyone concerned in any building design, layout and construction project in the village:

(1)

No side or facade of a building or structure is exempt from public view and, consequently, all sides or facades should be visually pleasing and architecturally and aesthetically compatible.

(2)

The shape, size, dimension, architectural style, facade material, texture and color, building landscaping, building signage, and the setting of the building within its immediate environment are all elements of the building structure design addressed by the designer, both individually and in concert.

(3)

Each color, texture or material of which the exterior of a building is composed may, individually, present a visual statement to the viewer and, therefore, in order not to present a conflicting or complex visual statement, the arrangement and mix of colors, textures and materials should be carefully considered and the number of such elements minimized.

(4)

Some building materials present a visual statement of strength and permanence to the immediate environment and to the community and should be encouraged, while other materials which make a building or structure appear temporary should be avoided.

(5)

Individual buildings may be attractive but when duplicated or triplicated on the same or adjacent parcels or on the same horizontal plane may detract from the visual character of the overall development.

(6)

Some use elements of a building structure such as outside mechanical equipment, loading docks and areas, trash storage areas, and raw material storage areas are not usually attractive and often detract from the visual appearance of the building unless careful attention is given to placement, construction, structural and/or landscape screening of such areas.

(7)

Building landscaping, that is landscaping which is or appears to be an integral part of the building facade design, needs to be carefully planned and the appropriate plant materials used as not to detract from the architecture of the building.

(8)

Building signage, that is signage which is or appears to be an integral part of the building facade design, needs to be carefully planned and the appropriate sign materials, sign lighting and color used as not to detract from the architecture of the building or be disruptive.

(d)

Site planning and design standards. A standard (or criteria) is either a quantitative or qualitative model or value level by or against which all related actions or activities are measured. In this regard a standard is sometimes referred to as a "yardstick." Moreover, quantitative standards are those which, when applied, will reveal a quantitative difference or similarity between the standard and the action or activity being measured by the standard. For example, the action related to a site planning standard that states that "No manmade slope or disturbed natural slope shall be greater than 3:1, when 3 is the horizontal measurement" can be measured quantitatively to determine if, indeed, the standard has been met. A qualitative standard, on the other hand, is a standard which, when applied, involves a judgment, usually subjective, that the action or activity has met or can meet the stated standard. For example, a site planning standard that states that "All parking areas shall be screened in a visually pleasing manner to soften the visual presentation of parked cars and asphalt" requires that the person making the determination as to whether or not the standard is met actually looks at the screening structure, device or plant materials and makes a qualitative judgment. If it can be concluded that the materials, device or structure as designed or constructed are individually or collectively visually pleasing, there should be no problem making such a judgement. If, however, the materials are different in character the judgment is usually more difficult. Even the arrangement of individually pleasing materials may not be pleasing. Whenever possible purely qualitative standards should be avoided. Following are both quantitative and qualitative standards related to site development which will be used by the plan commission in the review of every site plan or development:

(1)

Standard No. SD-1.

a.

The natural landscape of a development site, including topography, ponds, drainageways, vegetation, and soils, shall be disturbed to the least extent possible to accomplish ultimate site development.

b.

Final manmade site grades on a continuous slope of more than 100 feet in horizontal distance shall not exceed 3:1 on any part of the site where 3 is the horizontal dimension, and shall exceed a 4:1 grade on no more than 20 percent of the site.

(2)

Standard No. SD-2.

a.

The drainage pattern on the site shall not be changed significantly and no change to the drainage pattern on lands in the immediate vicinity of the site shall be allowed.

b.

Storm drainage outfall from the completely developed site and generated from a 25-year summer rain storm event shall not exceed the physical ability of the streams, drainageways or storm sewers immediately adjacent and downstream from the site to accommodate such periodic storm drainage and shall be in compliance with the state department of natural resources rules and regulations.

c.

All site development plans shall be accompanied by a plan to abate and control soil erosion due to water runoff and wind as specified in state, county and local ordinances.

(3)

Standard No. SD-3.

a.

All streets interior to the development site, whether private or public, shall be constructed to, as appropriate, village construction standards in terms of cross-section, grades and construction materials.

b.

No segment of any public or private street within the overall development site shall exceed eight percent vertical grade and no segment of any such street shall exceed six percent vertical grade for a continuing horizontal distance of more than 200 feet.

c.

Approved points of access between streets within the development site and intersecting arterial or collector streets shall be designed to accommodate a minimum four-lane divided entry for a minimum distance of 250 feet into the development site when the average daily traffic (ADT) is expected to exceed 500.

(4)

Standard No. SD-4.

a.

No more than 50 percent of any total development site shall be covered with buildings or other covering materials which are impervious to surface water absorption (except in the B-3 District).

b.

All driveways, parking areas, loading areas and maneuvering areas shall be surfaced with bituminous or concrete materials within one year following occupancy of the premises.

(5)

Standard No. SD-5.

a.

Fencing designed to visually screen areas of the site from passersby shall be of a type and quality and constructed of materials that will be aesthetic and compatible with the building structure.

b.

Site fencing shall be designed and constructed to be readily maintained in a safe and aesthetic manner.

(6)

Standard No. SD-6.

a.

Lighting of the site shall be of a type, design, color and height to blend with the site and landscaping.

b.

Lighting of the site shall be of a design and height and shall be located so as to illuminate only the site and not be a beacon of distraction or potential hazard to traffic or to people working or living in the vicinity of the site.

(7)

Standard No. SD-7. Signage of uses and buildings on the site shall be limited in number and size as not to detract from the visual attractiveness of the site or architecture, nor the neighborhood in general.

(e)

Building design standards. Standards must be related to the various principles which, in turn, are related to the overall objective which, in this case, is to "heighten the visual character of sites and buildings in the village." It should be noted that the visual aspects of building design are difficult to relate to quantitative standards and, therefore, many of the building design standards must be qualitative. Following are both quantitative and qualitative standards related to the visual aspects of building construction which will be used by the plan commission in the review of every site plan or development:

(1)

Standard No. BD-1. Principal and accessory building presented for review shall be carefully designed to compatibly integrate architectural style, size, shape, building material, color and texture, landscaping, lighting and signage.

(2)

Standard No. BD-2.

a.

All buildings shall be designed to integrate the principal building materials, color and texture on all sides of the building.

b.

Each side of a building shall be designed to be individually visibly pleasing.

(3)

Standard No. BD-3.

a.

The number of materials, textures or colors which visually change the appearance of the building shall be limited to no more than three.

b.

Painted or unpainted or anodized metal panels used as a facade material shall not be extended or have the appearance of extending to within four feet of the ground elevation and shall comprise no more than 33 percent of the facade of any side of a building.

c.

Bright or fluorescent colors which attract or detract the eye shall not be used except as incidental trim comprising no more than five percent of the facade of any side.

(4)

Standard No. BD-4.

a.

Architectural types or styles which are unorthodox or which are considered to be incompatible with surrounding buildings shall not be allowed, except where adjacent buildings or structures do not meet the standards.

b.

Buildings constructed within a development shall not be so similar in exterior appearance that they appear to be the duplicate of the other unless placed on different horizontal planes or widely different vertical elevations.

(5)

Standard No. BD-5.

a.

Building appurtenances such as loading docks, solid waste storage areas, and mechanical or utility equipment shall not be located on the street side of any building and shall be permanently screened from general view on all other sides (or roofs) of the building by use of compatible building materials, dense landscaping or both.

b.

Building landscaping, lighting and signage shall be presented as an integral part of the building design and shall not be so large or distinct as to detract from the architecture of the building.

(6)

Standard No. BD-6. Structural expansion or rehabilitation of existing buildings shall be designed to comply with the standards set forth herein.

(f)

Overriding considerations. The foregoing standards are designed to be met by all buildings and developers in the village, with the specific exception of single- and two-family home construction. In certain or specific situations, however, the strict application or adherence to established standards is not possible. For example, where a physical hardship would be created by strict adherence to a standard and where there is no alternative which could meet the standards, good sense would dictate that the specific standard be reduced or, perhaps, waived in that individual case. Following are a series of considerations which may be reviewed and, if found to apply to a specific situation, should be applied and, thereby, either override or enhance the standards involved:

(1)

The natural terrain of a site may be so diverse or severe that total adherence to pertinent standards is not possible. In such a case the standard should be met to the extent possible or a suitable alternative found as approved by the plan commission.

(2)

The landscaping of a site and even the fencing and building structures on the site should be arranged to attractively screen from the general view of the traveling public those areas on the site not enclosed within a building which are not inherently attractive, such as auto parking areas, truck and construction equipment parking areas, large paved areas, trash receptacles, building related mechanical equipment, aboveground utility facilities, and raw material storage.

(3)

In most cases the use of one or two building materials or colors or textures is sufficient to establish the visual character of a building. In a limited number of cases the design of the building requires the use of several exterior materials, each of which, in turn, have differing textures and colors. In such cases care must be taken by the builder/developer to clearly identify the necessity for such diversion from the standards.

(4)

Many types of totally or partially metal-clad buildings do not give the visual impression of permanence and, in addition, such buildings are vulnerable to both physical and visual decay within a relatively short period. There are those cases, however, where buildings have been or may be designed using metallic panels which are at once both attractive and durable and not merely an inexpensive method of building. In such cases, where it can be demonstrated that a building having more than 33 percent of the exterior covered with metal is both attractive and provides a visual permanence within its surroundings, the plan commission may reduce or waive the standards relating to such situations.

(5)

In some cases the existing buildings in a partially developed area do not meet the standards set forth herein or have deteriorated to such an extent that they are visually displeasing and may even appear blighted or dilapidated. In such cases the introduction into the area of a new building which meets the standards may appear to be incompatible with the existing development but should be construed as the initial development even though not in visual conformance with its surroundings.

(6)

The arrangement of like or similar structures on a site or on contiguous parcels at different elevations, different planes, or at different angles may visually change the appearance of the individual structure. Such arrangement should be carefully considered in the review of building plans. On the other hand, simply changing the facade color, texture or material on like or similar buildings may not be sufficient to change the overall exterior appearance.

(Code 1980, § 17.0210)

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

(Code 1980, § 17.0211)

(a)

Structures and vegetation used for landscaping and decorating may be placed in the required street yard and side yards. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sundials, bird baths, and decorative fences not exceeding three and one-half feet in height, trees, shrubs, and flowers.

(b)

All detached accessory structures or uses shall not be closer than ten feet from any other structure on the property unless an approved fire separation is installed, and shall not exceed 15 feet in height. The accessory building should be a minimum of five feet from the side yard and a minimum of five feet from the rear yard. When, in the judgment of the zoning administrator or plan commission, it is determined that, due to the configuration of the lot or principal of accessory structures on the lot, such accessory uses or structures are or may become a visual or audible nuisance, they shall require the owner of such accessory uses or structures to screen them by use of dense vegetation, aesthetic fencing, structural barriers, or a combination thereof based on a specific plan drawn to scale.

(c)

Architectural projections such as chimneys, flues, sills, eaves, belt courses, and ornaments may project into any required yard, but such projections shall not exceed three feet.

(d)

Essential services such as utilities and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(e)

Residential fences are not permitted within six inches of the property lines in the yards of residential districts, except when approved by the adjoining property owner, but shall not in any case exceed a height of six feet, shall not exceed a height of three feet when placed in the front yard, and shall not be closer than five feet to any public right-of-way. Exception: Twin homes have a zero lot line in center and when an existing fence is on property line.

(f)

Security fences are permitted on the property lines in all districts except residential districts and shall not exceed 12 feet in height in institutional districts and eight feet in height in all other districts, and shall be of an open type similar to chain link, woven wire or wrought iron fencing unless otherwise approved or required by the plan commission for visual screening. Landscaping and vegetation are exempt from the yard requirements of this chapter except where traffic vision is involved.

(g)

Uncovered stairs, landings and fire escapes may project not more than six feet into any yard and may not be closer than five feet from any lot line.

(Ord. No. 2010-6 VB, 11-18-2010; Ord. No. 2014-10 VB, 11-10-2014; Ord. No. 7-2021, 9-13-2021)

(a)

Intent. The intent of this section is to provide a means to accommodate a small family home-based business or professional home office as a conditional use without the necessity of a rezone into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.

(b)

Restrictions on home occupations. Except as provided in Subsection C below, occupations are a conditional use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:

(1)

The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.

(2)

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

(3)

No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

(4)

No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

(5)

Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall comply with district sign regulations.

(6)

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

(7)

The village board may determine the percentage of the property that may be devoted to the occupation but it shall not exceed 30 percent (defined by a combination of total floor space and/or amount to time this space is used for the home occupation).

(8)

The constant and continuous sale of items or products on the premises is prohibited.

(9)

The types and number of equipment or machinery may be restricted by the village board.

(10)

Sale or transfer of the property shall cause the conditional use permit to be null and void.

(11)

Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.

(c)

Permitted use exception. A home occupation under this section may be maintained in any residential district as a permitted use, as opposed to a conditional use, if the standards of subsection (b) above are complied with and no sign is erected or maintained regarding the home occupation, no more than one family works on the premises, no customers regularly come to the house, and the business is service-oriented and not engaged in retail trade.

(Ord. No. 2015-2 VB, § I, 2-9-2015)