This chapter is adopted pursuant to and under the authority of Wis. Stats. §§ 61.35 and 62.23.

(Code 1986, § 10-1-2)

The purpose and intent of this chapter is to promote the public health, safety and general welfare. It is the further purpose of this chapter to regulate, prohibit and restrict the erection, construction and reconstruction of structures and buildings and uses of land in the village, according to their specific purposes and characteristics; to regulate and limit the height of structures and determine the percentage of area used of total lot area; to establish, regulate and determine the uses of land by dividing the village into districts of such number, size and shape as are deemed best suited to carry out the regulations of this chapter; to create a board of appeals and defining and limiting the powers and duties of the village board and to provide the means for enforcing the ordinance and prescribe penalties for the violations of the provisions thereof.

(Code 1986, § 10-1-3)

This chapter shall be administered and be in force on all lands within the corporate limits of the village and legal extraterritorial areas.

(Code 1986, § 10-1-4)

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

Abutting means having a common property line or district line.

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

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

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

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

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

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

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

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

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

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

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 flat roofs; to the mean height level between the eaves and ridges of gable, gambrel, hip, and pitch roofs; or to the deck line of mansard roofs.

Building inspector means the employee of the village officially designated to administer the building and zoning ordinances.

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

Building, principal, means a building in which is conducted the main use of the lot on which the building is located.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Floor area means:

(1)

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

(2)

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

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

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

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

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

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

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

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

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

Household occupations mean any occupation or profession for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises. The term "household occupations" shall include residences of baby-sitters, milliners, dressmakers, launderers, crafts and canners, but does not include the display of any goods or such occupations as barbering, beauty shops, dance schools, real estate brokerage or photographic studios. The term "household occupations" shall not include the display of goods visible from outside the premises.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nonconforming uses or structures mean 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 and not a nonconforming use.

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

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

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

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

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

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

Primary arterial highway means a highway which serves long trips with high mobility; connects regions or important cities; serves communities with over 5,000 population by 1990; continuous system in combination with principal arterials and provides high a level of service with only slight variation.

Principal arterial highway means serves longest trips with highest mobility; connects states, regions or metropolitan areas, serves cities with over 50,000 population by 1990. A principal arterial highway is a continuous, interconnected system with uninterrupted maximum level of services.

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

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

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

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

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

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

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

Standard arterial highway means a highway that serves long trips with good mobility; has intra-regional and inter-community connections; serves communities with over 1,000 population; is generally continuous system in combination with principal and primary arterials; provides good level of service under varying operating conditions.

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

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

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

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

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

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

Travel trailer means a vehicular portable structure, built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use, limited in weight or length to either a maximum weight of 4,500 pounds or a maximum length of 28 feet.

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

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

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

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

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

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

(Code 1986, § 10-1-180)

The regulations of this chapter shall be construed as being supplementary to the regulations imposed on the same lands by any existing ordinances. 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. When these regulations conflict with other applicable zoning ordinance provisions, the most restrictive combination of such regulations shall control.

(Code 1986, § 10-1-5)

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements necessary for the promotion of the public health, safety, morals and welfare, and shall be liberally construed in favor to the governing body and shall not be deemed a limitation or repeal of any other powers granted by state law.

(Code 1986, § 10-1-7)

(a)

General regulations apply to all districts except as noted herein. When requirements of a general regulation and a district regulation differ, the more restrictive combination of regulations shall prevail.

(b)

No structure, building, or land, shall be used and no structure shall be located, erected, converted, extended, enlarged, reconstructed, or altered nor shall any change of use of any structure or land be made within areas included under the jurisdiction of this chapter unless they shall be in full compliance with the terms and provisions of this chapter and other applicable regulations.

(Code 1986, § 10-1-10)

(a)

Purpose. The official map is established in the village for the purpose of serving and promoting the public health, safety, convenience, economy, orderliness and general welfare of the community; to further the orderly layout and use of land; to stabilize the location of real property boundary lines; to facilitate adequate provision for transportation, parks, playgrounds, stormwater drainage, and to facilitate the further subdivision of larger tracts into smaller parcels of land.

(b)

Adopted. The official map on file in the permit issuer's office, bearing the date of _____. This map is designated as the official map of the village, along with all changes or additions adopted pursuant to this chapter, or to Wis. Stats. § 62.23(6). All notations, references and other information shown on the official map shall be as much a part of this chapter as though the matters and information thereon were fully described herein.

(c)

Building permits. No building or structure shall be located, erected, moved, reconstructed, converted or structurally altered within the village unless a building permit has been applied for and issued. Application for a building permit shall be made to the permit issuer on forms prescribed by him. The permit issuer may require an applicant for a building permit to submit a plot plan, which must show accurately the location of any proposed building or structure with reference to any street, highway, parkway, school site or park as shown on the official map. No permit shall be issued for any building in the bed of any existing or proposed street, highway, parkway, school site or park shown on the official map. No permit shall be issued unless a street, highway or parkway provides access to the proposed structure.

(d)

Changes and additions. The village board may change or add to the official map; provided, however, that no such changes or additions shall become effective until a public hearing and all procedures contained in Wis. Stats. §§ 61.35 and 62.23(6)(b) are adhered to. Changes or additions made by duly approved subdivision plats or certified surveys shall not require a public hearing, if the change or additions do not affect any land outside of the area being platted.

(e)

Effect of map. The placing of any street, highway, parkway, park or school site line upon the official map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street, parkway, park or school site, or the taking or acceptance of any land for such purposes.

(f)

Recording. The village clerk-treasurer shall file a certificate with the register of deeds of the county showing that the village has established, changed or added to the official map immediately after adoption by the village board.

(Code 1986, §§ 10-2-1—10-2-4)

No building shall be erected or altered:

(1)

To exceed the authorized height for the zoning district;

(2)

To accommodate or house a greater number of families than authorized for structures in the applicable zoning district;

(3)

To occupy a greater percentage of lot area authorized for the applicable zoning district; or

(4)

To have narrower or smaller front yards, rear yards, or side yards than is specified herein for the district in which such building is located.

(Code 1986, § 10-1-11)

No part of a yard or open space about any building required for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building. An open porch or terrace may occupy a front yard, provided that the unoccupied portion of the front yard furnishes a depth of not less than 15 feet. A one-story bay window may project not more than three feet beyond the front line of the building.

(Code 1986, § 10-1-12)

(a)

Any lot in a single ownership which was of record at the time of the adoption of the ordinance from which this chapter is derived, that does not meet the requirements of this chapter for yards, courts, or other area of open space may be utilized for single residence purposes, provided the requirements for such yard or court area, width, depth or open space is within 75 percent of that required by the terms of this chapter.

(b)

The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

(Code 1986, § 10-1-13)

Every building shall front upon a public street which street shall have a minimum right-of-way width of 50 feet.

(Code 1986, § 10-1-14)

No dwelling shall be erected in the I-1 or I-2 industrial districts. However, the sleeping quarters of a watchman or caretaker may be permitted.

(Code 1986, § 10-1-15)

Basement dwellings, garage dwellings or trailer dwellings shall not be used for dwelling purposes except as specifically provided in this chapter. This section is not intended to prevent use of the basement of a residence for dwelling purposes.

(Code 1986, § 10-1-16)

Every dwelling unit shall contain not less than 900 square feet of usable floor area in a single-family residence and not less than 600 square feet of usable floor area for each family in a converted or constructed two-family dwelling or less than 500 square feet of usable floor area in a converted or constructed multi-family residence housing three or more families, exclusive of basements, cellars, and unfinished attics.

(Code 1986, § 10-1-17)

Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be grade in such a manner as to meet existing grades and not to permit run-off of surface water to flow onto the adjacent properties. Grades shall be approved by the building inspector.

(Code 1986, § 10-1-18)

Any building or structure, which has been wholly or partially erected on any premises located either within or outside of the village, shall not be moved to and be placed upon any other premises in the village until a permit for such removal shall have been secured. Any such building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure, the building inspector shall inspect same and shall determine if it is in a safe condition to be moved, whether it may be reconditioned to comply with the building code and other village requirements for the use and occupancy for which it is to be moved. Providing these conditions can be complied with, a permit shall be issued for the moving of the building or structure.

(Code 1986, § 10-1-19)

The construction, maintenance, or existence within the village of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells or of any excavations, holes, or pits which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited; provided, however, this section shall not prevent any excavation under a permit issued pursuant to this chapter or the building code of the village where such excavations are properly protected and warning signs posted in such manner as may be approved by the building inspector and provided further that this section shall not apply to lakes, streams, or other natural bodies of water, or to ditches, streams, reservoirs or other major bodies of water created or existing by authority of any government agency.

(Code 1986, § 10-1-20)

The use of land for the removal of topsoil, sand, gravel or other material from the land is not permitted in any district, except under a temporary certificate from the building inspector issued upon approval of the village board and on condition that such removal of soil will not be below the normal building grade as established from the nearest existing or proposed street, when such building grade has been established and approved by the village building inspector. A temporary certificate may be issued in appropriate cases upon the filing of any application accompanied by a suitable agreement or bond that such removal will not cause stagnant water to collect, or leave the surface of the land at the expiration of such permit in an unstable condition or unfit for the growing of turf or for other land uses permitted in the district in which such removal occurs. This regulation shall not prohibit the normal removal of soil for the construction of an approved building or structure when such plans have been approved by the building inspector and a building permit has been issued upon a contract let for the building development.

(Code 1986, § 10-1-21)

The use of land for the storage or collection or accumulation of used lumber, and other used materials or for the dumping, disposal or salvage of automobiles, scrap, iron, junk, garbage, rubbish or other refuse or of ashes, slag or other industrial wastes or byproducts shall not be permitted in any district, except as specifically permitted in other sections of this chapter. The dumping of dirt, sand, rock or other material excavated from the earth, is permitted in any district provided the surface of such material is graded within a reasonable time in a manner preventing the collection of stagnant water, and which leaves the ground surface in a condition suitable for the growing of turf or for other land uses permitted in the district.

(Code 1986, § 10-1-22)

No proposed plat of a new subdivision shall be approved by either the village board or the plan commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this chapter, and unless such plat fully conforms with state law and the ordinances of the village.

(Code 1986, § 10-1-24)

Essential services shall be permitted as authorized under any franchise or that may be regulated by state law or ordinance of the village, it being the intention hereof to exempt such essential services from application of this chapter.

(Code 1986, § 10-1-25)

No lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met.

(Code 1986, § 10-1-26)

In the case of a corner lot, the standards specified for front yard setback for that zoning district, shall apply to those sides of the lot which abut both streets forming the corner.

(Code 1986, § 10-1-27)

Every building erected, converted enlarged or structurally altered shall be located on a lot and in no case shall there be more than one main building or use on one lot except as provided in specific sections of this chapter.

(Code 1986, § 10-1-28)

Every part of the required area of a yard shall be open to the sky, unobstructed, except for accessory buildings and the ordinary projections of sills, cornices, and ornamental features. Fire escapes may project into a required yard area not more than five feet. Maximum building height standards specified in this chapter shall not apply to church spires or church belfries, or to water towers.

(Code 1986, § 10-1-29)

No provisions of this chapter shall be construed to bar an action to enjoin or abate the use or occupancy of any land, buildings or other structures as a nuisance under the appropriate laws of the state.

(Code 1986, § 10-1-30)

No land shall be used or structure erected where the land is held unsuitable for such use or structure by the village board by reason of flooding, concentrated run-off, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The village board, and the plan commission when making advisory recommendations to the village board, in applying the provisions of the section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the village board may affirm, modify, or withdraw its determination of unsuitability.

(Code 1986, § 10-1-31)

The following requirements shall apply to home occupation where permitted herein:

(1)

No persons other than members of the family residing on the premises shall be engaged in home occupations.

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the gross floor area of any one floor of the dwelling unit (including the basement or cellar) shall be used in the conduct of home occupation.

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of conduct of such home occupation that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling unit, except that a name plate, not more than three square feet in size, non-illuminated, may be permitted.

(4)

No home occupation shall be conducted in any accessory building or shall there be any exterior storage of any materials on the premises.

(5)

No traffic shall be generated by such home occupation in greater volumes that would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and not located in any required yard except as herein provided.

(6)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectible to normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interferences in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(7)

Home occupations shall include the use of the premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional persons for consultation or emergency treatment, but not for the general practice of his profession.

(Code 1986, § 10-1-32)