This chapter is adopted under the authority granted by Wis. Stats. §§ 61.35, 62.23(7), and 87.30, and amendments thereto.

(Ord. passed 1-18-2021)

   This chapter shall be known as, referred to, and cited as the “Zoning Code, Village of Turtle Lake, Wisconsin” and is hereinafter referred to as the “code” or “chapter.”

(Ord. passed 1-18-2021)

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

(Ord. passed 1-18-2021)

   The general intent and purposes in view of this chapter are to regulate and restrict the use of all structures, lands, and waters, and to:

   (a)   Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics, and general welfare of the people;

   (b)   Divide the village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration, and use of buildings, structures, and land for residence, business, and manufacturing, and other specified uses;

   (c)   Protect the character and the stability of the residential, business, manufacturing, and other districts within the village and to promote the orderly and beneficial development thereof;

   (d)   Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage;

   (e)   Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities, and other public requirements;

   (f)   Regulate parking, loading, and access so as to lessen congestion in, and promote the safety and efficiency of, streets and highways;

   (g)   Secure safety from fire, panic, flooding, pollution, contamination, and other dangers;

   (h)   Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the village;

   (i)   Preserve and protect the beauty of the village;

   (j)   To prohibit uses, buildings, or structures incompatible with the character of development or intended uses within specified zoning districts;

   (k)   To provide for the elimination of non-conforming uses of land, buildings, and structures which are adversely affecting the character and value of desirable development in each district;

   (l)   Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters;

   (m)   Further the maintenance of safe and healthful water conditions;

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

   (o)   Provide for and protect a variety of suitable commercial and industrial sites;

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

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

   (r)   Provide for the administration and enforcement of this chapter; and to provide penalties for the violation of this chapter; and

   (s)   Implement certain goals and objectives of the Village Comprehensive Plan, which are best addressed through zoning approaches, as enabled by state statutes.

(Ord. passed 1-18-2021)

   It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Ord. passed 1-18-2021)

   (a)   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted to promote the general purpose identified in § 13-1-3, and shall be liberally construed in favor of the village and shall not be construed to be a limitation or repeal of any other power granted to the village by the state statutes.

   (b)   Where property is affected by the regulations imposed by any provision of this chapter and by other governmental regulations, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. Regardless of any other provision of this chapter, no land shall be developed, and no structure erected or maintained, in violation of any state or federal regulations. Where there are conflicts between or among regulations within this chapter, the regulations that are more restrictive or which impose higher standards or requirements shall prevail. In all instances, where there are conflicts between the text of this chapter and any tables or figures of this chapter, the text shall prevail.

   (c)   Nothing herein contained shall require any changes in plans, construction, size, or designated use of any building or part thereof for which a building permit has been issued before the effective date of this chapter, and the construction of which shall have been started within one year from the date of such permit.

   (d)   Except as provided in this chapter, under provisions for non-conforming uses, non-conforming developments, substandard lots, and non-conforming structures and buildings (see Article F), no building, structure, development, or premises shall be hereinafter used or occupied, and no applicable permit granted, that does not conform to the requirements of this chapter.

   (e)   In cases of mixed occupancy or mixed-use buildings, the regulations for each land use shall apply to the portion of the structure or land so occupied and so used. In the case of buildings containing both residential and non-residential uses, the density, intensity, and standards for non-residential buildings shall apply.

(Ord. passed 1-18-2021)

   The provisions of this chapter are separable in accordance with the following.

   (a)   If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

   (b)   If any application of this chapter to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

   (c)   The village does not guarantee, warrant, or represent that only those areas designated as floodlands will be subject to periodic inundation, and hereby asserts that there is no liability on the part of the Village Board, its agencies or employees, for any flood damages, sanitation problems, or structural damages that may occur as a result of reliance upon and conformance with this chapter.

(Ord. passed 1-18-2021)

   (a)   All other ordinances or parts of ordinances of the village inconsistent or conflicting with this chapter, to the extent of the inconsistency or conflict only, are hereby repealed.

   (b)   This chapter shall become effective upon passage and publication according to law, following the date of repeal and recreation of the official zoning map. All plans approved under previous zoning regulations shall be valid and may be used to obtain permits for a period of not more than a year after the effective date of this chapter, except where subject to developer agreement provisions.

(Ord. passed 1-18-2021)

   The village has adopted as though fully set forth in this chapter that certain document entitled “Village of Turtle Lake 2020-2040 Comprehensive Plan” dated August 17, 2020, and as amended. A copy of the adopted plan is available in the office of the Village Clerk.

(Ord. passed 1-18-2021)

   (a)   Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water, and air within the corporate limits of the village.

   (b)   Compliance. No new structure, new use of land, water, or air, or change in the use of land, water, or air shall hereafter be permitted, and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit and without full compliance with the provisions of this chapter, and all other applicable village, county, and state regulations.

   (c)   District regulations to be complied with. Except as otherwise provided in this chapter, the use and height of buildings hereafter erected, converted, moved, enlarged, or structurally altered, and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.

   (d)   Yard reduction or joint use.

      (1)   No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use. Lots existing and of record prior to adoption of this chapter, but of substandard size, may be devoted to uses permitted in the district in which located.

      (2)   No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this code shall be included as a part of a yard or other open space required for another building.

   (e)   Nuisance actions. No provision of this chapter shall be construed to bar an action to enjoin or abate the use or occupancy of any land or structure as a nuisance under the appropriate laws of the state.

   (f)   Construction of utilities. No provision of this chapter shall be construed to prohibit the customary and necessary construction, reconstruction, or maintenance of above-ground or underground public utility neighborhood service lines and mechanical appurtenances thereto where reasonably necessary for the preservation of the public health, safety, convenience, and general welfare.

(Ord. passed 1-18-2021)

   Only the following uses and their essential services may be allowed in any district.

   (a)   Permitted uses. Permitted uses, being the principal uses, specified for a district.

   (b)   Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction. Any permanent, roofed structure serving as an accessory use, if attached to the principal building, shall be considered a part of the principal building. If such structure is a building and is not attached to the principal building, it shall conform to the setback and other dimensional requirements of the district within which it is located. Residential accessory uses shall not involve the conduct of any business, trade, or industry, with the exception of home occupations as allowed for under § 13-1-43.

   (c)   Conditional uses.

      (1)   Review, public hearing, approval. Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing, and approval by the Village Board in accordance with Article J of this chapter.

      (2)   Pre-existing conditional uses. Those existing uses which are classified as conditional uses for the district(s) in which they are located at the time of adoption of this code require no action by the Village Board for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.

   (d)   Uses not specified in code.

      (1)   Uses not specified in this chapter which are found by the Village Board to be sufficiently similar to specified permitted uses for a district shall be allowed by the Zoning Administrator.

      (2)   Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses for a district may be allowed by the Village Board after consideration and recommendation by the Plan Commission, public hearing, and approval in accordance with Article J of this chapter.

   (e)   Temporary uses. Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be allowed by the Village Board. The Board may impose conditions on such temporary uses, to the extent allowed for under Article J.

(Ord. passed 1-18-2021)

   (a)   Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 60 feet at the setback line; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located. No zoning permit shall be issued for a lot which abuts a non-public road or public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

   (b)   Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected, or moved onto a lot. The Village Board may permit as a conditional use more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Village Board, subject to the recommendation of the Plan Commission, may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.

   (c)   Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Village Board, upon the recommendation of the Plan Commission 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 this community. The Plan Commission, in applying the provisions of the section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he or she so desires. Thereafter, the Plan Commission may affirm, modify, or withdraw its determination of unsuitability when making its recommendation to the Village Board.

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

(Ord. passed 1-18-2021)

   (a)   Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modifications shall be in accord with the following.

      (1)   Architectural projections. Spires, belfries, parapet walls, cupolas, domes, flues, and chimneys are exempt from the height limitations of this chapter.

      (2)   Special structures. Radio and television receiving antennas are exempt from the height limitations of this chapter.

      (3)   Essential services. Utilities, water towers, electric power, and communication transmission lines are exempt from the height limitations of this chapter.

      (4)   Communications structures. Radio and television transmission and relay towers, aerials, and observation towers shall not exceed in height three times their distance from the nearest lot line.

      (5)   Agricultural structures. Barns, silos, and windmills shall not exceed in height twice their distance from the nearest lot line.

      (6)   Public or semi-public facilities. Schools, churches, hospitals, governmental offices, and stations may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district’s maximum height requirement.

   (b)   Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows.

      (1)   Uncovered stairs. Uncovered stairs, landings, and fire escapes may project up to six feet into any yard, but shall not be closer than three feet to any lot line.

      (2)   Architectural projections. Chimneys, flues, sills, window wells, eaves, belt courses, and ornaments may project into any required yard; but such projection shall not exceed two feet.

      (3)   Essential services. Essential service, utilities, electric power, and communication transmission lines are exempt from the yard and distance requirements of this chapter.

      (4)   Landscaping. Landscaping and vegetation are exempt from the yard requirements of this chapter.

      (5)   Additions. Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.

      (6)   Decks, porches, and handicapped ramps. For purposes of this chapter, decks and porches shall be considered a part of a building or structure for determining setback compliance (see § 13-1-40(1) for patios). Handicapped ramps shall not be considered a part of a building for determining setback compliance.

(Ord. passed 1-18-2021)

   (a)   All structures shall comply with the requirements listed for each zoning district in this chapter.

   (b)   All lots shall abut on a public street. Refer to additional standards for lots and blocks in Title 14, Subdivision Regulations.

   (c)   On lots fronting two nonintersecting streets, a front yard must be provided on both streets.

   (d)   On lots fronting three or more streets and/or on sharply curved streets, the determination of the yards and appropriate setbacks shall be made by the Zoning Administrator, or his or her designee.

(Ord. passed 1-18-2021)

   The purpose of this article is to establish the zoning districts for the village and the regulations for each district.

(Ord. passed 1-18-2021)

   (a)   Zoning districts. The following standard zoning districts are hereby established in the village.

      (1)   R-R Rural Residential District.

      (2)   R-L Low-Density Single-Family Residential District.

      (3)   R-M Medium-Density Single-Family Residential District.

      (4)   R-MF Multi-Family Residential District.

      (5)   MHTH Mobile Home, Tiny Home Neighborhood District.

      (6)   R-T Rural Transitional District.

      (7)   I-A Intensive Agriculture District.

      (8)   B-G General Business District.

      (9)   B-H Highway Business District.

      (10)   D-MU Downtown Mixed-Use District.

      (11)   B-P Business Park District.

      (12)   P-C Park and Conservancy District.

      (13)   PD Planned Development District.

   (b)   District boundaries.

      (1)   Zoning map and amendments. The boundaries of the aforesaid districts are hereby established as shown on the “Official Zoning Map, Village of Turtle Lake, Wisconsin,” dated January 18, 2021, as amended periodically, which is adopted by reference and made a part hereof. Such map, together with a copy of this chapter, shall be available for public inspection in the office of the Village Administrator, Clerk, and highest elected official, as appropriate. The map shall be certified by the Village President and attested by the Village Administrator, Clerk, and highest elected official, as appropriate. Any changes in zoning district boundaries shall be recorded on the map. No change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map. Changes to the zoning map (zoning map amendments) shall further or not contradict the objectives, goals, and policies contained in the Village Comprehensive Plan.

      (2)   Boundary lines. The district boundaries are either streets or alleys, unless otherwise shown, and where the designation on the district map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

         a.   Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines and where the designations on the district map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.

         b.   In subdivided property, the district boundary lines shown on the district map shall be determined by use of the scale shown on such map.

      (3)   Vacation. Vacation of public streets and alleys pursuant to Wis. Stats. § 840.11, shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(Ord. passed 1-18-2021)

   This District is intended to allow for a low density semi-rural lifestyle area where topographic features or the natural environment make the land less suitable for row crop production or more intense development. Development in this District is often integrated and appropriately incorporated into natural or wooded areas, which often makes the most suitable use of land for single-family homes on large lots. These areas are designed to be served by private water and sanitary sewer systems on a permanent basis with no central sewers planned for this area.

   (a)   Permitted uses.

      (1)   A single-family dwelling and its accessory structure(s) or use(s).

      (2)   A licensed residential facility serving six or fewer persons.

      (3)   A licensed daycare facility serving 12 or fewer persons.

      (4)   Public parks and open space.

      (5)   Forest and wildlife management areas.

      (6)   Public utility infrastructure and offices.

      (7)   Community living arrangement with capacity to accommodate eight or fewer persons being served by the program, provided meets the requirements of Wis. Stats. § 60.63.

      (8)   Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per Article I.

   (b)   Permitted uses in unplatted areas.

      (1)   Single-family, detached, non-farm dwellings are permitted uses in unplatted areas, subject to the following standards:

         a.   No more than four dwelling units per 40 acres shall be allowed;

         b.   A minimum frontage of 200 feet on a public road for each parcel;

         c.   A maximum of one access per residential lot on a public road;

         d.   1.   For lots recorded as of October 16, 2000, the following additional lots may be created.

 

 

            2.   The foregoing shall not apply to a single parcel of not less than 20 acres and having a width of not less than 500 feet, and its conveyance does not result in the division of a parcel into two or more lots or parcels, any one of which is less than 20 acres in area of 500 feet in width.

         e.   Density transfers for parcels larger than 40 acres shall be permitted where the entire parcel has frontage on an existing public road.

      (2)   Solar energy systems and solar structures.

      (3)   Temporary roadside stand not to exceed one per farm.

      (4)   A group of not more than five unrelated persons maintaining a common household and using common cookies and kitchen facilities.

   (c)   Conditional uses.

      (1)   Licensed residential facilities serving seven through 16 persons.

      (2)   Accessory structures other than those listed as permitted.

      (3)   Churches.

      (4)   Cemeteries.

      (5)   Schools.

      (6)   Government and community buildings.

      (7)   Community living arrangement with capacity to accommodate nine or more persons being served by the program, provided meets the requirements of Wis. Stats. § 60.63.

      (8)   Siting and construction of any new mobile support structure and/or facility, or Class 1 collocation of a new mobile service facility on an existing support structure, per Article I.

      (9)   For dog kennels, refer to the village kennel licensing regulations in § 7-1-3.

      (10)   Agricultural uses.

   (d)   Lot requirements.

      (1)   Minimum area. One and one-half acres exclusive of water bodies and wetlands.

      (2)   Maximum height. Three stories, not including basement.

      (3)   Minimum building width. Twenty feet.

      (4)   Minimum lot width.

         a.   Unplatted. Two hundred feet.

         b.   Platted. One hundred sixty feet.

         c.   Cul-de-sacs. Eight feet at setback line.

      (5)   Minimum lot depth. Two hundred feet; provided, however, that the depth of any lot in a minor subdivision shall not exceed three times the lot’s width.

      (6)   Yards.

         a.   Street. Fifty feet minimum.

         b.   Side. Twenty-five feet minimum. Minimum side yard for garage/carport is 20 feet.

         c.   Rear: Fifty feet minimum.

      (7)   Maximum building coverage. Thirty-five percent.

      (8)   Minimum building square footage. Minimum 1,200 finished square feet per home.

(Ord. passed 1-18-2021)

   This District is intended to preserve and enhance areas for single-family detached dwellings. The land use standards for this District permit primarily single-family detached residential development at an approximate density of up to three dwelling units per acre. Development within this District is primarily served by public sanitary sewer and water services.

   (a)   Permitted uses.

      (1)   A single-family dwelling and its accessory structure(s) or use(s).

      (2)   Community living arrangement with capacity to accommodate eight or fewer persons being served by the program, provided it meets the requirements of Wis. Stats. § 60.63.

      (3)   Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per Article I.

   (b)   Conditional uses.

      (1)   Public parks and open spaces.

      (2)   Schools.

      (3)   Cemeteries.

      (4)   Government and community buildings.

      (5)   Public utility infrastructure and offices.

      (6)   Golf courses.

      (7)   Churches.

      (8)   Agricultural uses.

      (9)   Residential lot serviced by private water and sanitary. (Note: this applies only to lots established and zoned under this District as of January 18, 2021.)

      (10)   Licenses daycare facility (12 or fewer individuals).

      (11)   Community living arrangement with capacity to accommodate nine or more individuals, in accordance with Wis. Stats. § 60.63.

      (12)   Siting and construction of any new mobile support structure and/or facility or Class 1 collocation of a new mobile service facility on an existing support structure, per Article I.

   (c)   Lot requirements.

      (1)   Lot size.

         a.   Minimum area. Twelve thousand square feet minimum.

         b.   Minimum width. Ninety feet minimum.

      (2)   Building height. Thirty feet maximum.

      (3)   Yards.

         a.   Street. Thirty feet minimum.

         b.   Rear. Thirty feet minimum.

         c.   Side. Ten feet minimum.

(Ord. passed 1-18-2021)

   This District is intended to create, preserve, and enhance areas for smaller lot residential neighborhoods at an approximate density of five dwelling units per acre. Neighborhoods in this District are typically dominated by single-family residential dwelling structures, though it may accommodate other residential dwelling structure types in infill situations, provided they fit the neighborhood context and character. Development within this District is served by public sanitary sewer and water services.

   (a)   Permitted uses.

      (1)   A single-family dwelling and its accessory structure(s) or use(s).

      (2)   Two-family residential structure(s).

      (3)   Community living arrangement with capacity to accommodate eight or fewer persons being served by the program, provided it meets the requirements of Wis. Stats. § 60.63.

      (4)   Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per Article I.

   (b)   Conditional uses.

      (1)   Those conditional uses prescribed for the R-L District.

      (2)   Up to four residential dwellings in one residential structure may be allowed, provided the form of the residential structure complies with the character of the surrounding neighborhood.

      (3)   Siting and construction of any new mobile support structure and/or facility or Class 1 collocation of a new mobile service facility on an existing support structure, per Article I.

   (c)   Lot requirements.

      (1)   Lot size.

         a.   Minimum area. Thirty-five feet minimum.

         b.   Minimum width. Seventy feet minimum.

      (2)   Building height. Thirty-five feet maximum.

      (3)   Yards.

         a.   Street. Twenty feet minimum.

         b.   Rear. Twenty feet minimum.

         c.   Side. Eight feet minimum.

(Ord. passed 1-18-2021)

   This District is intended to create, preserve, and enhance areas for multi-family uses in residential structures such as townhomes, multiplexes, or garden style homes. Group homes, such as community based residential facilities (CBRF), nursing homes, and assisted living, may also be most compatible within this District. Development within this District is served by public sanitary sewer and water services.

   (a)   Permitted uses.

      (1)   A single-family residential dwelling and its accessory structure(s) or uses(s).

      (2)   A multi-family dwelling unit structure containing up to and including eight units.

      (3)   Community living arrangement with capacity to accommodate 15 or fewer persons being served by the program, provided it meets the requirements of Wis. Stats. § 60.63.

      (4)   Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per Article I.

   (b)   Conditional uses.

      (1)   Public parks and open spaces.

      (2)   Schools.

      (3)   Medical and dental clinics.

      (4)   Cemeteries.

      (5)   Nursing homes.

      (6)   Government and community buildings.

      (7)   Public utility infrastructure and offices.

      (8)   Golf courses.

      (9)   Churches.

      (10)   Agricultural uses.

      (11)   Two-family residential structures.

      (12)   A multi-family dwelling unit structure containing more than eight units.

      (13)   Residential occupancy of zero-lot line attached dwelling units of zero-lot line subject to:

         a.   A maintenance agreement shall be entered into by the owners of all zero-lot line parcels to ensure equal and reasonable maintenance and repair schedules are conducted for all attached residential units;

         b.   An eight-foot maintenance easement, four-feet on each side of the zero-lot line side property line, to allow for normal maintenance of each single-family attached residential unit, shall be recorded with the Register of Deeds office and a recorded copy provided to the Zoning Administrator, Clerk, and highest elected official, as appropriate;

         c.   The dwelling wall abutting the zero-lot line shall be a one-hour fire wall; and

         d.   Shall be served by municipal water and sewer.

      (14)   Community living arrangement with capacity to accommodate 16 or more persons being served by the program, provided it meets the requirements of Wis. Stats. § 60.63.

      (15)   Siting and construction of any new mobile support structure and/or facility or Class 1 collocation of a new mobile service facility on an existing support structure, per Article I.

   (c)   Lot requirements.

      (1)   Lot size.

         a.   Width. Eighty feet minimum.

         b.   Area. Nine thousand six hundred square feet.

      (2)   Building height. Maximum 45 feet or four stories, whichever is the least.

      (3)   Yards.

         a.   Street. Twenty feet minimum.

         b.   Rear. Twenty feet minimum.

         c.   Side. Six feet minimum.

   (d)   Other requirements.

      (1)   The recreation space ratio, defined as the minimum square footage of recreation space required for each square foot of floor area, is not less than 0.16.

      (2)   The floor area ratio, defined as the maximum square footage, of total floor area permitted for each foot of land area, is not more than 0.32.

      (3)   The open space ratio, defined as the maximum square footage of open space required for each square foot of floor area, is not less than two.

      (4)   The living space ratio defined as the minimum square footage of non-vehicular outdoor spaced required for each square foot of floor area, is not less than 1.2.

   (e)   Zero-lot line lots having single-family attached dwelling structures.

      (1)   Minimum lot area. Five thousand square feet.

      (2)   Minimum lot width. Forty feet.

      (3)   Minimum street yard setback. Twenty feet.

      (4)   Minimum zero-lot line side yard (shared) setback. Zero feet. A two-foot eave protrusion shall be permitted across the zero-lot line into the adjoining lot.

      (5)   Other. Remaining standards shall be the same as described in this section.

(Ord. passed 1-18-2021)

   (a)   Applicability. This section applies to residential districts of R-R, R-L, R-M, and R-MF.

   (b)   Bed and breakfast establishment.

      (1)   As conditional use. Bed and breakfast establishments shall be considered conditional uses and may be allowed in any residential district.

      (2)   State standards. Bed and breakfast establishments shall comply with the standards of Wis. Admin. Code, Chapter SPS 320.

   (c)   Accessory dwelling unit.

      (1)   As conditional use. An accessory dwelling unit shall be considered a conditional use and may be permitted in the residential districts pursuant to this article and subject to the following standards of this section.

      (2)   Not more than one accessory dwelling unit shall be permitted on a lot.

      (3)   Accessory dwelling units shall be allowed only on a lot having at least 8,000 square feet.

      (4)   Accessory dwelling units shall not exceed 800 square feet in floor area and shall have a minimum floor area of 250 square feet.

      (5)   The property owner of record must reside in either the primary dwelling unit or the accessory dwelling unit as their permanent and legal address. A restrictive agreement shall be recorded to this effect.

      (6)   In addition to off-street parking spaces requirements for the primary dwelling unit, a minimum of one off-street parking space of an efficiency or one-bedroom accessory dwelling unit, or a minimum of two off-street parking spaces for a two or more bedroom accessory dwelling unit, shall be provided.

      (7)   The accessory dwelling unit shall not be conveyed or separated in ownership from the primary dwelling unit.

      (8)   The accessory dwelling unit shall comply with all pertinent building codes.

      (9)   An accessory dwelling unit may be attached to or detached from the single-family residence.

      (10)   Attached accessory dwelling units shall comply with the following.

         a.   The accessory dwelling unit shall be clearly incidental to the principal dwelling unit and the building’s exterior shall appear to be single-family.

         b.   Only one entrance may be located on the facade of the dwelling facing the street, unless the dwelling contained additional entrances before the accessory dwelling unit was created. An exception to this regulation are entrances that do not have access from the ground such as entrances from balconies or decks.

         c.   Fire escapes or exterior stairs for access to an upper level accessory dwelling shall not be located on the front of the primary dwelling unit.

      (11)   Detached accessory dwelling units shall comply with the following.

         a.   The accessory dwelling unit shall be subject to the requirements of § 13-1-40, “Accessory uses or structures.”

         b.   The accessory dwelling unit shall comply with all building code regulations relating to dwellings.

   (d)   Group homes.

      (1)   As conditional use. Group homes shall be considered conditional uses and may be allowed in any residential district.

      (2)   Group homes that fall within the meaning of community living arrangements are as defined in Wis. Stats. § 62.23(7)(l), or subsequent relevant changes and that are identified as conditional uses in particular districts of this chapter shall be governed in conditional use review by standards of Wis. Stats. § 62.23(7)(l)9, and the process of Wis. Stats. § 62.23(7)(l), shall apply.

(Ord. passed 1-18-2021)

   This District is intended to create, preserve, and enhance areas exclusively designed for mobile home and tiny home developments.

   (a)   Minimum dimensional requirements; minimum number of lots or spaces.

      (1)   Where an MHTH District is to be established for the development of a mobile home or tiny home neighborhood, the minimum area shall be ten acres.

      (2)   The minimum number of lots or spaces completed and ready for occupancy before first occupancy is permitted shall be established as 50% of total units permitted on the zoned site.

      (3)   These limitations shall not apply where expansion of an existing mobile home park or neighborhood is concerned and where such expansion will not increase variation from requirements applying to mobile home neighborhoods, as set forth herein.

   (b)   Permitted and permissible uses and structures.

      (1)   Single-family detached mobile homes (residential mobile home) or tiny home. In mobile or tiny home neighborhoods, recreational vehicles shall not be occupied as living quarters and sales lots shall not be permitted, but dwellings may be sold on lots or spaces they occupy in residential use.

      (2)   Permitted accessory uses and structures. Uses and structures that are customarily accessory and clearly incidental to permitted principal uses and structures shall be permitted, except for those requiring specific approval as provided below.

      (3)   Rental. No mobile home or tiny home site shall be rented for a period of less than 30 days.

   (c)   Standard requirements for mobile home or tiny home neighborhoods, additions, or extensions. All mobile home and tiny home neighborhoods and modifications of or additions or extensions to existing neighborhoods within an MTH District shall comply with the following:

      (1)   Wis. Admin. Code, Chapters SPS 321, PSC 184 are hereby made a part of this section and incorporated herein by reference as if fully set forth; except that such regulations shall not be deemed to modify any requirement of this section or any other applicable law or ordinance of the state or village which is more restrictive.

      (2)   Mobile home or tiny home neighborhoods shall contain a minimum of ten acres of land. Additions to or extensions of mobile home parks shall contain a minimum of one acre of land.

      (3)   Individual lots or spaces shall be not less than 5,000 square feet in area and arranged to afford ample area for a variety of units, a setback of 50 feet from all public rights-of-way and 25 feet from any park drive or common area, including common parking areas, 40 feet from all park boundary lines, and 20 feet from any other unit, building, or structure. Street frontage for individual mobile home lots shall not be less than 50 feet. Accessory structures, such as awnings, storage cabinets, carports, windbreaks or attached porches, shall be considered part of the unit for purposes of determining compliance with this section.

      (4)   No mobile home or tiny home neighborhood shall be laid out, constructed, or operated without village water supply and sanitary sewer service. All water or sanitary sewerage facilities in any unit not connected shall be sealed, and their use is hereby declared unlawful.

      (5)   Individual valved water service connections shall be provided for direct use of each unit, so constructed and installed that they will not be damaged by frost or parking of the unit. Water systems shall be adequate to provide a pure, potable water supply of six gallons per minute at a minimum pressure of 20 psi, and capable of furnishing a minimum of 150 gallons per unit per day. Fire hydrants shall be installed within 500 feet of every mobile home stand and park building.

      (6)   All liquid wastes originating at units, service, or other buildings shall be discharged into a sewerage system extended from and connected with the public sewerage system. Such system shall comply with all provisions of the state code and village ordinances relating to plumbing and sanitation. Each individual space shall be provided with a three-inch watertight sewer connection protected from damage by heaving and thawing or parking of the unit, and located within the rear one-third of the stand, with a continuous grade, which is not subject to surface drainage, so constructed that it can be closed when not in use and trapped in such a manner that it can be kept odor free.

      (7)   Adequate provision shall be made for the disposal of solid and liquid wastes in a manner approved by the Health Officer or Fire Chief. Open burning of waste or refuse is prohibited.

      (8)   All television antenna systems; electrical and telephone distribution lines and oil or gas piping serving the neighborhood or spaces therein shall be installed underground. Distribution systems shall be new, and all parts and installations shall comply with all applicable federal, state, and local codes. Each space shall be provided with a weatherproof electrical overcurrent protection device, disconnect means, and branch service of not less than 60 amperes for 220 volt service located adjacent to the water and sewerage outlets. Receptacles shall be on the one-pole-four-wire grounding type and have a four-prong attachment for 110 to 220 volts.

      (9)   A minimum of two off-street parking spaces surfaced with bituminous concrete or similar material capable of carrying a wheel load of 1,000 pounds shall be provided for each mobile home space.

      (10)   Condition of soil, ground, water level, drainage, and topography shall not create hazards to the property, health, or safety of occupants of mobile or tiny home spaces or living units. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences. No portion of the neighborhood which is subject to unpredictable and or sudden flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property within or without the park to hazards.

      (11)   Exposed ground surfaces in all parts of every mobile home or tiny home neighborhood shall be paved or covered with stone screenings or other solid materials or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.

      (12)   The ground surface in all parts of every mobile home or tiny home neighborhood shall be graded and equipped to drain all surface water in a safe, sanitary, and efficient manner.

      (13)   All mobile or tiny home neighborhoods shall be furnished with lighting so spaced and equipped with luminaires placed at such heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night.

         a.   All parts of the park street systems: 0.6 foot-candles with a minimum of 0.1 foot-candles.

         b.   Potentially hazardous locations, such as major park street intersections and steps or stepped ramps, individually illuminated with a minimum of 0.6 foot-candles.

      (14)   All mobile home or tiny home spaces shall abut upon a street. Widths of streets shall be in accordance with the village’s subdivision and platting code. All streets shall be provided with a smooth, hard, and dense surface which shall be well drained under normal use and weather conditions for the area. Pavement edges shall be curbed or protected to prevent raveling of the wearing surface and shifting of the pavement base. Grades of streets shall be sufficient to ensure adequate surface drainage but not more than 8%, provided a maximum grade of 12% may be used if approved by the village as safe and designed to avoid traffic hazards. Streets shall be at approximately right angles within 100 feet of an intersection. Intersections of more than two streets at one point shall not be allowed. A distance of at least 150 feet shall be maintained between centerlines of offset intersecting streets.

      (15)   In all mobile home or tiny home neighborhoods there shall be one or more recreation areas easily accessible to all neighborhood residents. Such areas shall include a total minimum of one lot per 30 spaces. If a park has less than 30 spaces, one recreation area must be provided. No single recreational area shall contain less than 5,000 square feet unless each mobile home site is provided with contiguous common recreational area not less than 20 feet wide at the narrowest dimension. Recreation areas shall be so located as to be free of traffic hazards and convenient to mobile home or tiny home spaces which they serve.

      (16)   Single-family nondependent mobile homes or tiny homes and approved accessory structures included in the original plans and specifications or revisions thereof, parks, playgrounds, open space, off-street parking lots, one park office and service buildings for exclusive use of park residents shall be the only permitted uses in mobile home parks, provided the Village Board may approve the following uses when designed and limited to exclusive use of neighborhood residents.

         a.   Laundromats.

         b.   Clubhouses and facilities for private social or recreation clubs.

         c.   Swimming pools.

      (17)   No signs shall be erected in mobile home or tiny home neighborhoods except signs pertaining to the lease, hire, or sale of individual mobile homes or tiny homes not more than two square feet in area and one mobile home or tiny home neighborhood identification sign not more than 50 square feet in area at each park entrance.

      (18)   All mobile home or tiny home neighborhoods shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home space. Entrances to neighborhoods shall be designed to minimize congestion and traffic hazards, and allow free movement of traffic on adjacent streets. The standards and requirements for mobile home or tiny home neighborhood design, layout, and development contained in this section are intended to be minimum standards necessary to create a safe, sanitary, healthful, and agreeable environment in neighborhoods designed for mobile home, tiny homes, and the village. The express enumeration of such standards shall not preclude the governing body by resolution or bylaw, or express written agreement, with the mobile home or tiny home neighborhood owner or developer from imposing additional requirements or modifying the requirements set forth in this section whenever it shall determine that such modifications or additions are more likely to achieve the purposes of this section than those set forth herein, and will not conflict with applicable laws of the state or county.

   (d)   Annual mobile home or tiny home neighborhood operation license.

      (1)   No person shall operate, administer, or maintain a mobile home or tiny home neighborhood within the village without a valid/unexpired license issued by the Village Administrator, Clerk, and highest elected official, as appropriate, and approved by the Village Board upon determination that the standards in this section have been met and payment of the required fee.

      (2)   Mobile home or tiny home neighborhood licenses shall be issued for a calendar year and shall expire on December 31 next succeeding date of issue. Licenses may be issued after January 1 of any year, but not rebate or diminution of the fee shall be allowed therefor.

      (3)   The fee for a mobile home or tiny home neighborhood license shall be as established in the village’s annual fee schedule. Licenses may be transferred during a license year upon payment of a fee as established in the village’s annual fee schedule.

      (4)   Licenses granted under this section shall be subject to revocation or suspension by the governing body for cause in accordance with Wis. Stats. § 66.0453(2)(d). CAUSE, as used in this subsection (d), shall include, but not be limited to:

         a.   Failure or neglect to abide by the requirements of this section or the laws or regulations of the state relating to mobile home parks and their operation;

         b.   Conviction of any offense under the laws of the state or ordinances of the village relating to fraudulent or misleading advertising or deceptive practices regarding the sale or renting of mobile homes or tiny homes, or the leasing or rental of mobile home of tiny home spaces or sale/lease or operation of neighborhood facilities;

         c.   Operation or maintenance of the mobile home or tiny home neighborhood in a manner inimical to the health/safety or welfare of park occupants or the inhabitants of the village; including, but not limited to, repeated violations of laws or ordinances relating to health, sanitation, refuse disposal, fire hazards, morals, or nuisances; and/or

         d.   Transfer or sale of an ownership interest in any mobile home or tiny home space or the underlying land other than to another eligible licensee. Such action shall also subject the owner of the underlying land to all requirements of the state and municipal subdivision control laws and regulations regardless of the size or number of lots or spaces so transferred or sold.

      (5)   Except as provided in subsection (f) below, no mobile home or tiny home neighborhood license shall be granted for any premises or to any person not meeting the following standards and requirements:

         a.   All standards and requirements set forth in this section, except as specifically waived or modified in writing by the Village Board and endorsed on the mobile home or tiny home neighborhood developer’s permit. This requirement includes a valid certificate form the State Department of Health and Social Services that the neighborhood complies with the provisions of Wis. Admin. Code, Chapter SPS 321, applicable thereto.

         b.   Mobile home or tiny home neighborhoods shall be used only for the parking and occupancy of single-family, nondependent mobile homes or tiny homes and accessory structures, and appurtenances and uses authorized and approved under § 13-l-27(c)(16).

         c.   Applicants shall file with the approving officer certificates of the Building Inspector and Health Officer certifying that all equipment, roads, sanitary facilities, water facilities, and other equipment and facilities have been constructed or installed in the park as required by this section and are in required operating condition at the time of said application.

         d.   Location and operation of the neighborhood shall comply with all zoning and land use ordinances of the state and village, and no permit shall be issued until the proposed use has been certified by the Building Inspector as complying with such ordinances.

      (6)   Each applicant for an original or renewed license shall file with the Village Administrator, Clerk, and highest elected official, as appropriate, a bond, as specified in the village’s annual fee schedule, for each 50 mobile home spaces or fraction thereof guaranteeing the collection by the licensee of the monthly parking permit fees as provided in Title 7, Chapter 5 and the compliance of the licensee and the neighborhood management with the provisions of this code of ordinances. Such bond shall also be for the use and benefit and may be prosecuted and recovery had thereon by any person who may be injured or damaged by reason of the licensee violating any provision of this section.

   (e)   Operation of mobile home or tiny home neighborhoods; responsibility of neighborhood management.

      (1)   For every mobile home or tiny home neighborhood there shall be located an office of the attendant or person in charge of said neighborhood. A copy of the license and of this section shall be posted therein, and the neighborhood register shall at all times be kept in said office. Said office shall be located within the village.

      (2)   The attendant or person in charge and the neighborhood licensee shall operate the neighborhood in compliance with this section and regulations and ordinances of the village and state and their agents or officers, and shall have the following duties.

         a.   Maintain a register of all neighborhood occupants, to be open at all times to inspection by state, federal, and village officers, which shall show:

            1.   Names and addresses of all owners and occupants of each mobile home or tiny home;

            2.   Number of children of school age;

            3.   State of legal residence;

            4.   Date of entrance and departure of each mobile home or tiny home; and

            5.   Make, model, year, and serial number of license number of each mobile home or tiny home, and towing or other motor vehicles and state, territory, or country issuing such licenses.

         b.   Notify neighborhood occupants of the provisions of this section and inform them of their duties and responsibilities, and report promptly to the proper authorities any violations of this section or any other violations of law which may come to their attention.

         c.   Notify the Health Officer immediately of any suspected communicable or contagious disease within the neighborhood.

         d.   Supervise the placement of each mobile home on its stand which includes securing its stability and installing all utility connections and tiedowns, and the placement of any tiny home in accordance with building code requirements.

         e.   Maintain neighborhood grounds, buildings, and structures free of insect and rodent harborage and infestation, and accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests.

         f.   Maintain the neighborhood free from growth of noxious weeds.

         g.   Maintain the neighborhood free of litter, rubbish, and other flammable materials, provide portable fire extinguishers of a type approved by the Fire Chief in all locations designated by the Chief and maintain such extinguishers in good operating condition, and cause every area within the neighborhood designated as a fire lane by the Fire Chief to be kept free and clear of obstructions.

         h.   Provide every mobile home and tiny home unit with a substantial flytight, watertight, rodentproof container for the deposit of garbage and refuse. The management shall provide stands for all refuse and garbage containers so designed as to prevent tipping, and minimize spillage and container deterioration, and facilitate cleaning.

         i.   Provide for the sanitary and safe removal and disposal of all refuse and garbage at least weekly. Removal and disposal of garbage and refuse shall be in accordance with the laws of the state and the ordinances and regulations of the village, including regulations promulgated by the Health Officer and the Fire Chief.

         j.   Collect the monthly parking permit fee and cash deposits for each occupied non-exempt mobile home or tiny home within the neighborhood, and remit such fees and deposits to the Village Administrator, Clerk, and highest elected official, as appropriate. Neighborhood operators are responsible to assure for the collection and payment to the Village Treasurer real estate taxes which are levied upon the neighborhood, mobile homes, and tiny homes within the neighborhood.

         k.   Allow inspections of neighborhood premises and facilities at reasonable times by municipal officials or their agents or employees.

   (f)   Responsibilities and duties of mobile home or tiny home neighborhood occupants.

      (1)   Neighborhood occupants shall comply with all applicable requirements of this section and regulations issued hereunder, and shall maintain their mobile home or tiny home space, its facilities, and equipment in good repair, and in a clean and sanitary condition.

      (2)   Neighborhood occupants shall be responsible for proper placement of their mobile homes on the mobile home stand, tiny homes constructed in accordance with building regulations, and proper installation of all utility connections in accordance with the instruction of the park management.

      (3)   No owner or person in charge of a dog, cat, or other pet or animal shall permit it to run at large or to cause any nuisance within the limits of any neighborhood.

      (4)   Each owner or occupant of a non-exempt mobile home or tiny home within a neighborhood shall remit to the license or authorized neighborhood management the cash deposit and monthly parking permit fee.

      (5)   It shall be the duty of every occupant of a neighborhood to give the park licensee or management, or his or her agent or employee, access to any part of such neighborhood or mobile home or tiny home premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this section, or any law or ordinance of the state or village or lawful regulation or order adopted thereunder.

      (6)   Mobile homes shall be parked only on the mobile home stands provided, and shall be placed thereon in accordance with all requirements of this section.

      (7)   No mobile home or tiny home owner or occupant shall conduct in any unit or any mobile home or tiny home neighborhood any business or engage in any other activity which would not be permitted in single-family residential districts in the village.

      (8)   No person shall discharge any wastewater on the surface of the ground within any mobile home or tiny home neighborhood.

      (9)   No person shall erect or place upon any mobile home or tiny home space any permanent or temporary structure intended to be used for dwelling purposes or in connection with any mobile home unit except as specifically authorized by this section.

   (g)   Mobile home or tiny home neighborhood developer’s permit.

      (1)   Requirement. No person shall construct, alter, modify, or extend any mobile home or tiny home neighborhood, or mobile home or tiny home neighborhood building or facility, within the limits of the village without first having the property rezoned to the MHTH classification and securing a mobile home or tiny home neighborhood developer’s permit from the village. Such permits shall be issued by the Administrator upon approval by the Village Board.

      (2)   Applications. Applications for mobile home or tiny home neighborhood developers’ permits shall be filed with the Village Administrator, Clerk, and highest elected official, as appropriate, with sufficient copies for the Building Inspector, members of the Plan Commission, and Fire Chief who shall investigate and review said application to determine whether the applicant, the premises on which said park will be located and the proposed design and specifications thereof and all buildings proposed to be constructed thereon will comply with the applicable regulations, ordinances, and laws of the state and village, and report their findings in writing to the Village Board within 60 days. Such reports shall be considered by the Village Board before any permit is issued hereunder. Failure of any one of the above to report within the allotted time shall be deemed a unfavorable recommendation.

      (3)   Fees. Applications for mobile home or tiny home neighborhood developers’ permits shall be accompanied by a fee as set forth in the village’s annual fee schedule to cover the cost of investigation and processing, plus regular building permit fees for all buildings or structures to be erected within the proposed neighborhood.

      (4)   Information. Applications shall be made on forms furnished by the Administrator and shall include the following information:

         a.   Name and address of the applicant;

         b.   Location and legal description of the proposed neighborhood, addition, modification, or extension;

         c.   A complete plot plan showing compliance with all applicable provisions of this section and the Village Building Code, and zoning and subdivision ordinances;

         d.   Complete preliminary engineering plans and specifications, including a scale drawing of the proposed neighborhood showing, but not limited to:

            1.   Plans and specifications of all utilities, including:

               i.   Sewerage collection and disposal;

               ii.   Stormwater drainage;

               iii.   Water and electrical distribution and supply;

               iv.   Refuse storage and collection;

               v.   Lighting; and

               vi.   Telephone and television antenna systems.

            2.   Location and width of roadways and walkways, buffer strips, recreational, and other common areas;

            3.   The location of mobile home stands with the mobile home spaces, including a detailed sketch of at least one typical mobile home space and stand therein. The location of all tiny homes, including a detailed sketch of at least one typical tiny home space;

            4.   Landscape plan showing all plantings; and

            5.   Plans and specifications of all buildings and structures within the proposed neighborhood.

         e.   Interest of applicant in proposed mobile home or tiny home neighborhood, or extension thereof. If the owner of the tract is a person other than applicant, a duly verified statement shall be provided by the owner that the applicant is authorized by him or her to construct and maintain the proposed neighborhood, addition, modification, or extension, and make the application; and

         f.   Written statements describing proposed neighborhood operations, management, and maintenance, including proposed fees and charges, and other requirements, to be imposed on neighborhood occupants by the neighborhood operator.

      (5)   Final plans. Final engineering plans and specifications complying with the provisions of this section, and any modifications or conditions imposed by the governing body shall be submitted to the Administrator and checked by the proper village officials for compliance before the license is issued.

      (6)   Rezoning procedures. The procedures for creating an MHTH District shall be as prescribed in Article J, § 13-1-124.

      (7)   Assignment of permits. No mobile home or tiny home neighborhood developer’s permit, once issued, shall be assignable without the written consent of the Village Board.

   (h)   Additional regulations on mobile homes, tiny homes, and associated neighborhoods.

      (1)   a.   Wrecked, damaged, or dilapidated mobile homes or tiny homes shall not be kept or stored in a mobile home or tiny home neighborhood, or upon any premises in the village. The Health Officer or Building Inspector shall determine if a mobile home or tiny home is damaged or dilapidated to a point which makes it unfit for human occupancy. Such mobile homes or tiny homes are hereby declared to be a public nuisance.

         b.   Whenever the appropriate officer so determines, he or she shall notify the licensee or landowner and owner of the mobile home or tiny home in writing that such public nuisance exists within the neighborhood, or on lands owned by him or her, giving the findings upon which his determination is listed, and shall order such home removed from the neighborhood or site or repaired to a safe, sanitary, and wholesome condition of occupancy within a reasonable time, but not less than 30 days.

      (2)   The Health Officer, Building Inspector, Fire Chief, Village Engineer, Village Board, or their lawful agents or employees are authorized and directed to inspect mobile home or tiny home neighborhoods not less than once in every 12-month period to determine the health, safety, and welfare of the occupants of the neighborhood and inhabitants of the village as affected thereby, and the compliance of structures and activities therein with this section and all other applicable laws of the state and ordinances of the village.

      (3)   Fires in mobile home or tiny home neighborhoods shall be made only in stoves and other cooking or heating equipment intended for such purposes. Outside burning is prohibited except by permit and subject to requirements or restrictions of the Fire Chief.

      (4)   All plumbing, building, electrical, oil, or gas distribution, alterations, or repairs in the neighborhood shall be in accordance with the regulations of applicable laws, ordinances, and regulations of the state and municipalities and their authorized agents.

(Ord. passed 1-18-2021)

   This District is intended to allow for limited low density residential (not multi-lot or subdivision development), general agricultural and forestry, and related on-site processing, storage, and rural business uses that are appropriate for certain larger parcels. This District accommodates AG-tourism related uses. Development within this District is served by private water and sanitary sewer services.

   (a)   Permitted uses.

      (1)   A single-family dwelling and its accessory structure(s) or use(s).

      (2)   Public parks and open spaces.

      (3)   Agriculture or general farming, including dairying livestock and poultry raising, nurseries, greenhouses, and other similar enterprises or uses, except fur farms and farms operated for the disposal or reduction of garbage, sewage, and rubbish (this includes new or existing livestock operations which will house fewer than 500 animal units).

      (4)   Cemeteries.

      (5)   Public utility infrastructure and offices.

      (6)   Quarries.

      (7)   Churches.

      (8)   Taverns.

      (9)   Fairgrounds.

      (10)   Shooting clubs and preserves.

      (11)   Campgrounds.

      (12)   Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per Article I.

   (b)   Conditional uses. Siting and construction of any new mobile support structure and/or facility or Class 1 collocation of a new mobile service facility on an existing support structure, per Article I.

   (c)   Lot requirements.

      (1)   Lot size.

         a.   Width. Two hundred seventy feet minimum.

         b.   Area. Two acres minimum.

      (2)   Building height. Thirty-five feet maximum except for barns, silos, and other buildings and structures which are customarily higher and accessory uses to farming.

      (3)   Yards. In no case shall any structure be closer than 40 feet from any lot line; nor any dump, disposal area, incinerator, or principal structures or buildings for mink farms, or farm feeding or using offal or garbage be less than 500 feet from any lot line.

         a.   Street. Fifty feet minimum.

         b.   Rear. Fifty feet minimum.

         c.   Side. Fifty feet minimum.

(Ord. passed 1-18-2021)

   (a)   Permitted uses.

      (1)   Agriculture or general farming, including dairying livestock and poultry raising, nurseries, greenhouses, and other similar enterprises or uses, except fur farms and farms operated for the disposal or reduction of garbage, sewage, and rubbish.

      (2)   New or existing livestock operations which will house fewer than 500 animal units.

      (3)   Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per Article I.

      (4)   Agricultural buildings.

      (5)   Accessory agricultural structures.

   (b)   Conditional uses.

      (1)   A new or existing livestock operation, which houses or expands to house 500 or more animal units (see § 13-l-125(p) for conditional use-specific livestock operations). Pursuant to Wis. Admin. Code, § ATCP 51.06(2), approval may not be required for an existing facility unless it expands beyond the previously approved maximum animal units, or expands beyond 20% of the animal units kept before the effective date of the approval requirements.

      (2)   Siting and construction of any new mobile support structure and/or facility, or Class 1 collocation of a new mobile service facility on an existing support structure, per Article I.

   (c)   Standards for livestock facilities with 500 animal units or more. A livestock facility with 500 animal units or more shall comply with the following requirements.

      (1)   Property lines. Except as provided for waste storage structures, livestock structure must be located a minimum of 100 feet from the property line if the livestock facility will have fewer than 1,000 animal units and 200 feet from the property line if the livestock facility will have 1,000 or more animal units. The setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to the effective date of the setback requirement, except that a structure may not be expanded closer to the property line.

      (2)   Public road right-of-way. Except as provided for waste storage structures, livestock structures must be located a minimum of 100 feet from the public road right-of-way if the livestock facility will have fewer than 1,000 animal units, and 150 feet from a public road right-of-way if the livestock facility will have 1,000 or more animal units. The setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to the effective date of the setback requirement, except that a structure may not be expanded closer to the public road right-of-way.

      (3)   Waste storage structure. A new waste storage structure may not be located within 350 feet of a property line, or within 350 feet from a property boundary. If any portion of an existing structure is closer than 350 feet from a property boundary line, such structure may be expanded, provided the expansion is not located any closer to the property boundary line than the existing structure. A single new livestock waste storage structure may be constructed closer than 350 feet if such structure:

         a.   Is located on the same tax parcel as a livestock waste storage structure in existence before May 1, 2006;

         b.   Is lot larger than the existing structure;

         c.   Is no further than 50 feet from the existing structure; and

         d.   Is no closer to the property boundary line than the existing structure. This setback requirement does not apply to existing waste storage structures, except that an existing structure within 30 feet of a property line or road may not expand toward the property line or road.

      (4)   All wells located within a livestock facility shall comply with Wis. Admin. Code, Chapters NR 811 and 812. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Wis. Admin. Code, Chapters NR 811 and 812, regardless of whether the livestock facility operator owns the land on which the wells are located. A livestock structure in existence on May 1, 2006 may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.

(Ord. passed 1-18-2021)

   This District is intended to permit areas having general business or office uses, mostly at small or medium scale compatible with the village setting and the neighborhood context. It may, but does not necessarily, include home occupations. Development within this District is served by public sanitary sewer and water services. The District is intended for mapping in commercial areas on secondary streets, not within the downtown or highway commercial areas.

   (a)   Permitted uses.

      (1)   Personal or professional service, including, but not limited to, barber shops; beauty salons; banks; insurance and real estate offices; savings and loan/finance companies.

      (2)   Indoor sales and services, including, but not limited to, hardware and feed stores; drug stores; furniture stores; grocery stores; bakeries; fruit stores; dry good stores; luggage shops; stationery stores; pet shops; clothing stores; gift stores; variety stores; jewelry stores; shoe stores; packaged beverage stores; appliance sales and repair; sporting goods; radio and television sales and service; department stores; coin operated laundry; tobacco and magazine stores; and music shops.

      (3)   Funeral parlors.

      (4)   Bakeries.

      (5)   Bars and cocktail lounges.

      (6)   Restaurants and cafes.

      (7)   Hotels, motels.

      (8)   Rooming houses.

      (9)   Public passenger transportation terminals.

      (10)   Theaters.

      (11)   Professional offices.

      (12)   Organization headquarters.

      (13)   Newspaper and magazine publishers.

      (14)   Catalogue order stores.

      (15)   Bowling alleys.

      (16)   Churches.

      (17)   Tobacco and magazine stores.

      (18)   Radio (without antenna).

      (19)   Public parks and open spaces.

      (20)   Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per Article I.

   (b)   Conditional uses.

      (1)   Agricultural uses.

      (2)   Wholesale outlets.

      (3)   Government and community buildings.

      (4)   Secondhand stores.

      (5)   Professional laundry and dry-cleaning establishments.

      (6)   Gas stations.

      (7)   Implement sales.

      (8)   Contractor’s offices.

      (9)   Automobile sales and service.

      (10)   Commercial storage and other uses similar or customarily incident to the above uses.

      (11)   Residential above sidewalk level.

      (12)   Siting and construction of any new mobile support structure and/or facility, or Class 1 collocation of a new mobile service facility on an existing support structure, per Article I.

   (c)   Lot requirements.

      (1)   Lot size. No minimum.

      (2)   Building height. Four stories or 45 feet maximum.

      (3)   Yards. Each site shall consider the surrounding context and provide yards and setbacks similar to adjacent properties, with final determination to be established by the village through the site plan review process in § 13-1-127. For existing buildings as of January 18, 2021, they are deemed to be conforming with respect to yard and setback requirements.

(Ord. passed 1-18-2021)

   This District is intended to accommodate a wide range of commercial uses, primarily serving travelers, along major highway corridors or as otherwise directed by the comprehensive plan. Uses may include large- and small-scale office, retail, commercial service, restaurant, and lodging uses. Development within this District is served by public sanitary sewer and water services.

   (a)   Permitted uses.

      (1)   Gas stations.

      (2)   Automobile repair.

      (3)   Automobile sales and service.

      (4)   Implement sale and service.

      (5)   Drive-in establishments serving food and beverages for consumption on premises.

      (6)   Motels, hotels.

      (7)   Drive-in theaters.

      (8)   Gift stores.

      (9)   Mobile home sales.

      (10)   Restaurants.

      (11)   Public parks and open spaces.

      (12)   Freight terminals and trans-shipment depots.

      (13)   Amusement parks and parking.

      (14)   Class 2 collocation of a new mobile service facility on an existing support structure without substantial modifications, per Article I.

   (b)   Conditional uses.

      (1)   Casino and gaming establishments.

      (2)   Other uses similar to or customarily incidental to any of the above uses and extensive commercial uses requiring large land areas.

      (3)   Agricultural uses.

      (4)   Nightclubs.

      (5)   Sexually oriented businesses (see § 13-l-125(o) for conditional use, sexually oriented business standards).

      (6)   Siting and construction of any new mobile support structure and/or facility or Class 1 collocation of a new mobile service facility on an existing support structure, per Article I.

   (c)   Lot requirements.

      (1)   Building height. Thirty-five feet maximum.

      (2)   Lot size.

         a.   Width. Eighty feet minimum.

         b.   Area. One-half acre minimum.

      (3)   Minimum yards.

         a.   Street. Eighty feet (may be parking).

         b.   Rear. Twenty feet.

         c.   Side. Twenty feet.

(Ord. passed 1-18-2021)

   This District is intended to permit mid-scale downtown commercial, governmental, and institutional development, along with outdoor public spaces, at an intensity which provides significant incentives for infill development, redevelopment, and the commercial economic viability of existing downtown development. The District is also intended to retain the existing “Main Street” characteristics of the core blocks in the village’s historic downtown. Residential uses are strongly preferred to occur as vertical mixed-use, with the residential uses locating above the first floor.

   (a)   Permitted uses.

      (1)   Mixed use building.

      (2)   Public parks and open spaces.

      (3)   Public utility infrastructure and offices.

      (4)   Professional office.

      (5)   Personal or professional service (with uses allowed in this classification in the B-G District).

      (6)   Indoor sales or services (with uses allowed in this classification in the B-G District).

      (7)   Residential dwelling unit(s) above sidewalk level.

   (b)   Conditional uses.

      (1)   First floor residential dwelling unit.

      (2)   First floor shall maintain visual form and function so that it could revert or be converted to a commercial use in the future. Form elements to consider include first floor entry above sidewalk grade, interior height, depth of space, recessed entries, and building access.

   (c)   Lot requirements.

      (1)   Building height. Maximum of 45 feet or four stories, whichever is the least.

      (2)   Lot size.

         a.   Width. No minimum.

         b.   Area. No minimum.

      (3)   Minimum yards.

         a.   Street. Twenty feet minimum.

         b.   Rear. Twenty feet minimum.

         c.   Side. Six feet minimum, except in the case of a common or shared wall.

(Ord. passed 1-18-2021)

   This District accommodates areas that are predominately industrial or office in character with support institutions and service uses. The District includes a range of research and development users, manufacturing, assembling, fabrication and processing, storage, warehousing, and trucking uses. Development within this District is served by public sanitary sewer and water services.

   (a)   Permitted uses.

      (1)   Automobile repairs.

      (2)   Automotive upholstery.

      (3)   Cleaning.

      (4)   Pressing and dyeing establishments.

      (5)   Commercial bakeries.

      (6)   Commercial greenhouses.

      (7)   Distributors.

      (8)   Farm machinery.

      (9)   Feed mills.

      (10)   Dairy plants.

      (11)   Equipment repairs and storage.

      (12)   Railroad depots.

      (13)   Cooperatives.

      (14)   Laboratories.

      (15)   Machine shops.

      (16)   Printing and publishing.

      (17)   Storage and sale of lumber.

      (18)   Machinery and equipment sales.

      (19)   Contractor’s offices.

      (20)   Warehousing and wholesaling.

      (21)   Packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textiles, and wood.

      (22)   Manufacture, fabrication, processing, packaging and packing of confections; cosmetics; electrical appliances; electronic devices; food except cabbage, fish and fish products, meat products, and pea vining; instruments; jewelry; pharmaceuticals; tobacco; and toiletries.

      (23)   Freight yards.

      (24)   Freight terminals and transhipment depots.

      (25)   Inside storage.

      (26)   Breweries.

      (27)   Agricultural uses.

      (28)   Public parks and open spaces.

      (29)   Research and development facilities.

      (30)   Professional office, accessory to a permitted or conditional use.

      (31)   Public utility infrastructure and office.

      (32)   Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per Article I.

   (b)   Conditional uses.

      (1)   Dumps and disposal areas. Incinerators and sewage disposal plants, and earth and sanitary landfill operations.

      (2)   Manufacture. Processing of: abrasives, acetylene, acid, alkalies, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candle, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ink, insecticide, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickle, plaster of paris, plastics, poison, potash, pulp, pyroxylin, radium, rope, rubber, sausage, seeds, starch, stove polish, textiles, and varnish. Manufacturing, processing and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, radioactive materials, shellac, soap, turpentine, vinegar, and yeast. Bag cleaning, bleacheries, canneries, cold storage warehouses; electric and steam generating plants; electroplating; enameling forges; foundries; garbage incinerators; lacquering; lithographing; bulk gas storage and sales; offal, rubbish or animal reduction; oil, coal and bone distillation; refineries; road test facilities; slaughterhouses; smelting; stockyards; tanneries; and weaving.

      (3)   Outside storage and manufacturing areas. Wrecking, junk demolition, and scrap yards shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at least 600 feet from residential or commercial structures.

      (4)   Retail sales, services. Retail sales and services that exclusively or predominantly serve businesses and employees of the business park area, and are a minor part (less than 25%) of the total parcel usages by area, volume, or similar measures.

      (5)   Multi-family structures. Multi-family residential structure with up to eight dwelling units.

      (6)   Mobile support structure. Siting and construction of any new mobile support structure and/or facility, or Class 1 collocation of a new mobile service facility on an existing support structure, per Article I.

   (c)   Lot requirements.

      (1)   Lot size.

         a.   Width. Eighty feet.

         b.   Area. Ten thousand square feet.

      (2)   Building height. No maximum.

      (3)   Yards.

         a.   Street. Minimum ten feet.

         b.   Rear. Minimum 30 feet.

         c.   Side. Minimum ten feet.

(Ord. passed 1-18-2021)

   This District is intended to accommodate parks, public recreational areas, public open spaces, and private lands, and buildings available for either public recreation and/or conservation. This District is also used to protect valued natural resources, including those identified as environmental sensitive areas (ESAs), wildlife habitat, or surface waters.

   (a)   Permitted uses.

      (1)   The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, tree seeds, and sustained yield forestry.

      (2)   Public utility infrastructure and offices.

      (3)   Fishing, scenic, historic, scientific, and wildlife preserve.

      (4)   Non-resident buildings used solely in conjunction with the raising of waterfowl or fish.

      (5)   Hiking trails and bridle paths.

      (6)   Public and private parks and picnic areas, greenways, and open spaces.

      (7)   Recreation related structures not requiring basements.

      (8)   General farming provided no drainage, filling, or dredging takes place and no farm buildings are constructed.

   (b)   Conditional uses.

      (1)   Filling, drainage, and dredging.

      (2)   Farm structures.

      (3)   Single-family residences.

      (4)   Dams, power plants, flowages, ponds, relocation of water courses, removal of topsoil, or peat.

      (5)   Piers, docks, boathouses, and campgrounds.

      (6)   Cranberry bogs.

   (c)   Lot requirements. All lot requirements are as determined by the Village Board through the subdivision process.

(Ord. passed 1-18-2021)

   (a)   (1)   The PD Planned Development District, pursuant to Wis. Stats. § 62.23(7)(b), provides a regulatory framework to encourage improved environmental design by allowing flexibility in the development of land while ensuring compliance with the basic intent of the zoning ordinance and with the Village Comprehensive Plan. The Planned Development District has no set standards and specifications. Developers can propose uses or combination of uses, and configurations of intensity and density of development. Standards are negotiated by the developer and the village; such negotiated standards have the same legal force and effect as do standard zoning requirements.

      (2)   The objective of the Planned Development District is not simply to allow exceptions to otherwise applicable regulations. It is instead to encourage a higher level of design and amenity than is possible to achieve under other zoning districts. An example application of use of the PDD is for a conservation design subdivision, where due to the topographic and natural features, the standards are relaxed, as negotiated by the village and the developer.

   (b)   General requirements.

      (1)   Use regulations. The uses allowable in this district are the uses approved as part of the general or detailed plan for particular sites that are placed in the Planned Development District.

      (2)   Density and dimensional requirements. This section sets no prescribed density or dimensional regulations in the Planned Development District.

      (3)   Off-street parking and loading. There shall be no prescribed requirements for off-street parking and loading in the Planned Development District. However, in the review and approval of any general or detailed plan in a Planned Development District, due consideration shall be given to the requirements established in Article F for uses similar to those proposed in such plan.

      (4)   Standards. The following standards shall apply in the review of all general or detailed plans proposed for the Planned Development District.

         a.   The uses proposed in the planned development shall be in general conformance with the Village Comprehensive Plan.

         b.   The planned development shall incorporate environmental design considerations, including the preservation of topography, trees and ground cover, streams and natural bodies of waters, and other significant natural features and control of erosion and runoff in accord with the village’s erosion control standards as identified in Title 14, Subdivision Regulations.

         c.   The planned development shall provide for convenient and harmonious groups of buildings, structures, and uses; and buildings shall be spaced and sited to ensure adequate safety, light, ventilation, and privacy.

         d.   In a planned development for residential use, adequate open space and recreational areas shall be provided in appropriate locations, and all public and common open spaces shall be designed and located to provide safe and convenient access to residents.

         e.   The width of street rights-of-way, width of paving, width, and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage, or other similar environmental engineering considerations shall be based on a determination of the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the village.

         f.   The application for a Planned Development District shall provide evidence satisfactory to the Village Board of its economic feasibility of available adequate financing, and that it would not adversely affect the economic prosperity of the village of the values of surrounding properties.

         g.   The application for a Planned Development District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase could be brought to completion in a manner that would not result in an adverse effect upon the community as a result of termination at that point.

      (5)   Minimum area. A Planned Development District shall not be less than three acres of contiguous land under the same ownership. This requirement shall not be interpreted to prohibit the post-development sale or all or part of an approved PD subject to the provision of this section, and all applicable statutes and subdivision regulations.

      (6)   Subdivision review. The applicable subdivision review under Title 14, Subdivision Regulations, shall be carried out as an integral part of the review of a Planned Development District. The plan required must be submitted in a form that substantially satisfies requirements of the subdivision regulations for the preliminary and final plat approvals. Subdivision application may be submitted for the whole, a part, or parts of the overall planned development as indicated by phases in the detailed plan for staged development.

   (b)   Procedure for establishment of a Planned Development District. The provisions set forth in Article J shall apply for the establishment of any Planned Development District, provided the amendatory ordinance shall be considered only in conjunction with a general or detailed plan.

   (c)   Pre-application procedures. Applicants are encouraged to seek preapplication, conceptual review of proposed plans by the Plan Commission. The Plan Commission is under no obligation to give a response to such submittals at the same meeting as they are presented. The Plan Commission is entitled to seek outside assistance and sources of critique. No responses by the Plan Commission or by individual Plan Commissioners shall bind the Plan Commission or the village unless the response is on behalf of the Plan Commission, is in writing and is expressed as a binding response.

   (d)   Approval of general or detailed plan and adoption of zoning ordinance amendment. In the event that the Village Board approves a general (or detailed) plan and adopted a zoning amendment creating a Planned Development District in connection with such general (or detailed) plan, the requirements of the plan shall constitute the zoning regulations of the district, and the zoning district maps shall be amended to show all lands included in such general (or detailed) plan as within the Planned Development District. In the approval of any general (or detailed) plan, the Village Board may stipulate any conditions or restrictions in the establishment, maintenance, or operation of any uses proposed in such plan, and may also require any guarantees, including the filing of a contract together with a surety, satisfactory in form to the Village Attorney and satisfactory to the Village Engineer, with the village to ensure that improvements will be installed and completed as proposed in the plan.

   (e)   Recording of approval general or detailed plans and zoning ordinance amendments. Whenever the Village Board designates land as being within a Planned Development District, the Village Clerk shall record, in the office of the Register of Deeds of the county in which the lands belong, a facsimile copy of the approved general (or detailed) plan, together with a certified copy of the related zoning ordinance amendment and any other action taken thereon by the Village Board. The cost of preparing a facsimile copy of the general (or detailed) plan in recordable form and the recording fee shall be paid by the owners of the lands included in the general (or detailed) plan.

   (f)   Changes or modifications to general or detailed plans and zoning ordinance amendments. Any approved general or detailed plan, together with the related zoning ordinance amendment, may be amended in whole or in part pursuant to the same procedure and subject to the same limitations by which general or detailed plans, were approved and the zoning ordinance amended. However, minor modifications may be made by any general or detailed plan upon approval of the Village Plan Commission provided that such modifications shall be in general conformity with the approved general or detailed plan, and shall not substantially change the concept of such approved plan. All approved minor modifications shall become a part of the approved general or detailed plan, and shall be recorded as provided in subsection (e) above. The Plan Commission shall decide whether a proposed amendment is minor or major, with appeals made to the Village Board.

   (g)   Construction of building and establishment of uses. No zoning or building permit shall be issued for any lot within the Planned Development District until the detailed plan and the related zoning ordinance amendment have been recorded as required above. Within one year of the date of recording of any detailed plan and the zoning ordinance, construction thereon must begin; and construction must be substantially completed throughout the project within three years of such date of recording, unless extensions are granted by the Village Board. If initial construction has not begun within one year of the date of recording or within the prescribed time period granted as an extension by the Village Board, the approval of the detailed plan and the related zoning ordinance amendment shall become null and void, and the zoning shall revert to the classification that applied prior to the approval of the PDD zoning. No occupancy of dwelling units shall occur until all public works that have been scheduled to be completed before occupancy are completed to the satisfaction of the village.

   (h)   Procedure for establishment of the “Planned Development District - General Plan” for staged development.

      (1)   Submittal of general plan. The general plan shall contain any information and representations deemed necessary by the Plan Commission, and shall consist of a statement entitled “Planned Development District - General Plan, Statement of Owner’s Intent and Description of Development” which shall include, without limitation, the following.

         a.   A legal description describing all of the tract of land included in the proposed development.

         b.   A statement indicating the nature of the applicant’s interest in the land included in the proposed development.

         c.   A statement describing the proposed development, including the character, method, and operation of the development and a development schedule or timetable for construction.

         d.   A statement as to the following data or graphic information referenced to a map or plan of the proposed development.

            1.   The location and size of the site, including dimensioned exterior boundaries, topography, and other salient features, and existing buildings and structures, and also adjacent properties and streets, including all public utilities and public easements.

            2.   The use and approximate location and bulk of buildings and structures, including number of stories and dimensions of buildings.

            3.   The approximate location of vehicular and pedestrian facilities, such as streets, sidewalks, and off-street parking areas, including approximate number of parking spaces.

            4.   The approximate location of areas for public or common open spaces and for other public or semi-public uses.

            5.   A tabulation of land areas for the different types of uses in relation to the total area.

            6.   A tabulation of the gross floor areas of buildings by types of uses.

            7.   A tabulation of the number of types of dwelling units, if applicable.

      (2)   Review of general plan. The Plan Commission shall review the general plan and determine whether it complies with the standards set forth in subsection (a)(4) above. Following review of the general plan, the Plan Commission shall forward the petition to the Village Board, together with a recommendation that the general plan be either approved as submitted or approved with modifications, or disapproved.

      (3)   Approval of general plan.

         a.   In the event that the Village Board approves the general plan and adopts the related zoning ordinance amendment, the zoning district maps shall be amended to include all of the lands within the general plan as within the Planned Development District (general plan approved). However, no building construction shall be permitted in any portion of the approved general plan until a detailed plan, prepared in accordance with the requirements hereunder, has been approved by the village as provided below.

         b.   In the event the Village Board fails to approve the general plan and ordinance, the Village Board shall communicate its objections back to the Plan Commission for reconsideration and further discussions.

   (i)   Procedure for establishment of the “Planned Development District - Detailed Plan” for staged development.

      (1)   Submittal of plan. Within one year after the recording of the general plan and the copy of the related zoning ordinance amendment, a detailed plan for at least one stage of the general plan shall be filed with the Village Clerk, unless an extension is granted by the Village Board. The detailed plan shall contain any information and representation deemed necessary by the Plan Commission, and shall consist of a statement entitled, “Planned Development District - Detailed Plan, Statement of Owner’s Intent and Description of Development,” which shall include, without limitations, the following.

         a.   A legal description describing all of the tract of land included in the proposed development, referenced to a locational map indicating the relationship of the tract to the total general plan.

         b.   A statement indicating the nature of the applicant’s interest in the land included in the proposed development.

         c.   A statement describing the proposed development, including the character, method and operation of the development, and a development schedule or timetable for construction. Where the formation of organizations, such as a homeowners’ association, is proposed, such a statement shall include any agreements, bylaws, or covenants which govern the organizational structure, use, maintenance, and protection of the development, and any of its common services, common open spaces, or other common facilities.

         d.   A statement as to the following date or graphic information referenced to a map of the proposed development.

            1.   The location and size of the site, including dimensioned exterior boundaries, topography, and other salient features, and existing buildings and structures, and also adjacent properties and streets.

            2.   The use and location of all buildings or structures, including the architectural character and design of each building, the number of stories and dimensions of each building, and the dimensioned yards between buildings or structure and lot lines.

            3.   The location of vehicular and pedestrian facilities, including dimensioned streets, walkways, access driveways, off-street parking spaces, and loading berths, and refuse receptacle areas.

            4.   The location and size of areas for public or common open spaces, and for other public and semi-public uses.

            5.   A grading plan, including any storm sewer system, a landscaping plan, and an erosion control plan.

            6.   A sanitary sewer and water distribution system plan.

            7.   A tabulation of land areas for the different uses in relation to the total tract area.

            8.   A tabulation of the number of buildings and the use and the total gross floor area for each building.

            9.   A tabulation indicating the number and types of dwelling units, if any, in each building.

      (2)   Review of the detailed plan.

         a.   The Plan Commission shall review the detailed plan as a conditional use review, and shall determine whether the plan complies with the standards set forth in subsection (a)(4) above and is in general conformance with the approved general plan. Following Plan Commission approval of a detailed plan, the Village Clerk shall record in the office of the Register of Deeds of the county in which the lands belong a facsimile copy of the approved detailed plan and a certified copy of the Plan Commission action approving the same. The costs for copies and recordings shall be paid by the owners of the land within the plan areas.

         b.   The action of the Plan Commission on the proposed detailed plan shall be appealable to the Village Board. The Village Board shall consult with the Plan Commission before making its appeal decision, but in no case shall a detailed plan be approved that is out of conformity with the corresponding approved general plan.

      (3)   Approval of detailed plan. Once the detailed plan is approved, the zoning district maps shall be amended to include all of the lands within the detailed plan as Planned Development District detailed plan approved.

   (j)   “Planned Development District - Single-Stage” procedure. Upon request by the applicant and subject to Village Board concurrence, the general and detailed stages of plan review and approval can be combined. Under this option, the plan is submitted in detailed form and is processed as is a general plan.

(Ord. passed 1-18-2021)

   (a)   Principal use to be present. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

   (b)   Placement restrictions; residential district. An accessory use or structure in a residential district may be established subject to the following regulations.

      (1) Accessory building number limits. In any residential district, in addition to the principal building, a detached garage or attached garage and one additional accessory building may be placed on a lot.

      (2)   Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.

      (3)   Detached accessory buildings. Detached accessory buildings are permitted in the rear yard only. No detached accessory building shall occupy more than 20% of the required rear yard or be located within three feet of any other accessory building, ten feet of the principal structure, or five feet of any alley. Larger accessory use buildings may be permitted following issuance of a conditional use permit. Accessory buildings not attached to the principal building shall conform to the setback requirements of the district in which located. In no event can the accessory uses or structures be forward of the front line of the principal structure. Accessory structures shall not exceed 15 feet in height.

   (c)   Use restrictions; residential district. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade, or industry except for home occupations as further described in § 13-1-43.

   (d)   Placement restrictions; non-residential districts. An accessory use or structure in a business or manufacturing district may be established in the rear yard or side yard. Accessory buildings not attached to the principal building shall conform to the setback requirements of the district in which located.

   (e)   Reversed corner lots. When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear, nor nearer than three feet to the side line of the adjacent structure.

   (f)   Landscaping and decorative uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation includes flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers, and gardens.

   (g)   Temporary accessory uses. Temporary accessory uses, such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure, may be permitted by the Zoning Administrator, Clerk, and highest elected official, as appropriate.

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

      (1)   Such private garage shall be located not less than five feet from the front lot line.

      (2)   The floor level of such private garage shall be not more than one foot above the curb level.

      (3)   At least one-half the height of such private garage shall be below the mean grade of the front yard.

   (i)   Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height, and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.

   (j)   Lawn accessories. Walks, drives, paved terraces, and purely decorative garden accessories such as pools, fountains, statuary, flag poles, and the like, shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.

   (k)   Retaining walls. Retaining walls may be permitted anywhere on the lot, provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than three feet to the property line.

   (l)   Patios/decks. Patios/decks at ground level or at a floor level shall be no more than four feet above ground at any point under the deck (decks at greater height are considered part of the structure and may not intrude into setback areas). There shall be a ten-foot minimum separation measure in from any side (or the side yard setback of the subject property’s zoning district, whichever is lesser) or rear lot line to the edge or side of the structure unless the applicant has obtained a signed and notarized affidavit of consent to run with the land from the owner(s) of record of the neighboring properties identifying a closer distance, and has recorded this against both parcels in the Register of Deeds office and with the Village Zoning Administrator, Clerk, and highest elected official, as appropriate.

(Ord. passed 1-18-2021)

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

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

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

   (d)   Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees, and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances, and may be abated pursuant to the provisions of this code of ordinances.

   (e)   Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.

(Ord. passed 1-18-2021)

   (a)   Definition. A PRIVATE or RESIDENTIAL SWIMMING POOL is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than one and one-half feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator, or lessee thereof and his or her family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment, and other items used and intended to be used for the operation and maintenance of a PRIVATE OR RESIDENTIAL SWIMMING POOL.

   (b)   Exempt pools. Storable children’s swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity, are exempt from the provisions of this section.

   (c)   Permit required. Before work is commenced on the construction or erection of private or residential swimming pools, or on any alterations, additions, remodeling, or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel, or add must be submitted in writing to the Zoning Administrator, Clerk, and highest elected official, as appropriate. Plans and specifications, and pertinent explanatory data should be submitted to the Zoning Administrator, Clerk, and highest elected official, as appropriate, at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. A fee as set forth in the village’s fee schedule shall accompany such application.

   (d)   Construction requirements. In addition to such other requirements as may be reasonably imposed by the Zoning Administrator, Clerk, and highest elected official, as appropriate, the Zoning Administrator, Clerk, or highest elected official, shall not issue a permit for construction as provided for in subsection (b) above, unless the following construction requirements are observed.

      (1)   All materials and methods of construction in the construction, alteration, addition, remodeling, or other improvements and pool installation shall be in accord with all state regulations and code, and with any and all ordinances of the village now in effect or hereafter enacted.

      (2)   All plumbing work shall be in accordance with all applicable ordinances of the village and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, or onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.

      (3)   All electrical installations, including lighting and heating, but not limited thereto, which are provided for, installed, and used in conjunction with a private swimming pool shall be in conformance with the state laws and village ordinances regulating electrical installations.

   (e)   Setbacks and other requirements.

      (1)   Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

      (2)   No swimming pool shall be located, constructed, or maintained closer to any side or rear lot line than is permitted in the zoning code for an accessory building, and in no case shall the water line of any pool be less than six feet from any lot line.

   (f)   Fence.

      (1)   Pools within the scope of this section which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool. Such fence or wall shall not be less than six feet in height and so constructed as not to have voids, holes, or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use.

      (2)   The pool enclosure may be omitted where portable pools are installed above ground and have unobstructed walls a minimum of 36 inches high on the top.

   (g)   Compliance. All swimming pools existing at the time of passage of this code of ordinances not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.

(Ord. passed 1-18-2021)

   (a)   Intent. The intent of this section is to provide a means to accommodate a small family business within a residence without the necessity of a rezoning into a commercial district or obtaining a conditional use permit.

   (b)   Accessory use. Home occupations are determined to be an allowed accessory use in all residential districts. Permits are not required prior to engaging in such activities, but the following standards apply.

      (1)   The activity must be clearly secondary and incidental to the primary residential use.

      (2)   The activity must not significantly alter the residential character of the dwelling unit, dwelling structure, or the parcel.

      (3)   The home occupation shall not occupy more than 25% of the floor area of the dwelling.

      (4)   The home occupation shall be conducted only within the enclosed areas of the dwelling unit, or attached or detached garage.

      (5)   The activity must not unreasonably interfere with the residential occupancy of other parcels in the neighborhood.

      (6)   The activity must not create environmental, safety, or health hazards such as noise, light, odors, vibrations, electrical emissions, or other fire or safety hazards that are noticeably out of character with those produced by normal residential occupancy.

      (7)   The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises, and traffic generated by the home occupation may not exceed that which is customary to residential occupancies in the neighborhood.

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

      (9)   Signage for the home occupation is governed by § 13-1-101.

      (10)   The parcel and structure must contain adequate area to accommodate the home occupation without interfering with residential occupancy of other parcels in the neighborhood.

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

      (12)   Garage sales as a type of home occupation are allowable in all residential districts, provided that not more than two are held on a single premises per year and that each such sale shall not exceed four days in duration.

      (13)   Daycare is allowable as a home occupation on a residential premises. Conditional use approval may be required, however, if Wis. Stats. § 66.1017, or as it may be hereafter amended, applies.

(Ord. passed 1-18-2021)

   (a)   The purpose of this article is to establish regulations for manufactured homes, mobile homes, and tiny homes.

   (b)   It is not the intent of this article to exceed Wisconsin State Uniform Dwelling Code (WI State UDC) regulations. Where in conflict with the WI State UDC or other state regulations, the more restrictive rule shall apply.

(Ord. passed 1-18-2021)

   All manufactured homes in any residential zoning district shall be supported by a permanent enclosed foundation constructed to standards as outlined in the “Permanent Foundations Guide for Manufactured Housing” (HUD 0007487, now HUD 4930.3G) with the additions, insertions, deletions, and changes, if any, as prescribed below.

   (a)   Placement of manufactured homes without U.S. Department of Housing and Urban Development (HUD) approval shall require special approval of the Village Board, but under no circumstances shall an unapproved home serve as a year-round dwelling.

   (b)   A manufactured home shall be placed on a permanent foundation meeting the requirements of HUD-007487, now HUD 4930.3G “Permanent Foundations Guide for Manufactured Housing,” except as follows.

      (1)   A manufactured home may be placed on a permanent foundation meeting the requirements of Chapter COMM 22 of the Wisconsin Uniform Dwelling Code if the home is constructed for such placement.

      (2)   A manufactured home placed in a manufactured home park shall be governed under § 13-1-27.

      (3)   The Building Inspector may waive the requirement for a design professional.

(Ord. passed 1-18-2021)

   (a)   Mobile home construction standards. It is the intent of this section to recognize mobile homes constructed prior to October 1, 1974, as distinct and different from units designated as mobile homes within the definitions of this section and to prohibit units not meeting the requirements for mobile homes as defined herein. Units constructed prior to 1974 are prohibited. Mobile homes meeting the requirements of the One- and Two-Family Building Dwelling Code shall not be permitted in a MHTH District, except as a conditional use. Permits may be obtained only after approval by the Village Board.

   (b)   Location in mobile home neighborhoods. Except as provided in subsection (c) below, no person shall park, locate, or place any mobile home outside of a properly zoned and licensed mobile home park in the village, except unoccupied mobile homes may be parked on the lawfully situated premises of a licensed mobile home dealer for the purposes of sale display; the lawfully situated premises of a vehicle service business for purposes of servicing or making necessary repairs; the premises leased or owned by the owner of such mobile home for purposes of sales display for a period not exceeding 120 days, provided no business is carried on therein, or in an accessory private garage, building, or rear yard of the owner of such mobile home, provided no business is carried on therein.

   (c)   Location of outside and mobile home neighborhoods.

      (1)   Limitations. Until such time as an approved mobile home neighborhood is constructed, the total number of mobile homes allowed in the village grandfathered as non-conforming uses shall be the number in existence at the date of adoption of this code of ordinances. Those lots within the village currently housing mobile homes are subject to the grandfather clause of § 13-1-27 (a) and to the other requirements contained in this subsection (c), provided that the mobile home is resident-owned. It is the intent of this section to require all mobile homes to be located within a properly approved and zoned mobile home neighborhood, while noting that there are within the village a limited number of pre-existing non-conforming mobile homes located outside of such neighborhoods.

      (2)   Issuance of permits.

         a.   Permits are to be issued only to the owner of the lot upon which the mobile home is to be placed, and shall apply to that lot and not to the mobile home itself.

         b.   No permit shall be issued for the movement of a mobile home from one lot in the village to another lot within the village.

      (3)   Other requirements.

         a.   No mobile home shall be allowed in the village without the obtaining of a building permit from the Village Administrator, Clerk, and highest elected official, as appropriate. Owners of lots upon which homes are currently located within the village shall apply for a permit within 30 days of the passage of this section.

         b.   All grandfathered mobile homes located outside of a mobile home neighborhood shall comply with the following minimum requirements.

            1.   The home must be set on a concrete pier extending below the frost line and have a minimum of six tiedowns at regular intervals on the site and leveling devices placed upon six inches of gravel.

            2.   The home must be skirted in a manner which will prevent rodent infestation.

            3.   The placement of the home on the site and the site itself must meet all requirements of the Zoning Code for the district wherein it is located.

            4.   Adequate stairways must be provided for each doorway.

            5.   Village water and sewer system hookups must be provided for each mobile home.

            6.   Mobile homes must have a minimum of 600 square feet of floor space. Said space is determined by the length, less the tongue, times the width.

         c.   All requirements of §§ 13-1-27(f) and 13-1-27(h) must be followed.

         d.   Only nondependent mobile homes shall be allowed.

         e.   All provisions relating to the collection of a monthly parking fee of Title 7, Chapter 5 shall apply. The owner of the mobile home shall be responsible for the prompt payment of said fees.

      (4)   Replacement. Grandfathered non-conforming mobile home units allowed outside of a mobile home park under subsection (d) below may be replaced with a more modern unit.

   (d)   All mobile homes shall be skirted. Areas enclosed by such skirting shall be maintained free of rodents and fire hazards.

   (e)   Additions, alterations. No person shall construct, alter, or add to any structure, attachment, or building in a mobile home park or on a mobile home space without a permit from the Village Building Inspector. Construction on an addition or alteration to the exterior of a mobile home shall be of the same type of construction and materials as the mobile home affected. No permit shall be issued unless the value of the home already existing is in excess of $6,000. Said value shall be determined by the Tax Assessor. This subsection (a) shall not apply to addition of awnings, antennae, or skirting to mobile homes. Accessory structures on mobile home spaces shall comply with all setback, side yard, and rear yard requirements for mobile home units.

   (f)   Mobile home stands. Before a mobile home is located on a space within a mobile home neighborhood, a stand consisting of concrete piers extending below frost and having tiedown and leveling devices with six-inch gravel. At least six tiedowns shall be provided at regular intervals on each slab.

(Ord. passed 1-18-2021)

   (a)   Where allowed.

      (1)   Tiny houses are permitted as a principal use in the MHTH District, subject to the regulations outlined in § 13-1-27.

      (2)   Tiny houses may be allowed by conditional use as accessory dwelling units in residential districts, subject to the supplemental regulations in this section, § 13-1-26, and the use regulations for accessory dwelling units, as described in § 13-1-40.

      (3)   A tiny house on wheels is considered a “camping unit” and is only permitted in a camping ground.

   (b)   General standards. All tiny houses shall comply with the following.

      (1)   Each tiny house shall be located on its own individual lot, except when established as an accessory dwelling unit.

      (2)   Construction of the house shall comply with any applicable building code.

      (3)   Each house shall be installed on a permanent foundation, with wheels and chassis removed.

      (4)   Each house shall be connected to water and sewer utilities (public water, public sewer, private well, and/or an approved septic system).

   (c)   Porches. A tiny house permitted as a principal use shall have a porch that:

      (1)   Is oriented towards common open space or a public or approved private street;

      (2)   Has a minimum width of four feet or 75% of the building facade width, whichever is greater; and

      (3)   Has a minimum depth of five feet.

(Ord. passed 1-18-2021)

   The purpose of this article is to establish regulations for the following non-conforming situations created legally prior to the effective date of this section: non-conforming uses, non-conforming and substandard lots, non-conforming structures, and other non-conforming sites.

(Ord. passed 1-18-2021)

   (a)   The lawful and established non-conforming use of a structure or land, including, but not limited to, fences, parking, and buildings, existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

   (b)   Substitution of new equipment may be permitted by the Board of Zoning Appeals if such equipment will reduce the incompatibility of the non-conforming use with the neighboring uses.

   (c)   If a non-conforming use or the use (conforming or non-conforming) of a structure that is non-conforming (as it relates to zoning setbacks, heights, and the like) is discontinued for a period of 12 months, any future use of the building, premises, structure, or fixture shall conform to the chapter.

   (d)   Notwithstanding subsections (a) through (c) above, a manufactured home community licensed under Wis. Stats. § 101.935, that is a legal non-conforming use continues to be a legal non-conforming use notwithstanding the occurrence of any of the following activities within the community:

      (1)   Repair or replacement of homes.

      (2)   Repair or replacement of infrastructure.

(Ord. passed 1-18-2021)

   (a)   The lawful non-conforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter. However, it shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

   (b)   Total lifetime structural repairs or alterations of a lawfully established non-conforming building shall not exceed 50% of the village’s assessed value of the building, premises, structure, or fixture at the time of its becoming a non-conforming use unless it is permanently changed to conform to the use provisions of this chapter.

   (c)   (1)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

         DEVELOPMENT REGULATIONS. The part of this chapter that applies to elements including setback, height, lot coverage, and side yard.

         NON-CONFORMING STRUCTURE. A dwelling or other building that existed lawfully before this chapter was enacted or amended, but that does not conform to one or more of the development regulations in this chapter.

      (2)   Nothing in this chapter prohibits, or limits based on cost, the repair, maintenance, renovation, or remodeling of a non-conforming structure.

   (d)   (1)   Restrictions in this chapter that are applicable to damaged or destroyed non-conforming structures and that are contained in an ordinance enacted under this subsection (a) do not prohibit the restoration of a non-conforming structure if the structure will be restored to the size, subject subsection (c)(2) above, location, and use that it had immediately before the damage or destruction occurred, or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply.

         a.   The non-conforming structure was damaged or destroyed on or after March 2, 2006.

         b.   The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

      (2)   The structure may be larger than the size it was immediately before the damage or destruction if necessary, for the structure to comply with applicable state or federal requirements.

   (e)   Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than 50% of its value assessed by the village, the same may be rebuilt; but where such a building is destroyed to the extent of more than 50% of its assessed value, a permit may be granted for its reconstruction within 12 months from the date of such fire or other calamity, except any public utility located in a restricted district shall be permitted to rebuild, alter, or enlarge in any business or industrial district as the interest of the public demands.

(Ord. passed 1-18-2021)

   Once a non-conforming use or structure has been changed to conform, it shall not revert back to a non-conforming use or structure. Once the Board of Zoning Appeals has permitted the substitution of a more restrictive non-conforming use for an existing non-conforming use, the substituted use shall lose its status as a legal non-conforming use and become subject to all the conditions required by the Board of Zoning Appeals.

(Ord. passed 1-18-2021)

   (a)   No lot shall be created which does not meet the lot dimensional requirements of the associated zoning district.

   (b)   Legal non-conforming or substandard lots, as detailed in Article F, may be utilized as a building site for a permitted use (but not for a conditional use) in the associated zoning district, if all of the following apply.

      (1)   Such lot has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

      (2)   Such lot is developed to comply with this chapter and other applicable chapters of the village municipal code.

   (c)   Conforming structures existing at the time of the adoption or amendment of this chapter may be continued, although the lot does not conform to the newly adopted or amended requirements of this chapter, as long as all uses on the lands containing the structure are legal conforming uses.

   (d)   Each aforementioned structure may be extended, enlarged, substituted, moved, remodeled, modified, added to, or rebuilt as long as any such change conforms to the established building setback lines along streets and the other lot and building requirements of this chapter.

(Ord. passed 1-18-2021)

   The purpose of this article is to identify the standards and minimum requirements for highway access, traffic visibility, loading, off-street parking, fencing, screening, and general welfare standards.

(Ord. passed 1-18-2021)

   (a)   Highway access. No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction. No direct public or private access shall be permitted to the existing or proposed rights-of-way of freeways, interstate highways, and their interchanges or turning lanes, nor to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes (such as exit and entrance ramps). No driveway openings shall be permitted within 100 feet of the intersection of an arterial street right-of-way line.

   (b)   Access barriers. Access barriers, such as curbing, fencing, ditching, landscaping, or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.

   (c)   Temporary access. Temporary access to the above rights-of-way may be granted by the Zoning Administrator, Clerk, and highest elected official, as appropriate, after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable, and subject to any conditions required, and shall be issued for a period not to exceed 12 months.

(Ord. passed 1-18-2021)

   (a)   Within vision clearance triangles, no obstructions, such as signs, structures, fences, parking, earthwork, vegetation, or other obstructions between 30 inches and ten feet in height shall be permitted, except for tree trunks, mailboxes, and sign poles.

   (b)   The vision clearance triangle shall apply where public streets intersect, and where private driveway and alleys intersect with public streets, per the following standards.

      (1)   Where public streets intersect, or whether a private driveway or alleys intersect with a public street. To draw the first two lines of the triangle, measures 15 feet from the point of intersection of the two-street right-of-way along the two right-of-way lines. Next, draw a third straight line between the ends of the first two lines to form the vision clearance triangle.

      (2)   In the case of arterial streets intersecting with other arterial streets or railways, the corner cut-off distances establishing the triangular vision clearance space shall be increased to 50 feet.

(Ord. passed 1-18-2021)

   (a)   Loading space requirements. On every lot on which a business, trade or industrial use is hereafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way.

 

 

   (b)   Multiple or mixed uses. Where a building is devoted to more than one use or for different uses and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such a minimum, then off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.

   (c)   Location. Required off-street loading spaces shall be located on the same lot with the principal use requiring such space. No loading space shall be located within 30 feet of the nearest point of intersection of two streets or require any vehicle to back into a public street.

   (d)   Design standards. Each off-street loading space shall have a width of at least 12 feet, a length of at least 45 feet, and a vertical clearance of at least 14 feet. Dimensions for loading spaces in connection with funeral homes shall be reduced to ten feet in width, 25 feet in length, and eight feet in vertical clearance. Every loading space shall be sufficiently screened in the form of a solid fence or shrubbery to protect neighboring residences.

   (e)   Surfacing. All open off-street loading berths shall be improved with a compacted macadam base, not less than seven inches thick, surfaced with not less than two inches of asphalt or treated with some comparable all-weather dustless material.

   (f)   Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence district.

   (g)   Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities, or portions thereof.

   (h)   Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled.

      (1)   Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.

      (2)   Total berths provided shall meet the requirements based on the sum of the several types of uses served. (Areas of types of uses may be totaled before computing the number of loading berths.)

      (3)   No zoning lot served shall be more than 300 feet removed from the central loading area.

      (4)   The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet.

(Ord. passed 1-18-2021)

   All new parking lots and all alterations of existing lots shall be subject to the approval of the Village Board, after a recommendation from the Plan Commission. Requests for said parking lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provisions, and driveway locations. In all districts, except those areas which are located within the fire zone as designated on the official map, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following.

   (a)   Access. Adequate access to a public street shall be provided for each parking space.

   (b)   Design standards. Each required off-street parking space shall be at least 180 square feet, and have a stall width of at least ten feet and a stall length of at least 18 feet. No parking area of more than four spaces shall be designed as to require any vehicle to back into a public street. Large expanses of unchanneled parking areas shall be avoided by interior landscaping and safety islands.

   (c)   Location.

      (1)   Off-street parking shall be on the same lot as the principal use or not over 300 feet from the principal use.

      (2)   Off-street parking is permitted in all yards of all districts except in the front yards of single-family and two-family residence districts but shall not be closer than five feet to a side lot line, right-of-way line, or rear lot line, or 25 feet to a residential district lot line.

      (3)   Off-street parking in the single-family residence and two-family residence districts is permitted in the front yard in the driveway, even though closer than five feet to a side lot line providing the driveway conforms to the requirements in § 13-1-71.

   (d)   Surfacing. All off-street parking areas, except a single parking space accessory to a single-family dwelling, shall be surfaced with an all-weather material, such as compacted stone, gravel, or blacktop. All off-street parking areas shall be graded and surfaced so as to be properly drained. Any parking area for more than five vehicles shall have the aisles and spaces clearly marked except parking area serving single-family dwellings.

   (e)   Additional requirements.

      (1)   Special residential requirements. Those parking areas for five or more vehicles if adjoining a residential use shall be screened from such use by a solid wall, fence, evergreen planting of equivalent visual density, or other effective means, built and maintained at a minimum height of five feet. Where a solidly constructed decorative fence is provided along the interior lot line, the minimum setback for the parking area shall be five feet from said lot line. Said fence shall be located a minimum of one foot from the said lot line.

      (2)   Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with parking facilities provided in residence districts.

      (3)   Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three foot-candles measured at the lot line.

      (4)   Street setback area. No parking shall be permitted between the street right-of-way line and the building setback line prevailing in the zone in which the proposed parking area is to be located. The resulting open area shall be planted in grass or otherwise landscaped to create a permanent green area.

   (f)   Curbs. Curbs or barriers shall be installed a minimum of four feet from a property line so as to prevent the parked vehicles from extending over any lot lines.

   (g)   Number of parking stalls required.

 

   (h)   Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply. Floor space or area shall mean the gross floor area inside the exterior walls, where floor space is indicated above as a basis for determining the amount of off-street parking required.

   (i)   Combined uses. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use. Two or more uses may provide required off-street parking spaces in a common parking facility less than the sum of the spaces required for each use individually, provided such uses are not operated during the same hours. A written agreement satisfactory to the Village Attorney shall accompany any joint use arrangement.

   (j)   Handicapped parking requirements. In addition to any other requirements relating to parking spaces contained in these ordinances, the provisions contained in Wis. Stats. §§ 101.13, 346.503, and 346.56, and any Wisconsin Administrative Code sections adopted pursuant thereto are hereby adopted by reference and made applicable to all parking facilities whenever constructed.

   (k)   Changes in buildings or use. Whenever a building or use is changed, structurally altered, or enlarged to create a need for an increase of 25% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use is enlarged to the extent of 50% or more in the floor area, said building or use shall then comply with the parking requirements set forth in the district in which it is located.

   (l)   Off-lot parking.

      (1)   Required off-street parking spaces shall be located on the same lot with the principal use, or when this requirement cannot be met, such parking spaces may be located off-lot provided the parking spaces are located in the same district. Off-lot parking spaces shall also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement satisfactory to the Village Attorney.

      (2)   Off-lot parking spaces for residential uses shall be within 250 feet of the principal entrance or the entrance for the individual occupants for whom the spaces are reserved while the farthest portions of a parking lot for all other uses shall be within 300 feet of the entrance of the establishment.

      (3)   Accessory parking may be located in residential districts provided that said lots or property are immediately adjacent to a commercial, business, or industrial zoning district.

      (4)   All off-street parking lots adjoining lots zoned for residential use shall have a minimum setback of ten feet from any interior lot line, except if the adjoining lot is used for legally conforming parking purposes.

   (m)   During site plan review, as described under § 13-1-27, the village may reduce the number of required parking stalls or allow land banking for future parking stalls.

(Ord. passed 1-18-2021)

   (a)   Fences defined. For the purpose of this section, a FENCE is herein defined as an enclosed barrier consisting of vegetation, plastic, vinyl, wood, stone, or metal intended to prevent ingress or egress. For the purpose of this section, the term FENCE shall include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

   (b)   Fences categorized. Fences shall be categorized into five classifications.

      (1)   Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.

      (2)   Protective fence. A fence constructed to enclose a hazard to the public health, safety, and welfare.

      (3)   Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.

      (4)   Hedge. A row of bushes of small trees planted close together which may form a barrier, enclosure, or boundary.

      (5)   Picket fence. A fence having a pointed post, stake, pale, or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

   (c)   Height of fences regulated. Except for swimming pool fences, a fence or wall may be erected, placed, maintained, or grown along a lot line on residentially zoned property or adjacent thereto pursuant to subsection (d) below to a height not exceeding six feet above the ground level, except that no such fence, wall, hedge, or shrubbery which is located in a required front or corner side yard shall exceed a height of four feet. Where such lot line is adjacent to a non-residential zoned property, there shall be an eight-foot limit on the height of a fence, wall, hedge, or shrubbery along such lot line.

   (d)   Setback for residential fences. Fences in or adjacent to a residential property may be constructed on lot lines within setback areas.

   (e)   Security fences. Security fences are permitted on the property lines in all districts except residential districts but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

   (f)   Prohibited fences. No fence shall be constructed which is of a dangerous type of construction or which conducts electricity or is designed to electrically shock.

   (g)   Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

   (h)   Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.

   (i)   Non-conforming fences and hedges. Any fence or hedge existing on the effective date of this municipal code and not in conformance with this section may be maintained, unless it would violate vision triangle standards, but no alteration, modification, or improvement of said fence shall comply with this section.

(Ord. passed 1-18-2021)

   (a)   Mechanical equipment (heating, air conditioners, and ventilation) that will be readily visible when viewed from ground level from other properties or from major public ways should be softened by screening or covered in a manner that forms an integral part of the building design. Rooftop equipment may require the use of an extended parapet wall or other integrated roof form.

   (b)   External garbage or refuse containers shall be screened by walls, fences, berms, or effective landscaping, or combinations thereof.

   (c)   The storage of materials, fuel, scrap, inoperative vehicles, and similar objects in places that are readily visible from major public rights-of-way or parts of neighboring properties where a significant amount of viewing is expected shall be minimized and, where necessary, shall be effectively screened.

   (d)   Any use or conditional use listed in this chapter requiring screening or fencing shall be permitted only when authorized by the Village Board, upon the recommendation of the Plan Commission, and subject to its approval of a screening or fencing plan for that particular use.

   (e)   Planting or other suitable screening including fences or freestanding walls shall be required where deemed necessary for screening or enclosure purposes by the Village Board, upon the recommendation of the Plan Commission, such as around outdoor storage yards and industrial property lines, salvage yards, refuse disposal sites, quarries and mines, mobile home parks, and trailer camps. Such provisions shall be required to the extent needed to provide for:

      (1)   Screening of objectionable views;

      (2)   Adequate shade;

      (3)   Enclosure of storage materials;

      (4)   Public health and safety; and

      (5)   A suitable setting for the particular use and other facilities.

   (f)   Maintenance. All screenings, fences, and walls required by this chapter shall be maintained so as not to prove an objectionable view by themselves.

(Ord. passed 1-18-2021)

   No operation or activity shall transmit any noise exceeding 75 dBA from 7:00 a.m. to 10:00 p.m. and 65 dBA from 10:00 p.m. to 7:00 a.m. beyond the property line. The following noises are exempt from the regulations.

   (a)   Noises not directly under the control of the property owner.

   (b)   Noises from temporary construction or maintenance activities during daylight hours.

   (c)   Noises from emergency, safety, or warning devices.

(Ord. passed 1-18-2021)

   (a)   No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

   (b)   Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.

(Ord. passed 1-18-2021)

   No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the property boundary.

(Ord. passed 1-18-2021)

   No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Wis. Admin. Code, Chapter NR 429.03.

(Ord. passed 1-18-2021)

   No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code, Chapter 415.

(Ord. passed 1-18-2021)

   No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code, Chapter NR 415.

(Ord. passed 1-18-2021)

   No operation or activity shall emit any hazardous substances in such a quantity, concentration, or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Wis. Admin. Code, Chapter NR 400.

(Ord. passed 1-18-2021)

   (a)   Site design.

      (1)   An overall site amenities theme and materials palette shall be presented and approved by the village as part of the site plan review process required under § 13-1-127.

      (2)   Buildings along with trees and landscaping shall be predominant. Parking lots and freestanding signs shall be secondary features of a site.

      (3)   Loading docks or delivery doors shall be placed to reduce visibility from residential areas or public streets.

      (4)   To ensure that building entrances are welcoming and easily identifiable from the street and sidewalks, the principal entry for persons to the building shall be marked by an architectural element such as a building canopy, large entry doors, or landscaping with seating.

      (5)   Pedestrian and bicycle connections into and throughout the site shall be clearly defined. Pedestrian access to the building shall be visually and functionally clear and shall offer a convenient access.

      (6)   Provide accessible and high-quality bicycle parking. Bicycle racks shall be placed within 50 feet or the primary entrance of the building they are intended to serve.

      (7)   Parking lots shall have decorative landscape treatment at the perimeter of the lot and, for larger lots, in island areas within the lot, to provide break-up of the expanse of paving.

      (8)   All sites shall be planned and constructed so that surface drainage drains from structures.

   (b)   Building architecture, mass, and articulation.

      (1)   An overall architectural theme and building materials palette shall be presented and approved by the village as part of the site review process.

      (2)   Buildings shall include articulation along the facades facing and visible from public rights-of-way; flat blank walls are not allowed.

      (3)   Building masses and long, straight fronts and sides (relative to the overall length of the building) that are visually accessible shall be broken up and made more variegated with staggers and offsets, with landscaping or surficial features or with accumulation of mass in the form of smaller, related units.

      (4)   Any side of the building visible from a street or public open space shall be given architectural treatment utilizing windows, awnings, or other architectural details.

   (c)   Landscaping and lighting.

      (1)   The proposed site shall provide landscaping of sufficient height and density to accomplish positive visual impact and complement the site and building.

      (2)   Exterior lighting shall be established, directed and maintained so as not to be cast directly on public right-of-way or occupied structures or neighboring properties or be lighted in intensity or colors seriously disturbing to neighboring properties.

(Ord. passed 1-18-2021)

   The purpose and intent of this article is to establish standards for signage that protect and preserve the public health, welfare, and safety, advance aesthetic and community character objectives, promote compatible business development and activity, and ensure the effective and flexible use of signage for commercial, community, and individual expression.

(Ord. passed 1-18-2021)

   No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without conformance with the provisions of this article and a sign permit, unless exempted from sign permit requirements under § 13-1-94.

(Ord. passed 1-18-2021)

   (a)   Any sign authorized by this article may contain a non-commercial message.

   (b)   Non-commercial signs shall be subject to the same permit requirements, restrictions on size and type, and other specifications set forth in this article.

(Ord. passed 1-18-2021)

   (a)   Signs lawfully existing at the time of the adoption of this chapter may be continued although the size or location does not conform with the provisions of this article. Such signs shall be deemed non-conforming and the non-conforming use and structure provisions under Article F of this chapter shall apply.

   (b)   No non-conforming sign shall be enlarged, physically altered, or replaced by another sign relocated, whether on or off of the premises on which it was situated at the time that it became non-conforming without causing it to become a conforming sign under this article. These limitations shall not apply to the changing of messages or the contents of the sign. All non-conforming signs shall be removed at the time of a change in business on the premises upon which the sign is located.

   (c)   Non-conforming signs may be routinely maintained, but no repairs shall be made to them for the purpose of prolonging its anticipated life beyond what is reasonably anticipated as of the time such repairs are proposed to be made.

   (d)   Without the express, written consent of the village, no new signs, including, but not limited to, those capable of being permitted under this article may be erected on any premises upon which a non-conforming sign is located unless the non-conforming sign is brought into full compliance with this article or is removed.

   (e)   Non-conforming signs which have been abandoned in accord with § 13-1-95 lose their non-conforming status and shall be removed from the premises upon which they are located in accord with the procedures set forth in § 13-1-95. Thereafter, no sign may be erected on the same premises that is not in full compliance with the provisions of this article.

   (f)   A change in business or other use that necessitates a new sign message or sign structure shall require the sign be brought into conformance with the provisions of this article, including an application for a sign permit.

(Ord. passed 1-18-2021)

   The following signs are exempt from the regulations contained in this chapter.

   (a)   A sign posted by the village, a county, state, or federal agency.

   (b)   A sign integrated into or on an automatic teller machine, coin-operated machine, or vending machine.

   (c)   A sign carried by a person.

   (d)   A sign not visible from any public street, highway, sidewalk, bicycle path, or park.

   (e)   Street addresses and numbers as required by the U.S. Postal Service.

   (f)   Murals and other work of art that are not related by logo, pictorial depiction, or other means to the advertisement of any product or service or the identification of any business.

   (g)   Holiday lights and decorations containing no commercial message.

   (h)   Flags of the United States and the state and other countries or states, up to a maximum of three flags per parcel. If the flag is displayed on a flagpole, the maximum dimension of any flag shall be proportional to the flagpole height, and the hoist side of the flag shall not exceed 20% of the vertical height of the pole. Flags must be flow in accordance with protocol established by U.S. Congress. Any flag not meeting these requirements shall be considered a sign subject to the requirements of this article, and not allowed as an exemption under this section.

(Ord. passed 1-18-2021)

   A sign that is deemed to have been abandoned by the owner or user is subject to the following.

   (a)   Each sign advertising an on-premises business that has not been conducted upon or from the premises for six months in succession shall be removed by the owner of the premises upon which it is located, or his or her lessee of said property. All other abandoned signs shall be removed upon order of the Building Inspector.

   (b)   Dilapidated signs or signs beyond repair under the provision of Wis. Stats. § 66.0413, shall be removed upon order of the Building Inspector. For purposes of this subsection (b), a DILAPIDATED SIGN is one that is so old and out of repair as to become dangerous or unsafe, whether to the public at large or merely to guests and invitees on the premises on which it is located.

   (c)   In the event that the owner of a premises upon which an abandoned or dilapidated sign is situated, or his or her lessee fails or refuses to remove such sign, the village may, upon notice of its intent to remove it, sent by first class mail or personally delivered to the owner of the premises upon which the sign is located, remove the sign and impose the cost thereof against the real estate as a special charge under Wis. Stats. § 66.0627.

(Ord. passed 1-18-2021)

   (a)   General requirements.

      (1)   It shall be unlawful for any person to erect, construct, enlarge, modify, or move any sign for which a permit is required under this article without first obtaining a sign permit from the Zoning Administrator, Clerk, and highest elected official, as appropriate, in addition to being in compliance with all of the provisions of this article, each sign shall meet the structural requirements of the Village Building Code.

      (2)   Permits shall not be required for changes in messages, repainting, cleaning, normal maintenance, or other general refurbishing of any sign.

      (3)   For purposes of permits, a double-faced sign shall be equivalent of one sign.

      (4)   Sign permits issued by the Zoning Administrator, Clerk, and highest elected official, as appropriate, for the erection, construction, enlargement, modification, or moving of a sign shall be subject to the following time limitations: Work permitted by the permit issued shall commence within 60 days of the date of issue or the permit shall be null and void. Each sign or work on a sign subject to a permit shall be completed within six months after the date of the permit of the owner shall be required to apply for and receive another permit before continuing to work on the sign.

   (b)   Application. Each application for a sign permit shall be filed with the Zoning Administrator, Clerk, and highest elected official, as appropriate, on a form provided by that office prior to sign installation or modification. Each complete application shall include the following.

      (1)   Name, address, and telephone number of the applicant and property owner.

      (2)   Location of the building, structure, or lot upon which the sign is to be attached or erected.

      (3)   Name of the person, firm, corporation, or association erecting the sign.

      (4)   If located on land not owned by the owner of the sign subject to the application, the written consent or approval or a lease or other form of contract executed by the owner of the land on which the sign is to be placed, indicating that permission has been granted for placement of the sign at the location in question.

      (5)   A scale drawing of the proposed sign, indicating the design of the sign including colors to be used, the materials to be used in its construction, the proposed means of construction or erection, any lighting that is proposed for the sign, and a description of the means by which the sign will be attached to a building or other structure, or to the ground.

      (6)   A scale site plan showing the location of the building, other structure or site on a given premises to which the sign is to be attached or affixed, demonstrating the relationship of the sign to buildings and other structures on the premises and its property lines.

      (7)   Electrical permits applied for or obtained for the sign.

      (8)   Calculations demonstrating that the sign, as it is designed, meets the construction requirements of this article for dead load and wind pressure.

      (9)   A description of any existing signs that will remain on the site.

      (10)   At the time an application is submitted to the Zoning Administrator, Clerk, and highest elected official, as appropriate, for a sign permit under this article, the applicant shall pay the applicable fee in full with the fee to be determined in accord with the administrative fee schedule adopted annually by the Village Board and maintained on file with the Zoning Administrator, Clerk, and highest elected official, as appropriate.

   (c)   Basis for granting. In deciding whether or not to grant a sign permit, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall determine whether the proposed sign is in compliance with the provisions of this article; whether the sign is in compliance with all provisions of this chapter, including those related to traffic safety, traffic visibility, sign setbacks, and structural integrity; and whether other required village approval(s) has or has not been granted for the sign.

   (d)   Administration and enforcement.

      (1)   The Village Building Inspector shall be responsible for enforcing the requirements of this article.

      (2)   a.   Should any sign be erected or constructed that fails to meet all requirements of this article and any applicable building or electrical code, notwithstanding the fact that the owner thereof was granted a permit with which to construct it or, in other cases, that no permit was required under this article, the Building Inspector may provide notice to the owner of the premises upon which it is located that the sign be rebuilt to standards and that the owner, or his or her agent, shall have 30 to 90 days in which to do so.

         b.   The failure to do so shall result in the loss of the sign permit in cases where a sign permit is required. Signs that are subject to this subsection (d)(2) shall, if not rebuilt or reconstructed by the owner, be treated by the village as abandoned or dilapidated signs, subject to removal by the village in accord with this article.

      (3)   Violations of this article, if uncorrected in accord with the requirements of the notice provided by the village, shall be subject to imposition of a forfeiture in the amount of not less than $100 for each day such a violation continues, with each day constituting a separate violation.

      (4)   a.   Each violation of the requirements of this article pertaining to permanent signs is deemed by the village to create a public nuisance which endangers the health, safety, and general welfare of the citizens of the village.

         b.   Correspondingly, in addition to or as a complete alternative to pursuing the imposition of a forfeiture for violations of this article, the village may seek injunctive relief against the continued maintenance of such signs, requesting of the court that it order removal or authorize the village to do so at the expense of the owner of the premises on which the offending sign is located.

(Ord. passed 1-18-2021)

   (a)   Signable area. The signable area of a building is designated as the 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 signs may be displayed. In computing signable area, any facade which faces or abuts a public right-of-way may be utilized. Calculations may include parapet walls but shall exclude door and window openings.

   (b)   Measuring sign face. In calculating the area of a sign to determine whether it meets the requirements of this article, the Clerk shall include the sign copy and any border or frame surrounding that copy. Supporting posts or foundations shall be excluded from the area calculation. The area of irregularly shaped signs or signs containing two or more detached elements shall be determined by the area of the smallest regular polygon that will encompass all elements of the sign.

   (c)   Measuring sign height. The sign height shall be the vertical distance measured from the grade at the base of the sign structure to the highest point of such sign or sign structure. In the case where a sign is to be located in a raised planting bed or berm, the grade shall be determined by the average of the grades measured at the grade of the planting bed or the toes of the slope at the front and back of the bed or berm.

(Ord. passed 1-18-2021)

   (a)   All signs, other than temporary and portable signs, shall comply with all applicable provisions of state and village building and electrical codes at all times. Verification of compliance therewith may be required of the sign owner by the village.

   (b)   All freestanding signs or pole signs shall be self-supporting and permanently affixed to the real estate on foundations adequate to support their superstructures.

   (c)   Signs that use glass or transparent panels shall be constructed using tempered, safety glass only.

   (d)   All signs shall be constructed to withstand wind pressure of not less than 30 pounds per square foot, and shall be constructed so as to support dead loads in accord with the building code.

   (e)   Supports and braces shall be integral to the design of a sign. Angle irons, chains, or wire used for supports or braces shall be hidden from public view to the extent that this is physically feasible.

   (f)   No sign shall be suspended in such a fashion or manner that will allow it to swing in an unrestricted manner, whether due to wind or other causes, or to the extent that swinging may cause damage to the sign superstructure, supports, or foundation.

   (g)   All signs shall be appropriately maintained so as to present a neat and clean appearance off of the premises on which they are located.

(Ord. passed 1-18-2021)

   (a)   No signs are permitted in the triangle formed by the point at the corner of an intersection and points 15 feet from the corner along each street.

   (b)   Signs shall not be placed on utility poles, light standards, trees, utility pedestals, or boxes, or any similar structure.

   (c)   Signs shall not be attached or affixed to, or adhered to or drawn upon, any public street or sidewalk.

   (d)   Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices, and shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals, or devices.

   (e)   Color schemes and lettering styles shall be used consistently on all signage used on a single lot or shopping center.

(Ord. passed 1-18-2021)

   The following signs are permitted in all zoning districts without a permit, subject to the specified conditions.

   (a)   Temporary freestanding or wall signs on properties or buildings for sale, lease, or rent not exceeding eight square feet in area on one side or 16 square feet in area on all sides. If not attached to a wall, such signs shall be set back at least ten feet from a side or rear lot line, shall not be located in a public right-of-way, and shall be removed within ten days after the property or building is sold, leased, or rented.

   (b)   Temporary freestanding or wall signs on properties of buildings with an open house, grand opening, anniversary or special sale, not exceeding 16 square feet on one side, of 32 square feet in area on all sides. Side may be placed on the premises no earlier than seven days prior to the event in question and shall be removed no later than at the end of the last day of the event.

   (c)   As provided in Wis. Stats. § 12.04, election campaign signs are permitted in residential zoning districts subject to the following requirements.

      (1)   The sign shall not be erected prior to the first day of the “election campaign period” as defined in state statutes, and shall be removed within ten days following the election.

      (2)   Election signs shall not exceed 11 square feet in area unless the sign is affixed to a permanent structure; does not extend beyond the perimeter of the structure; and does not obstruct a window, door, fire escape, ventilation shaft, or other area which is required by the Village Building Code to remain unobstructed.

      (3)   No election campaign sign shall be placed within a public right-of-way, nor so close to a pedestrian way as to hinder or endanger safe passage.

   (d)   A temporary sign not to exceed eight square feet and shall not be displayed for more than 30 days in any given 12-month period of time on any given parcel.

(Ord. passed 1-18-2021)

   The following signs are permitted in all residential zoning districts, with a permit, subject to the following regulations.

   (a)   Permanent ground sign placed at the entrance to a subdivision or development, which shall be set back at least ten feet from a street right-of-way or side or rear lot line. The sign shall not exceed 20 square feet is size and six feet in height. The subdivider, condominium association, or homeowner’s association shall be responsible for paying all costs for maintenance of the sign and associated landscaping. Written agreements shall be on file between the village and the subdivider, condominium association, and/or homeowners association as to the maintenance and care of the sign and landscaping.

   (b)   Signs associated with a permitted, accessory, or conditionally allowed non-residential use. signage shall consist of no more than one monument sign not to exceed 20 square feet in size and six feet in height, together with one wall sign not larger than 15 square feet in size.

(Ord. passed 1-18-2021)

   The following signs are permitted in all zoning districts, other than residential districts, with a permit, subject to the following regulations.

   (a)   Awning signs. If an awning sign is used, no other signs may be affixed or attached to the exterior of the building to which it is joined. The area covered by awning signs shall not exceed 35% of the building face and awnings shall be at least seven feet above grade and shall not project outward from the building by more than seven feet. Internally lit awnings are prohibited, and lettering shall only be on the valance.

   (b)   Ground and pole signs.

      (1)   Shall not to exceed 30 feet in height above the mean centerline grade of the street upon which the premises on which they are placed has its only or principal frontage.

      (2)   Shall meet all setback requirements for the zoning district in question.

      (3)   Shall not exceed 120 square feet of total display face area, with a maximum of 60 square feet per side, including borders.

      (4)   No more than one ground of pole sign may be erected on a single premises.

      (5)   There shall be at least ten feet of clearance between each pole sign and the grade on which it is situated.

   (c)   Monument signs. Monument signs not to exceed 50 square feet in size nor to be more than ten feet in height above grade.

   (d)   Changeable copy signs. Electronic message boards or changeable copy reader boards may be included as part of on-premises ground or monument signs, subject to the following additional requirements.

      (1)   One changeable copy sign per business to be calculated as part of the total sign square footage.

      (2)   Segmented messages shall be displayed for not less than on-half second and for no more than ten seconds.

      (3)   Traveling messages shall be no slower than 16 light columns per second and no faster than 32 light columns per second.

   (e)   Projecting signs. Projecting signs fastened to, suspended from, or supported by other structures, and:

      (1)   Shall not exceed seven and one-half square feet in size;

      (2)   Shall not be more than five feet from the building face to which it is attached or affixed;

      (3)   Shall be located at least ten feet from all side lot lines;

      (4)   Shall not exceed a height of 20 feet above the mean centerline grade of the street upon which the premises on which they are placed has its only or principal frontage; and

      (5)   Each projecting sign shall at its lowest point be not less than ten feet above a sidewalk or 15 feet from the edge of any alley or driveway.

   (f)   Menu boards. Menu boards are not to exceed two per drive-through or walk-up food establishment.

   (g)   Wall signs.

      (1)   Shall not exceed three times linear frontage plus an additional 25% of said calculated frontage for corner lots in total size.

      (2)   Shall not exceed 20 feet in height above the mean centerline grade of the street upon which the premises on which they are placed has its only principal frontage, provided that on corner lots such signs are not placed on the front facade of the building, further defined to mean that side of the building facing the front yard of the lot on which it is situated.

   (h)   Window signs. Window signs shall be calculated as part of the total sign square footage.

   (i)   Roof signs.

      (1)   Shall not exceed ten feet in height above the roof of the structure to which they are attached or affixed.

      (2)   Shall meet all height restrictions for the zoning district in which the site is located.

      (3)   Shall be calculated as part of the total sign square footage for any one premises.

   (j)   Joint business signs and industrial business signs. No more than one joint business sign shall be allowed for the exterior of each building, facing the street or a highway in the event that there are three or more tenants in a building. As a complete alternative, separate individual business signs for each tenant or occupant of a building which has a separate and direct exit to and front the exterior building may be allowed listing the business by name.

   (k)   Ground poles or roof signs on premises. No more than one ground, pole, or roof sign for each business on a given premises.

(Ord. passed 1-18-2021)

   (a)   The following restrictions on illumination of signs shall apply in all zoning districts.

      (1)   No illuminated sign shall cause any reflection or glare upon any public street, highway, or sidewalk, nor create glare on adjoining private properties.

      (2)   Exposed lighting media such as light bulbs and tubes are prohibited. All external sources of illumination must be hidden from view by the planting of vegetation, such as shrubbery, or by being camouflaged by non-vegetative means, subject to the approval of the village.

   (b)   No sign which is allowed to be erected or constructed without a permit shall be illuminated without the express permission of the village.

(Ord. passed 1-18-2021)

   (a)   In addition to the temporary signage allowed under §§ 13-1-94 and 13-1-100, the following temporary and portable signage may be allowed subject to review and approval of a sign permit.

      (1)   Flag signs or banners may be approved on a temporary basis in any district by the Plan Commission following a review and recommendation by the Zoning Administrator, Clerk, and highest elected official, as appropriate. Temporary sign permits shall not be granted for a period of more than three weeks, and each business or organization shall be limited to two temporary sign permits for a flag sign or banner in any 12-month period. Banners displayed above a street shall not exceed 120 square feet in area on each side. Banners attached to a building or other structure shall not exceed 32 square feet in area.

      (2)   A temporary sign other than a flag or banner may be allowed in any district for up to 30 days in any given calendar year provided the sign is not permanently mounted or affixed to the ground. The sign area shall not exceed 32 square feet on one side or 64 square feet on all sides, and shall be at least ten feet from a property line (except in the Downtown-Mixed Use District). Only one temporary sign may be located on a lot. Each business or organization shall be limited to two temporary sign permits in any 12-month period.

      (3)   a.   To be placed on premises for no more than seven consecutive days at one time and for not more than three such periods per calendar year.

         b.   Maximum size to be limited to 25 square feet per sign with double-faced signs each qualifying for this maximum size.

(Ord. passed 1-18-2021)

   No billboards shall be allowed at any place in the village. This prohibition does not include off-premises signs, however, advertising businesses in the village.

(Ord. passed 1-18-2021)

   The following types of signs are prohibited:

   (a)   Animated signs, signs containing beacons or signs containing moving lights, and other than revolving signs;

   (b)   Flashing signs; and

   (c)   Signs containing or consisting of bare reflecting bulbs.

(Ord. passed 1-18-2021)

   (a)   Appeals. The Board of Appeals shall be authorized to hear appeals from decisions of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or Building Inspector. Appeals may be taken within 30 days of issuance of written notice of a determination of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or Building Inspector.

   (b)   Special exceptions.

      (1)   Applicability and procedure. Following submittal of a complete special exception application, the Plan Commission may grant a special exception to one or more requirements in this article. The application requirements and procedure for, and other requirements associated with, a special exception shall be the same as those for a conditional use permit under § 13-1-125, except as follows.

         a.   The application for special exception shall also include materials required to obtain a sign permit under § 13-1-96.

         b.   The criteria for consideration of a special exception shall be those in subsection (b)(2) below.

      (2)   Criteria. No special exception shall be granted unless the Plan Commission finds that the sign(s) authorized thereby, as limited by an enforceable condition, will meet all of the following criteria.

         a.   Consistent with the purpose and intent of this chapter and this section.

         b.   Not negatively affecting the reasonable use and development of nearby properties of the community.

         c.   Compatible with existing signage on and visible from the subject site and not significantly exceeding the height, area, or quantity of such existing signage.

         d.   Proportional with the scale of the subject site and the building(s) and use(s) on the subject site to which the sign relates or advertises.

         e.   Not hazardous, harmful, or otherwise adverse to the natural environment and aesthetic value of the site, nearby properties, and the community.

         f.   Not negatively affect the safe and efficient installation, use, and maintenance of public facilities serving the area, including, but not limited to, roadways, sidewalks and paths, and utilities.

         g.   Supported by evidence that normally applicable requirements do not provide for sufficient visibility for the proposed signage or use(s) it advertises, such as a highway visibility study for freestanding signage that exceeds normally applicable height or area requirements.

(Ord. passed 1-18-2021)

   The purpose of this article is to establish regulations for signal received antennas and wireless telecommunication facilities.

(Ord. passed 1-18-2021)

   (a)   Purpose. This section regulating the placement of signal receiving antennas is adopted to:

      (1)   Provide uniform regulation of all signal receiving antenna devices;

      (2)   Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;

      (3)   Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the antenna; and

      (4)   Provide for placement of such antennas in locations that preserve access to rear property areas by firefighting apparatus and emergency personnel.

   (b)   Permit required. No owner shall, within the village, build, construct, use, or place any type of signal receiving antenna until a permit shall have first been obtained from the Zoning Administrator, Clerk, and highest elected official, as appropriate.

   (c)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

      OWNER. The holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple, or for life, but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his or her interest. The personal representative of at least one owner shall be considered an OWNER.

      SIGNAL RECEIVING ANTENNA. Any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. This definition includes all types of signal receiving antennas, including, without limitation, parabolic antennas, home earth stations, satellite television disks, UHF and VHF television antennas, and AM, FM, ham, and short-wave radio antennas, regardless of the method of mounting.

   (d)   Application. Application for a signal receiving antenna permit shall be made in writing to the Zoning Administrator, Clerk, and highest elected official, as appropriate. With such application, there shall be submitted a fee as set forth in the village’s annual fee schedule and a sufficient set of mounting plans and specifications, including a general plot plan showing the location of the proposed signal receiving antenna with respect to streets, lot lines and buildings. If such application meets all requirements of this Section, the application shall be approved.

   (e)   Installation standards. Signal receiving antennas installed in any zoning district within the village shall comply with the following provisions.

      (1)   Setbacks.

         a.   Any signal receiving antenna and its mounting post shall be located a minimum of ten feet from any property line.

         b.   Subject to the provisions herein, signal receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property. For corner lots, a side yard is only a yard that does not face a street.

         c.   If a side yard, front yard, or roof mounting is requested, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.

      (2)   Mounting. Signal receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading, and complies with applicable state and local building code requirements. The Zoning Administrator, Clerk, and highest elected official, as appropriate, may require engineering calculations.

      (3)   Diameter. The diameter of the signal receiving antenna shall not exceed 15 feet in diameter, except for systems used to provide community antenna television services.

      (4)   Height.

         a.   A ground-mounted signal receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed 18 feet in height, as measured from the ground to the highest point of the dish.

         b.   A roof-mounted antenna may not exceed 15 feet in height above the surrounding roof line as measured from the lowest point of the existing roof line.

      (5)   Wind pressure. All signal receiving antennas shall be permanently mounted in accordance with the manufacturer’s specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 mph.

      (6)   Electrical installations. Electrical installations in connection with signal receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, State Electrical Code, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground. If a signal receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables, and conduits must also be buried. The location of all such underground lines, cables, and conduits shall be shown on the application for a permit. All signal receiving antennas shall be grounded against direct lightning strikes.

      (7)   Temporary placement. No portable or trailer-mounted signal receiving antenna shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall first give written notice to the Zoning Administrator, Clerk, and highest elected official, as appropriate, of the date when such placement shall begin and end.

      (8)   Advertising. No form of advertising or identification, sign, or mural is allowed on the signal receiving antenna other than the customary manufacturer’s identification plates.

      (9)   Interference with broadcasting. Signal receiving antennas shall be filtered and/or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting, or reception, on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the signal receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with the Federal Communications Commission regulations.

      (10)   Compliance with federal regulations. The installation and use of every signal receiving antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984, being 47 U.S.C. §§ 521 et seq., and regulations adopted thereunder.

      (11)   Aesthetic considerations. Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.

   (f)   Enforcement.

      (1)   It shall be unlawful to construct, use, build, or locate any signal receiving antenna in violation of any provisions of this section. In the event of any violation, the Village Board or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this section.

      (2)   Any person, firm, or corporation who fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty under the village’s forfeiture schedule.

(Ord. passed 1-18-2021)

   (a)   Purpose and intent.

      (1)   The purpose and intent of this section is to strike a balance between the state and federal interest concerning the construction, modification, and siting of mobile service facilities and mobile service support structures for use in providing personal wireless services, and the village’s interest in:

         a.   Protecting residential areas and land uses from the potential adverse impacts of towers and antennas;

         b.   Minimizing the total number of towers throughout the community;

         c.   Encouraging the joint use of new and existing tower sites as a primary siting option rather than construction of additional single-use towers; and

         d.   Avoiding potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

      (2)   This section establishes regulations for:

         a.   The siting and construction of any new mobile service support structure and facilities;

         b.   With regard to a Class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and

         c.   With regard to a Class 2collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

      (3)   The regulations contained in this section shall be interpreted to comply with Wis. Stats. § 66.0404, and any amendments thereto. Any provisions within the code that conflicts with the village’s authority under Wis. Stats. § 66.0404, shall not be applied to new mobile service support structure and facilities, Class 1 collocation, or Class 2 collocation.

   (b)   Authority. The village has the specific authority under Wis. Stats. §§ 61.35, 62.23, and 66.0404, to adopt and enforce this section.

   (c)   Definitions. Unless expressly indicated, all terms in this section shall have the meanings established in Wis. Stats. § 66.0404(1).

   (d)   Siting and construction of any new mobile service support structure and facilities.

      (1)   A village zoning permit is required for the siting and construction of any new mobile service structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the village obtainable with this permit through the conditional use permit process.

      (2)   An application for a permit to engage in the siting or construction of a new mobile service support structure and facilities shall be submitted in writing to the Zoning Administrator, Clerk, and highest elected official, as appropriate. The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall submit a copy of the application to the Building Inspectors for review and recommendation on all structural requirements. The application shall contain the following information.

         a.   The name and business address of, and the contact individuals for, the applicant.

         b.   The location of the proposed or affected support structure.

         c.   The location of the proposed mobile service facility.

         d.   If the application is the substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

         e.   If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

         f.   If the application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant’s search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

         g.   If the application is to construct a new mobile service support structure, the application shall demonstrate that the structure will be located a distance from any residential dwelling structure that is equal to the height of the mobile service support structure, plus ten feet measured from the base of the support structure to the nearest portion of the residential dwelling structure (including roof overhangs, porches, and patios). Alternatively, the applicant may demonstrate through submittal of an engineering certification showing that the mobile service support structure is designed to collapse within a smaller distance than the height of the structure.

         h.   The fee for the permit shall be as established in the village fee schedule (but may not exceed $3,000, per Wis. Stats. § 66.0404(4)(d)).

      (3)   The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall inform the applicant within ten days of receipt of the application if the application is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.

      (4)   Within 90 days of receipt of a completed application, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall issue a written decision to approve or deny the application. If the application is denied, the written decision shall set forth the reasons for denial based upon substantial evidence. The Zoning Administrator, Clerk, and highest elected official, as appropriate, and the applicant may agree in writing to an extension of the 90-day period.

      (5)   Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.

      (6)   Pursuant to Wis. Stats. § 66.0404(2)(f), the decision of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or of the Village Board under subsection (d)(4) above, is a final decision appealable to circuit court.

   (e)   Class 1 collocation.

      (1)   A village zoning permit is required for a Class 1 collocation. A Class 1 collocation is a conditional use in the village obtainable with this permit through the conditional use permit process of this chapter.

      (2)   An application for a permit to engage in a Class I collocation shall be completed by the applicant and submitted in writing to the Zoning Administrator, Clerk, and highest elected official, as appropriate. The application must contain, at a minimum, the following information.

         a.   The name and business address of, and the contact individuals for, the applicant.

         b.   The location of the proposed or affected support structure.

         c.   The location of the proposed mobile service facility.

         d.   If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

         e.   The fee for the permit shall be as established in the village fee schedule (but may not exceed $3,000, per Wis. Stats. § 66.0404(4)(d)).

      (3)   The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall inform the applicant within ten days of receipt of the application if the application is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.

      (4)   Within 90 days of receipt of a completed application, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall issue a written decision to approve or deny the application. If the application is denied, the written decision shall set forth the reasons for denial based upon substantial evidence. The Zoning Administrator, Clerk, and highest elected official, as appropriate, and the applicant may agree in writing to an extension of the 90-day period.

      (5)   Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.

      (6)   Pursuant to Wis. Stats. § 66.0404 (2)(f), the decision of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or of the Village Board under subsection (d)(4) above, is a final decision appealable to circuit court.

   (f)   Class 2 collocation.

      (1)   A village zoning permit is required for a Class 2 collocation. A Class 2 collocation is a permitted use in the village, but still requires the issues of a village building and zoning permit.

      (2)   An application for a permit to engage in Class 2 collocation shall be completed by the application and submitted in writing to the Zoning Administrator, Clerk, and highest elected official, as appropriate. The application must contain, at a minimum, the following information.

         a.   The name and business address of, and the contact individuals for, the applicant.

         b.   The location of the proposed or affected support structure.

         c.   The location of the proposed mobile service facility.

      (3)   The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall inform the applicant within five days of receiving the application if the applicant is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.

      (4)   Within 45 days of receipt of a completed application, the Building Inspector shall issue a written decision to approve or deny the application, except that the Zoning Administrator, Clerk, and highest elected official, as appropriate, and the applicant may agree in writing to an extension.

      (5)   Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.

      (6)   Pursuant to Wis. Stats. § 66.0404(2)(f), the decision of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or of the Village Board under subsection (d)(4) above, is a final decision appealable to circuit court.

   (g)   Abandonment.

      (1)   If a mobile service support structure shall cease to be used for a period exceeding one year and a day, it shall be considered abandoned. The owner or operator of said structure shall remove the structure and related improvements upon at no cost to the village within 90 days thereafter, and return the site to an erosion and dust-free condition. Prior to the issuance of any building or zoning permits to construct the support structure, a performance bond shall be provided to guarantee that a support structure that has ceased being used for mobile service facilities purposes is removed. The bond amount shall be the lesser of $20,000 or an amount based on a written estimate of a person qualified to remove such structures. Responsibility to remove the abandoned structure may be assigned to the owner of the property upon which the structure is located of any other mobile service provider with facilities on the structure upon notice to the Zoning Administrator, Clerk, and highest elected official, as appropriate, that such assigned have been made, and accepted and filing of a new bond for the new responsible party. Notwithstanding the forgoing, the owner of property upon which the structure sits may be held jointly and severally liable by the village for the obligation and cost of removal of any abandoned structure and in the event the structure is not removed in accordance with this section, upon 60 days’ notice, the village may cause the structure to be removed and assess the cost thereof to the property under Wis. Stats. § 66.0627.

   (h)   Structural requirements. Every mobile service support structure and mobile service facility shall be designed and constructed so as to comply with the requirements of Title 15 of the village’s code of ordinances, and International Building Code (IBC) 3108, as amended from time to time. If, upon inspection, the Building Inspector concludes that a structure of facility fails to comply with such codes in effect at the time of construction, and constitutes a danger to persons or property, then upon notice being provided to the owner of the structure or facility, the owner shall have 30 days or such time as determined by the Building Inspector to bring such tower into compliance with said codes. Failure to bring such structure or facility into compliance within said 30 days or such time as determined by the Building Inspector shall constitute grounds for the removal of the structure or facility at the owner’s expense.

   (i)   Tower and building design. All new mobile service support structures and facilities shall be designed as follows.

      (1)   Mobile service facilities and mobile service support structures shall be constructed out of metal or other nonflammable material.