This article shall be known as the "Outagamie County Highway 41 Overlay District."

(Code 1992, § 17.53(1)(a); Ord. No. Z-33-96, 3-25-1997)

The purpose of this article is to protect and promote the health, safety, aesthetics and general welfare of the present and future residents of the Town of Vandenbroek, Outagamie County, by:

(1)

Regulating and restricting the location and use of buildings, structures and land for trade, industry, residences and other uses for compatibility and aesthetic reasons.

(2)

Lessening the danger and congestion of traffic on the roads and highways; limiting the number of intersections, driveways and other friction points; minimizing other hazards; and insuring the continued usefulness of all elements of the existing highway system for their planned function.

(Code 1992, § 17.53(1)(b); Ord. No. Z-33-96, 3-25-1997)

This article is designed to determine, establish, regulate and restrict development in an area adjacent to United States Highway 41 (USH 41). The jurisdiction of these regulations shall include all lands within 1,320 feet from the centerline of this highway, within the Town of Vandenbroek.

(Code 1992, § 17.53(1)(c); Ord. No. Z-33-96, 3-25-1997)

(a)

The provisions of this article shall be considered minimum requirements. Where the provisions of this section impose greater restrictions than any statute, other regulation, or ordinance, the provisions of this section shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this section, the provisions of such statute, other regulation, ordinance or covenant shall prevail.

(b)

Words used in the present tense shall include the future tense, words used in the singular number shall include the plural number, and words used in the plural sense shall include the singular. The word "shall" is mandatory and the word "may" is permissive.

(Code 1992, § 17.53(1)(d); Ord. No. Z-33-96, 3-25-1997; Ord. of 6-24-1997, § 17.53(5))

The purpose of this division is to provide some general controls for the development that will occur within the affected corridors. The reasons for this control is to protect the location and use of buildings, structures and land for compatibility and aesthetic reasons.

(Code 1992, § 17.53(2)(a); Ord. No. Z-33-96, 3-25-1997)

All principal buildings and structures shall be required to be setback at least 55 feet from the right-of-way. This setback requirement shall apply to U.S. Highway 41 as well as all roadways that intersect with U.S. Highway 41.

(Code 1992, § 17.53(2)(b); Ord. No. Z-33-96, 3-25-1997)

(a)

All areas on any nonagricultural or nonresidential site not used for buildings, storage, parking, walks, access roads and loading areas shall be suitably graded and seeded, and maintained in grass and landscaped with trees and shrubs so as to provide a park-like setting for the buildings.

(b)

Landscaping shall be properly maintained in an attractive and well-kept condition including replanting and replacement of plants as may be necessary.

(c)

Landscaping plans shall be submitted and approved by the County Agriculture, Extension Education, Zoning and Land Conservation Committee prior to the issuance of a building permit.

(Code 1992, § 17.53(2)(c); Ord. No. Z-33-96, 3-25-1997)

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

Billboards means an advertising sign used to advertise goods, services, establishments or organizations located off-premises. Billboards are principle use of land and are restricted to commercial zoning districts as a special use.

(Code 1992, § 17.53(3)(a); Ord. No. Z-33-96, 3-25-1997)

Boards are recognized as a legitimate form of commercial use; however, the size, number and location of billboards can have significant influence on the visual environment of the area. The purpose of this division is to provide reasonable billboard control, recognizing that community appearance is an important factor in ensuring the general welfare of the community.

(Code 1992, § 17.53(3)(b); Ord. No. Z-33-96, 3-25-1997)

Spacing and setbacks shall be as follows:

(1)

No billboards shall be located within 1,320 feet of another billboard.

(2)

No billboard shall be located within 1,000 feet of the intersecting centerlines of two roadways, as measured in all directions.

(3)

No billboard shall be located within 500 feet of an existing residence, residential district, historic district, park, school, church, hospital, cemetery, government building, neighborhood shopping center or downtown commercial district.

(4)

The highway setback for billboards shall be 55 feet from the right-of-way.

(Code 1992, § 17.53(3)(c); Ord. No. Z-33-96, 3-25-1997)

Design standards shall be as follows:

(1)

The maximum area of billboards shall be 700 square feet per structure, inclusive of border and trim, but exclusive of base supports or other structural members.

(2)

Billboards which are back-to-back, side-by-side, bottom-on-top, and V-shaped shall be considered as one structure if they are physically contiguous and share a common structure in whole or in part.

(3)

The maximum height of a billboard shall be 30 feet, including supports, base, etc.

(4)

Billboards may be illuminated, subject to the following restrictions:

a.

Billboards which contain, include or are illuminated by any flashing, intermittent or moving lights are prohibited, except for the purpose of giving public service information, such as time, temperature, and the like.

b.

Billboards which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled portion of a highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle are prohibited.

c.

No billboard shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.

d.

Billboards which are not effectively shielded as to prevent beams or rays of light from being directed at or towards a residence are prohibited.

(5)

Billboards shall contain no moving parts.

(6)

Billboards shall not contain copy which simulates any traffic sign in a manner which confuses the public.

(7)

Billboards shall not contain devices which emit audible sound, odor or particulate matter.

(8)

Wall-mounted and roof-mounted billboards are prohibited.

(9)

All back or rear portions of a billboard visible from a public right-of-way, residence or residential district shall be covered or screened to present an attractive and finished appearance.

(10)

No billboard shall be erected on more than four steel uprights and all newly permitted billboards shall include an apron or trim around the face of the sign.

(11)

All billboards shall have no less than eight feet of under-clearance.

(12)

All new structures shall be engineered to withstand a wind load pressure of 30 pounds per square foot. A structural blueprint with engineering specifications and a certified engineer's signature shall accompany the application for conditional/special use permit.

(Code 1992, § 17.53(3)(d); Ord. No. Z-33-96, 3-25-1997)

All billboard structures shall be maintained in an orderly condition. Any structure which is highly rusted, has peeling paint or in any other way appears unattractive or in disrepair shall be deemed in violation of this division and shall be removed or repaired in accordance with the provisions of this division. Any structure which is identified as being an immediate threat to public safety by the county zoning administrator or town building inspector may be removed without notice to the owner of the structure and at the owner's expense.

(Code 1992, § 17.53(3)(e); Ord. No. Z-33-96, 3-25-1997)

Regulations regarding nonconforming billboards are as follows:

(1)

Billboards lawfully existing on the effective date of the ordinance from which this section is derived [March 25, 1997], which do not conform to the provisions of this section shall be considered legal nonconforming structures and may remain, as provided below:

a.

Such billboard shall not be enlarged, extended or structurally altered or reconstructed in any manner.

b.

Repairs to the structure are permissible provided that they do not result in the replacement of more than 50 percent of the structure or more than 50 percent of the structure's appraised value.

c.

A legal nonconforming billboard that is damaged or destroyed to an extent exceeding 50 percent of the appraised value shall be removed.

(2)

Billboards which did not lawfully exist prior to the effective date of the ordinance from which this section is derived [March 25, 1997] shall be considered illegal and shall be removed or made to conform to the provisions of this division. Removal shall be performed by the owner of the billboard following a notice of violation. Should the owner of the structure fail to meet the requirements of the notice, the billboard shall be removed by the community at the owner's expense.

(Code 1992, § 17.53(3)(f); Ord. No. Z-33-96, 3-25-1997)

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

Exempt signs means signs that are clearly incidental to the principal use of the property and that are generally informational and contain no commercial message, such as "entrance," "no parking" or other similar directives. Also exempt are any public notice or warnings required by a valid and applicable federal, state or local law, regulation or ordinance.

Permitted signs, includes, for the purpose of this chapter, those signs used to identify a business located on-premises.

Prohibited signs means signs which carry a commercial message other than the business name. Also prohibited are portable signs, beacons, the thered balloons and other inflatable signs, and flashing signs except for time, temperature or other public service information.

Property means all contiguous parcels of land under single ownership.

(Code 1992, § 17.53(4)(a); Ord. No. Z-33-96, 3-25-1997)

The purpose of these sign regulations are to encourage the effective use of signs as a means of communication; to maintain and enhance the aesthetic environment and the community's ability to attract sources of economic development and growth; to improve traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable fair and consistent enforcement of these regulations.

(Code 1992, § 17.53(4)(b); Ord. No. Z-33-96, 3-25-1997)

Design standards are as follows:

(1)

Area. All property shall be allowed 200 square feet of on-site identification signage per 500 feet of lineal street frontage. Every property shall be allowed a minimum of 200 square feet. The maximum allowable area shall be 350 square feet. If the sign is a multifaced sign, the allowable area shall apply to each face, as long as only the face is visible from any location at a time.

(2)

Number of signs. The maximum allowable number of signs that will be permitted per property is two. Multifaced signs that share a common support structure shall be considered one sign.

(3)

Sign height. The maximum height of a sign shall be determined by the height regulations contained within the underlying zoning classification.

(4)

Setback. All signs shall be subject to 55-foot setback from the highway right-of-way.

(Code 1992, § 17.53(4)(c); Ord. No. Z-33-96, 3-25-1997)

The following principals shall control the computation of sign area and sign height.

(1)

Computation of area of individual signs. The area of a sign face, which is also the sign area of a wall sign or other sign with only one face, shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

(2)

Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

(3)

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the higheat attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction, or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.

(Code 1992, § 17.53(4)(d); Ord. No. Z-33-96, 3-25-1997)

All signs shall be maintained in an orderly condition. Any sign which is highly rusted, has peeling paint or in any other way appears unattractive or in disrepair shall be deemed in violation of this chapter and shall be removed or repaired in accordance with the provisions of this chapter. Any structure which is identified as being an immediate threat to public safety by the county zoning administrator or town building inspector may be removed without notice to the owner of the structure and at the owner's expense.

(Code 1992, § 17.53(4)(e); Ord. No. Z-33-96, 3-25-1997)

(a)

Signs lawfully existing on the effective date of the ordinance from which this section is derived which do not conform to the provisions of this section shall be considered legal nonconforming signs and may remain as provided in the following provisions:

(1)

Such signs shall not be enlarged, extended or structurally altered or reconstructed in any manner.

(2)

Repairs to the structure are permissible provided that they do not result in the replacement of more than 50 percent of the structure or more than 50 percent of the structure's appraised value.

(3)

A legal nonconforming sign that is damaged or destroyed to an extent exceeding 50 percent of the appraised value shall be removed.

(b)

Signs which do not lawfully exist prior to the effective date of the ordinance from which this section is derived shall be considered illegal and shall be removed or made to conform to the provisions of this section. Removal shall be performed by the owner of the billboard following a notice of violation. Should the owner of the structure fail to meet the requirements of the notice, the billboard shall be removed by the community at the owner's expense.

(Code 1992, § 17.53(4)(f); Ord. No. Z-33-96, 3-25-1997)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All terminology used in this section not defined in this subsection shall be in conformance with applicable publications of the American National Standard Institute (ANSI) or its successor body.

A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using an A-weighing network. The level so read is designated dB(A) or dBA.

Construction means any site preparation, assembly, erection, substantial repair, alteration or similar actions, but excluding demolition for or of public or private right-of-way, structures, utilities or similar property.

Decibel (dB) means a unit for measuring the volume of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons) per square meter.

Equivalent A-weighted sound level (Leq) means the equivalent steady-state sound level, which in a stated period of time contains the same acoustic energy as the time-varying sound level during the same time. For purposes of measuring or predicting noise levels, a receptor is assumed to be at ear height, located five feet above the ground surface. The term "Leq(h)" means the hourly value of Leq.

Habitable room means any room meeting the requirements of the uniform building code or other applicable regulations which is intended to be used for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.

Local planning agency (LPA) means the county zoning department.

Outdoor living area means spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas; barbeque areas; residential play areas; outdoor patient recovery or resting areas associated with hospitals, convalescent hospitals or rest homes; and outdoor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas not included in this definition are: front yard areas, driveways; greenbelts; maintenance areas and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and outdoor areas associated with school facilities that are not typically used for educational uses prone to adverse noise impacts (for example: school play yard areas).

Person means any individual, association, partnership or corporation and includes any officer, employee, department, agency or instrumentality of the state or any political subdivision of the state.

Residential area means as defined in section 64-635.

Sound means an oscillation in pressure, partial displacement, perticle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

Sound level means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighing network, such as A, B or C, as specified in American National Standards Institute Specifications for sound level meters (ANSI S1.4-197, or latest approved revision). If the frequency weighing employed is not indicated, the A-weighing shall apply.

Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure levels.

(Code 1992, § 17.53(5)(a); Ord. No. Z-33-96, 3-25-1997)

Land use control is a crucial component to highway-generated noise abatement. Local government has a responsibility to discourage the development of noise-sensitive land uses such as homes and schools adjacent to highway corridors. It is the purpose of this division to minimize the adverse effects of noise through land use controls.

(Code 1992, § 17.53(5)(b); Ord. No. Z-33-96, 3-25-1997)

(a)

No owner of any land within the jurisdiction of this article shall commence or cause to be commenced construction of any structure unless approved by the local planning agency (LPA).

(b)

Any application for approval required shall be submitted in writing to the local planning agency (LPA) by the owner of the land or agent representing the owner on which the structure is proposed to be constructed and shall contain the following information:

(1)

Identification of the land on which the construction is proposed, including the tax parcel number and legal description.

(2)

Information and data supporting the claim that the appropriate requirements will be met.

(3)

Any other information which the local planning agency (LPA) may reasonable require.

(4)

Construction restrictions for habitable and institutional structures.

a.

No new single-family residential structure shall be approved for construction (excluding substantial repair or alteration) if any exterior hourly traffic sound level Leq(h) anywhere within a proposed outdoor living area is projected to be equal to or in excess of 66 dBA, as depicted in the noise contour analysis. The required setback along U.S. Highway 41, shall be based upon a noise analysis performed by the developer according to the standards outlined in Wis. Admin. Code TRANS 405.

b.

No new multiple-family residence, dormitory, mobile home park, transient lodging, school, hospital, nursing home or similar structure, or substantial modification of such existing structure shall be approved for construction if any exterior hourly sound level Leq(h) anywhere within a proposed outdoor living area on the site is projected to be equal to or in excess of 66 dBA, as shown in the noise contour analysis. The required setbacks are identified in subsection (4)a of this section.

(5)

Recreational area restrictions.

a.

No land shall be designated or approved for construction or use as public or private exterior recreational area, including, but not limited to, children's playgrounds, outdoor theaters and amphitheaters, picnic grounds, tennis courts and swimming pools, if any exterior Leq(h) anywhere on the site of the proposed recreational area is projected to be equal to or in excess of 66 dBA, as shown in the noise contour analysis. The required setbacks are identified in subsection (4)a of this section.

b.

This section does not apply to the designation or approval of any greenbelt or open space provided that no recreational improvement or facility is constructed thereon.

c.

Designation or approval of exterior recreational area otherwise prohibited under subsection (5)a of this section, shall be allowed if the noise level specified in that subsection can be achieved by appropriate means of sound attenuation, such as berms, barriers, or buildings at the perimeter of or elsewhere on the site.

d.

No new interior recreational facility, including, but not limited to, gymnasiums, ice or roller skating rinks, indoor swimming pools, and tennis courts, shall be approved for construction if the Leq(h) anywhere on the site is to be equal to or in excess of 66 dBA unless there is incorporated into the design and construction of the structure such sound attenuation measures as necessary to reduce the maximum Leq(h) to 51 dBA.

(6)

Site study requirements.

a.

If the local planning agency (LPA) has reason to believe that a full report is necessary to determine whether a proposed project is prohibited, such report shall be made by the applicant prior to approval of any subdivision, zoning or building permit application. If a full report has not been presented and the applicant believes the project was wrongfully prohibited, he may file a full report within 21 days of the local planning agency (LPA) decision and request reconsideration. A full report shall contain the following information and any other information which the local planning agency (LPA) may reasonably require:

1.

The existing maximum hourly traffic sound level, Leq(h), for a representative sample of locations, measured in accordance with the guidelines presented in "Sound Procedures for Measuring Highway Noise: Final Report," August 1981, U.S. Department of Transportation, Federal Highway Administration, Arlington, VA, or modeled according to a methodology consistent with the FHWA Highway Traffic Noise Prediction Model (Report No. FHWA-RD-77-108);

2.

The projected future Leq(h) at the site resulting from traffic increases; and

3.

Where applicable, plans for sound attenuation measures on the site and/or of the structure proposed to be built and the amount of sound attenuation anticipated as a result of these measures.

b.

In determining whether an applicant should be required to submit a full report pursuant to subsection (6)a.1 of this section, the local planning agency (LPA) shall consider the state department of transportation's Wis. Admin. Code, ch. TRANS 405 and the Federal Highway Administration's Procedures for Abatement of Highway Traffic Noise and Construction Noise, Title 23, CFR, Chapter I, subchapter J, part 772.

(7)

Truth in selling or renting. No person shall sell or rent, or cause to be sold or rented, any structure after March 25, 1997, or property to be used for human habitation where the structure or property is projected to be exposed to sound levels regularly equal to or in excess of 66 dBA, Leq(h), as per the noise contour analysis, without making full written disclosure to all potential buyers or renters of the existence of such sound levels and of the nature of the sources.

(Code 1992, § 17.53(5)(c)—(g); Ord. No. Z-33-96, 3-25-1997; Ord. of 6-24-1997, § 17.53(5))