The jurisdiction of this chapter shall include
all structures, lands and waters within the corporate limits of the
Village of Saukville.
No structure, land or water shall hereafter
be used and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted, or structurally
altered except in conformity with the regulations herein specified
for the district in which it is located.
Unless specifically exempt by law, all cities,
villages, towns, and counties are required to comply with this chapter
and obtain all required permits. State agencies are required to comply
if § 13.48(13), Wis. Stats. applies. The construction, reconstruction,
maintenance, and repair of state highways and bridges by the Wisconsin
Department of Transportation are exempt from compliance when § 30.2022,
Wis. Stats. applies.
[Amended 9-3-2013 by Ord. No. 740; 10-7-2014 by Ord. No. 751]
The Zoning Administrator is hereby authorized
and designated to be the administrative and enforcement officer for
the provisions of this chapter. The duties of the Zoning Administrator
shall include interpreting, administering and enforcing this chapter.
Permits required by this chapter shall be issued by, and enforcement
of the terms and conditions thereof shall be carried out by the Zoning
Administrator and Building Inspector or their designees, as specified.
Additional duties shall include:
A.
Maintain records of all permits issued, inspections
made, work approved, and other official actions.
B.
Keep records of the main floor elevations of all structures
erected, moved, altered, or improved in the floodland districts.
C.
Inspect all structures, lands, and waterways as often
as necessary to assure compliance with this chapter.
D.
Investigate all complaints made relating to the location
of structures and the use of structures, lands, and waterways; give
notice of all violations of this chapter to the owner, resident, agent,
or occupant of the premises, and report uncorrected violations to
the Village Attorney in writing.
E.
Obtain the assistance and cooperation of the Village
Police Department and Village Attorney, as deemed necessary, in the
prosecution of chapter violations.
F.
Conduct inspections of premises and structures during
reasonable hours as deemed necessary to ensure compliance with this
chapter. If entry is refused after presentation of identification,
the inspector may procure a special inspection warrant in accordance
with § 66.0119, Wis. Stats.
G.
Prohibit the use or erection of any structure, land
or water until it has been inspected and approved for such use or
erection.
H.
Attend and support all meetings of the Village Plan
Commission, Village Community Development Authority, Village Architectural
Review Board, and the Village Board of Zoning Appeals.
I.
Make available to the public, to the fullest extent
possible permitted by law, all reports and documents concerning the
Village’s Comprehensive Plan and ordinances. In addition, information
in the form of reports, bulletins, maps, and engineering data shall
be readily available and widely distributed. The Plan Commission may
set fees necessary to recover the cost of providing information to
the public. Where useful, the Village Engineer or his or her designee
may set marks on bridges or buildings or other markers which show
the elevation of the one-hundred-year recurrence interval flood; or
may set marks delineating the boundaries of wetlands.
A.
No structure shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, or structurally altered
until after the owner or his agent has secured a permit from the Building
Inspector, unless exempted or otherwise specified herein. Applications
for permits shall be submitted using forms approved by the Village
and shall include the following where applicable:
[Amended 9-3-2013 by Ord. No. 740; 10-7-2014 by Ord. No. 751]
(1)
Names and addresses of the applicant, owner of the
site, architect, professional engineer, and contractor.
(2)
Description of the subject site by lot, block and
recorded subdivision, or metes and bounds; address of the subject
site; type of structure; existing and proposed operation or use of
the structure or site; number of employees; and the zoning district
within which the subject site lies.
(3)
Plat of survey prepared by a registered land surveyor,
showing the location, boundaries, dimensions, elevations to Village
of Saukville datum, uses, and sizes of the following: subject site;
existing and proposed structures; existing and proposed easements,
streets, and other public ways; off-street parking, loading areas
and driveways; existing highway access restrictions; existing and
proposed street, side, and rear yards. In addition, the plat of survey
or sketch shall show the location, elevation, and use of any abutting
lands and their structures within 40 feet of the subject site.
(4)
Proposed private on-site wastewater treatment system
(POWTs) if municipal sewerage service is not available. This plan
shall include a copy of the permit issued by the Ozaukee County Health
Department for the installation of an on-site soil absorption sanitary
sewage disposal system, or other appropriate means of waste disposal,
as well as verification of review and approval by the State of Wisconsin
Department of Natural Resources when required. The Plumbing Inspector
shall issue a permit for a private on-site wastewater treatment system
and shall certify that satisfactory, adequate, and safe sewage disposal
is possible on the site as shown in the private on-site wastewater
treatment system plan. Existing private on-site wastewater treatment
systems shall be maintained in a code-compliant condition.
(5)
Proposed private water supply plan if municipal water
service is not available. This plan shall be in accordance with Chapter
NR 812 of the Wisconsin Administrative Code. The Plumbing Inspector
shall issue a permit for a private on-site water supply, and shall
certify in writing that an adequate and safe supply of water will
be provided. Existing private water supply systems shall be maintained
in a code compliant condition.
(6)
Condominium declaration. Any property owner in the
Village of Saukville who elects to create a condominium pursuant to
Chapter 703 of the Wisconsin Statutes shall submit a copy of the condominium
declaration, bylaws, and any amendments thereto to the Building Inspector
to be attached to the file copy of the building permit or change in
use application.
(7)
Additional information as may be required by the Village
Plan Commission, Zoning Administrator or Building Inspector.
B.
Permits shall be granted or denied in writing within
30 days after application. All conditional use permits shall be granted
or denied within 60 days after application, unless the time is extended
by mutual consent of the applicant and the Village. The permit shall
be valid for 12 months from the date of issue. Conditional use permits
are valid until revoked, suspended or otherwise noted as a condition
of issuance. Any permit issued in conflict with the provisions of
this chapter shall be null and void.
[Amended 12-6-2011 by Ord. No. 723; 7-20-2016 by Ord. No. 767]
A.
No business, manufacturing or institutional property shall be occupied or used; no such building or premises shall be erected, altered, moved or its use or operation changed; no such nonconforming use shall be changed or extended; and no such building shall be occupied by a new tenant or a new owner or have its use changed until a certificate of compliance has been issued by the Plan Commission. The certificate of compliance shall indicate that the building or part thereof is in compliance with the provisions of this chapter. A certificate of compliance shall be applied for prior to occupancy of any business, manufacturing or institutional land and/or building and prior to any new use or change in use. Issuance of a certificate of compliance does not imply or grant permission for occupancy. Application for a certificate of compliance shall be made in the same manner as for a building permit pursuant to § 205-14 of this chapter.
[Amended 4-9-2018 by Ord.
No. 786]
B.
An occupancy certificate shall be required prior to occupancy of any new building or change in use of any business, manufacturing or institutional building or premises. A certificate of occupancy shall be issued by the Building Inspector. Application for an occupancy certificate shall be made in the same manner as for a building permit pursuant to § 205-14 of this chapter. No occupancy certificate shall be issued until all improvements shown on an approved site plan and landscape plan have been completed in accordance therewith. However, upon a finding by the Building Inspector that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer or owner, and that temporary occupancy prior to completion of the required improvements will involve no health or safety hazard, the Building Inspector may issue a temporary occupancy certificate bearing an expiration date, which date shall allow reasonable time for completion, upon posting with the Village a surety in double the sum estimated by the Building Inspector to be needed to complete all required improvements, conditioned on completion of all required improvements prior to the expiration date of the temporary occupancy certificate.
[Amended 6-20-2017 by Ord. No. 776; 4-9-2018 by Ord. No. 786]
C.
In addition to zoning compliance and occupancy requirements, no land
within the floodland districts shall be developed, occupied or used,
and no structure hereafter erected, altered, or moved shall be occupied
until the applicant submits to the Building Inspector a certification
by a registered professional engineer or land surveyor that the floodland
regulations set forth in this chapter have been fully complied with.
Such certification shall include the first floor and basement floor
elevations of any structure erected on the site.
See Article V.
See Article VIII.
A.
A grading permit application shall be submitted to
the Village Engineer for any earthwork activity which permanently
alters in any way the existing or established grade. The application
for a grading permit shall be distinct from and coincidental to the
application for any building permit, zoning permit, floodland use
or submittal to the Plan Commission or other Village authority.
B.
Upon application for a grading permit, the following
minimum conditions must be addressed:
(1)
Survey. The survey shall be prepared by a registered
land surveyor, not more than one year prior to the issuance of a grading
permit and shall bear the date of the survey. The certified survey
shall also show the following:
(a)
Location and dimensions of all buildings on
the lot, both existing and proposed.
(b)
Dimensions of the lot.
(c)
Lot area.
(d)
Precise amount, origin, and nature of fill associated
with the proposed grading, if any.
(e)
Proposed grade of proposed structure, to an
established datum.
(f)
Grade of lot across the street from the subject
lot, and grade of all abutting lots and any abutting street.
(g)
Grade and setback of buildings on all abutting
lots. If an abutting lot is vacant, submit the elevation of the nearest
buildings on the same side of the road.
(h)
Location of any wells and/or private sanitary
disposal systems.
(i)
Location of culvert and driveway access.
(j)
Location of sanitary sewer, storm sewer and
municipal water.
(k)
Type of monuments at each corner of the lot.
(l)
Watercourses or existing drainage ditches, including,
but not limited to, the location and elevation of any floodplain and
the location of a line representing a point two feet above the flood
elevation, wetland boundaries and form of delineation and ordinary
high-water mark and distance 75 feet thereof.
(m)
Location of any permanent or temporary easements.
(n)
Seal and signature of surveyor.
(2)
Establishment of grades. All proposed and final grades
shall be approved by the Village Engineer, or as provided by an approved
developer's grading plan.
It is the responsibility of the permit applicant
to secure all other necessary permits required by any federal, state,
county or local agency. This includes, but is not limited to, a water
use permit pursuant to Chapters 30 and 31 of the Wisconsin Statutes
or a wetland fill permit pursuant to Section 404 of the Federal Clean
Water Act.
No land shall be used or structure erected where
the land is unsuitable for such use or structure by reason of flooding,
concentrated runoff, inadequate drainage, adverse soil or rock formation,
unfavorable topography, low percolation rate or bearing strength,
erosion susceptibility, or any other feature likely to be harmful
to the health, safety, prosperity, aesthetics, and general welfare
of this community. The Village Building Inspector, in applying the
provisions of this section, shall in writing recite the particular
facts upon which he bases his conclusion that the land is not suitable
for certain uses. The applicant shall have an opportunity to present
evidence contesting such unsuitability if he so desires. Thereafter,
the Village Plan Commission may affirm, modify, or withdraw the determination
of unsuitability. In addition:
A.
All lots shall abut upon a public street, and each
lot shall have a minimum frontage at the road right-of-way of 50 feet,
unless specifically exempted elsewhere in this chapter.
B.
All principal structures shall be located on a lot;
and only one principal structure shall be located, erected, or moved
onto a lot in single-family and two-family residential districts.
The Plan Commission may permit more than one structure per lot in
other districts where more than one structure is needed for the orderly
development of the parcel. Where additional structures are permitted,
the Plan Commission may impose additional yard requirements, landscaping
requirements, or parking requirements, or require a minimum separation
distance between principal structures.
C.
No building permit shall be issued for a lot that
abuts a 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.
D.
Lots abutting more restrictive district boundaries
shall provide side and rear yards not less than those required in
the more restrictive abutting district. The street yards on the less
restrictive district shall be modified for a distance of not more
than 60 feet from the district boundary line so as to equal the average
of the street yards required in both districts.
E.
Site requirements and reuse plans for commercial buildings
in excess of 50,000 gross square feet. All proposed new commercial
buildings in excess of 50,000 gross square feet may be allowed where
uses associated with such buildings are permitted under this chapter,
provided the following criteria are met:
[Added 9-25-2007 by Ord. No. 671]
(1)
The commercial building construction proposal must
demonstrate that the site intended for occupancy is properly located
and presents architectural and landscaping designs and uses that are
compatible with the surrounding districts and the community character
of the Village.
(2)
The proposal must demonstrate that the project contributes
to the prosperity, convenience, aesthetics, and general welfare of
the Village.
(3)
The proposal must present a practical and viable future
re-use plan, based on current and trending market data and analyses,
for the building and the development site within the context of the
surrounding district(s).
(4)
If the proposed new building will result in relocation
of a present use within the Village to the new building, the proposal
shall include a reuse plan for the structure being vacated as well
as the proposed new building.
(5)
If required by the Village Plan Commission or Community
Development Authority, the developer and/or owner of the proposed
new building shall fund the marketing costs of such reuse plan(s)
with a letter of credit or other surety to be placed on deposit with
the Village.
The following use restrictions and regulations
shall apply:
A.
Principal uses. Only those principal uses specified
for a district, their essential services, and the following uses shall
be permitted in that district.
B.
Accessory uses and structures are permitted in any
district but not until their principal structure is present or under
construction. Residential accessory uses shall not involve the conduct
of any business, trade, or industry except home occupations and professional
home offices as defined in this chapter. No semitrailer, whether operative
or inoperative, and no cargo, shipping or similar container may be
located or used in any district for the purpose of storage, warehousing
or as the location for the operation of any business.
[Amended 7-23-2019 by Ord. No. 796]
C.
Conditional uses are considered as special uses requiring review, public hearing, and approval by the Village Plan Commission in accordance with Article V of this chapter.
D.
Home occupations or industries and professional home
offices are permitted accessory uses in any residential district,
not requiring a building permit, provided that:
(1)
The use of the residential dwelling for the home occupation
or professional home office shall be clearly incidental and subordinate
to its residential use and shall not occupy more than 25% of the floor
area of one floor.
(2)
No home occupation or professional home office shall
be located in or conducted in an accessory structure.
(3)
No person other than members of the family residing
on the premises shall be employed or engaged in such home occupation
or professional home office.
(4)
Home occupations shall use only household equipment,
and no stock-in-trade shall be kept or sold except that made on the
premises.
(5)
No traffic shall be generated by the home occupation
or professional home office in greater volumes than would normally
be expected in a residential neighborhood, and any need for parking
generated by the conduct of the home occupation or use shall be provided
off the street and other than in the required street yard.
(6)
No outdoor storage of equipment or product shall be
permitted.
(7)
Use of tools or techniques of manufacture that are
disruptive, including nuisance noise, odor, emissions, discharges,
light and hours of operation, are prohibited.
(8)
Home occupations, which comply with the conditions
set forth above, may include, but are not limited to baby-sitting,
canning, crafts, desktop publishing and other computer services, dressmaking,
laundering, millinery, music lessons, word processing, woodworking
and furniture repair.
(9)
In addition to the above specified requirements and
restrictions, all home occupations shall comply with the Code of the
Village of Saukville, all other applicable Village ordinances, and
state and federal laws.
E.
Unclassified or unspecified uses may be permitted
by the Village Plan Commission, provided that such uses are similar
in character to the principal uses permitted in the district.
F.
Temporary uses are permitted as follows, provided the property owner
or business makes written application to the Village on a form prescribed
for that purpose and obtains written approval of the temporary use
from the Zoning Administrator not less than 30 days before beginning
the temporary use:
[Amended 10-11-2005 by Ord. No. 643; 5-1-2012 by Ord. No. 730; 9-3-2013 by Ord. No. 740; 5-7-2019 by Ord. No. 793]
(1)
Construction field offices, shelters for materials and equipment
being used for site development or construction of a permanent structure,
and associated temporary signage may be allowed in all districts without
a permit as a practical necessity for a period of time not to exceed
a typical construction season (six months) or until completion of
the associated activity, whichever is shorter.
(2)
Seasonal or short-term enhancements or promotions of business or commercial activities, such as portable signs and displays (as described in § 205-83 of this chapter) may be allowed in all business districts without a permit where the activity is clearly associated with permitted uses, provided they are in compliance with all other applicable codes and ordinances and maintained in good order, at the discretion of the Zoning Administrator, for periods not to exceed 90 days. Portable signs or display uses exceeding 90 days require a permit and may be allowed for one additional ninety-day period by the Village Plan Commission. Portable sign uses may not be repeated within a six-month period from the date of last use, and no more than one portable sign is allowed per business.
(3)
Activities intended to attract attention to a sales event, fundraising
event, customer appreciation event, or other special activity which
are not otherwise allowed as a permitted or conditional use or special
event otherwise regulated by this Code, including but not limited
to carnivals or circuses or carnival or animal rides associated with
an event at a store or other business, or associated with an annual
picnic or other event of a nonprofit organization such as a church
or school, may be allowed in all business and institutional districts
without a permit, provided the activity shall be limited to a maximum
of 12 days in a calendar year, adequate parking shall be available,
lighting and noise shall be regulated so as not to create a nuisance
to nearby properties or to the general public, and provided the activity
is in compliance with all other codes, regulations and ordinances.
(4)
Flea markets may be allowed in a B-1, B-2, B-4 or any manufacturing
district for a period not to exceed 10 days. Special requirements
may be imposed by the Zoning Administrator for parking, sanitary facilities,
lighting, and hours of operation.
(5)
Circuses and animal shows may be allowed in a B-1, B-2, B-4 or any
manufacturing district for a period not to exceed 10 days. Special
requirements may be imposed by the Zoning Administrator for parking,
sanitary facilities, lighting, and hours of operation. The Zoning
Administrator may limit or prohibit the display of dangerous animals,
such as tigers or snakes. Temporary uses allowed under this section
may erect one temporary sign not to exceed 50 square feet in area
on one side and 100 square feet in area on all sides. All buildings,
tents, equipment, supplies, and debris shall be removed from the site
within 10 days following the activity.
(6)
Fireworks sales facilities may be allowed in a B-1, B-2, B-4 or any
manufacturing district for a period not to exceed 30 days. No permit
to sell fireworks may be granted until the Fire Chief has reviewed
the plan of operation, conducted all necessary inspections, and reported
his findings and recommendations to the Zoning Administrator. No permit
to sell fireworks shall be granted on any site where alcoholic beverages
are served. Special requirements may be imposed by the Zoning Administrator
for parking, sanitary facilities, lighting, and hours of operation.
No fireworks sales shall be conducted within the street right-of-way.
Temporary uses allowed under this section may erect one temporary
sign not to exceed 50 square feet in area on one side and 100 square
feet in area on all sides. All buildings, tents, equipment, supplies,
and debris shall be removed from the site within 10 days following
the temporary activity. In addition to any permit fee, the permit
applicant shall pay a fire and safety inspection fee to the Village
upon submission of the permit application in an amount set by the
Village Board.
(7)
Christmas tree sales may be allowed in a B-1, B-2, B-4 or any manufacturing
district for a period not to exceed 45 days. Special requirements
may be imposed by the Zoning Administrator for parking, sanitary facilities,
lighting, and hours of operation. An approved garden center does not
need a permit to sell Christmas trees.
(8)
Farmers' markets may be allowed in a B-1, B-2, B-4, P-1 or any manufacturing
district for a period not to exceed 90 days, although the permit may
be extended by the Zoning Administrator for an additional 30 days.
Special requirements may be imposed by the Zoning Administrator for
parking, sanitary facilities, lighting, and hours of operation.
G.
Pets are permitted, provided the number of household
pets does not exceed three adult pets (four or more months of age)
per lot in any residential district or agricultural district.
(1)
Household pets shall include dogs, cats, rabbits,
and other small animals housed inside or outside of a residential
dwelling. Very small animals kept indoors at all times, such as hamsters,
gerbils, white mice, parakeets and canaries, tropical fish, and small
lizards are not subject to the three-animals-per-lot limit.
(2)
Exotic pets shall include pygmy goats, nonpoisonous
snakes, deodorized skunks, ferrets, parrots and other small exotic
animals, except potbellied pigs. Only two exotic pets shall be allowed
per lot and shall be included in the three-pet-per-lot limit.
(3)
Exotic pets kept outdoors shall require a conditional use permit. The Village Plan Commission, as provided in Article V of this chapter, shall specifically review the following items when making its determination.
(a)
Type of exotic pet.
(b)
Location and size of lot.
(c)
Type of fenced-in enclosure and house for the
exotic pet.
(d)
Method of pet waste disposal.
(e)
A certificate of purebred registration.
(f)
A health certificate and certificate of required
shots.
(g)
The exotic pet shall not be hazardous, harmful,
offensive or otherwise adverse to the health, welfare, environment
or value of the neighborhood or the community.
(4)
The keeping of livestock, such as potbellied pigs,
cattle, horses, donkeys, mules, burros, llamas, sheep, hogs, goats,
and other farm animals is prohibited in any residential district.
(5)
The keeping of poultry or fowl, such as chickens,
pigeons, roosters, ducks, guinea hens, geese, turkeys, peacocks and
game birds, is prohibited in any residential district.
(6)
The keeping of bears, lions, tigers, leopards, monkeys,
wolves, foxes, poisonous snakes and reptiles, or other dangerous animals
is prohibited in the Village of Saukville. In the event of a dispute
over whether an animal is dangerous, the Village Board shall make
a determination after review and public hearing.
[Added 7-10-2007 by Ord. No. 668; 11-7-2012 by Ord. No.
737]
The purpose of this section is to regulate the operation of certain uses, permanent or temporary, and development types presenting a unique or atypical potential for adversely affecting adjoining uses, particularly residential zoning districts. These uses or development types may also require a conditional use permit pursuant to Article V of this chapter and include, but are not limited to, the following list:
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A)
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Outdoor commercial recreation facilities.
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B)
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Accessory outdoor restaurants.
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C)
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Motor vehicle sales agency/lots (new or used).
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D)
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Motor-fuel-dispensing facilities.
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E)
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Sidewalk cafes.
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F)
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Alcoholism and drug addiction treatment centers.
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G)
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Commercial facilities having as their primary business the sales
and/or service of live animals.
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H)
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Retail uses, individually or combined, where the gross area
under roof exceeds 100,000 square feet.
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A.
Outdoor commercial recreation facilities. All outdoor
commercial recreational facilities, or portions thereof, shall be
subject to the following restrictions and standards:
B.
Accessory outdoor restaurants. The Village intends
to encourage outdoor restaurants and to provide for the creation of
a more urban pedestrian environment. All outdoor restaurants shall
be subject to the following restrictions and standards:
(1)
All patrons of the outdoor restaurants shall
vacate the outdoor restaurant no later than 11:00 p.m., Sundays through
Thursdays, inclusive, except the day prior to a holiday, and 11:59
p.m. on Friday, Saturday, and the day prior to a holiday. Notwithstanding
the foregoing, more restrictive hours of operation may be established
by the Plan Commission as part of the conditional use approval process,
if applicable.
(2)
No amplified music or amplified entertainment
shall be permitted without first obtaining an entertainment permit.
C.
Motor vehicle sales agency/lots (new or used). All
motor vehicle sales agencies and lots (new or used) have the potential
to create an adverse impact on adjacent properties and surrounding
neighborhoods by reason of insufficient on-site customer parking,
traffic generation, obstruction of traffic, visual blight, bright
lights, noise, or fumes. All motor vehicle sales agencies and lots
shall be subject to the following restrictions and standards:
(1)
Applicability.
(a)
Motor vehicle sales agencies commencing operation
after July 31, 2007, shall comply with the development standards for
the zoning district in which it is located and with this section.
(b)
Motor vehicle sales agencies operating prior
to August 1, 2007, shall comply with this section when subject to
the following: Cumulative expansion subsequent to July 31, 2007, representing
more than 50% of the improved (building and land) square footage existing
on July 31, 2007.
(2)
Parking and vehicle storage. No required parking
areas designated for employees and customers shall be used for motor
vehicle storage (long- or short-term), repair, or finishing work or
display.
(3)
Loading and unloading of vehicles. Loading and
unloading of vehicles is permitted only in accordance with this subsection.
It shall be the duty of the owners and operators of the motor vehicle
sales agency, and it shall also be the duty of any agents and employees
present on the premises, to ensure that the activities of a common
carrier, operator, or other person controlling such loading or unloading
activities does not violate the provisions of this subsection.
(a)
Loading and unloading of vehicles is limited
to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday, excluding
legal holidays.
(b)
All loading and unloading shall occur on private
property (on- or off-site). Shared loading and unloading areas are
permitted for the purposes of meeting this requirement.
(c)
Loading and unloading activities shall not block
any accessway.
(4)
Repair of vehicles. The repair and service facility
portion of a motor vehicle sales agency shall comply with the following
requirements:
(a)
All repair and service activities and operations
shall occur within a full enclosed structure. Outdoor hoists are prohibited.
All painting shall occur within a fully enclosed booth.
(b)
Entrances to individual service bays shall not
face any adjacent residential zoning district.
(c)
No vehicles to be repaired or serviced shall
be parked or stored on any street or alley.
(5)
Hours of operation. Unless otherwise approved
by the Plan Commission, if any improved portion of the agency is within
300 feet of a residential zoning district, operation of the agency
shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
(6)
Noise control.
(a)
There shall be no use of outdoor loudspeakers,
bells, gongs, buzzers, or other noise attention or attracting devices.
(b)
All noise-generating equipment, exposed to the
exterior at any time during operation, shall be muffled with sound-absorbing
materials to minimize noise impacts on adjacent residential zoning
districts and may be operated only between 7:00 a.m. and 7:00 p.m.,
Monday through Saturday, excluding legal holidays.
D.
Motor-fuel-dispensing facilities. All motor-fuel-dispensing facilities, where permitted (See Article V, Conditional Uses.), shall be subject to the following restrictions and standards:
(1)
All fuel pump islands shall be located at least 35 feet from
any property line, except 50 feet from an abutting residential property
line.
(2)
Travel lanes shall be a minimum of 22 feet in width between
any refueling area at the fuel pumps and any parking spaces provided
on site.
(3)
Each fuel pump island shall be located so that there is a refueling
area of at least 11 feet in width on both sides of the pump island.
A minimum of 22 feet is required between pump islands.
(4)
Setbacks.
(a)
No retail motor-fuel-dispensing facility shall be permitted
closer than 1,000 feet to a municipal well. This setback requirement
may not be modified.
(b)
No retail motor-fuel-dispensing facility shall be permitted
closer than 600 feet to two or more of the following: a mapped wetland
or conservancy zoning district exceeding five acres in size, a navigable
body of water, or a primary environmental corridor. This setback requirement
may be modified by the Plan Commission on a case-by-case basis if
the proposed facility operator can demonstrate through accepted professional
scientific and engineering analysis, including, but not limited to
a soils hydraulic analysis, that a setback of less than 600 feet will
not adversely affect the environmentally protected areas.
(c)
All setback requirements shall be measured from that portion
of the motor-fuel-dispensing facility nearest to the environmentally
protected area.
(5)
Bulk fuel deliveries to motor-fuel-dispensing facilities shall
take place only between the hours of 7:00 p.m. and 7:00 a.m. the following
day.
(6)
No separate diesel-fueling island to accommodate diesel-powered
heavy trucks may be located within 1,000 feet of the closest right-of-way
line of an interstate highway. For purposes of this subsection, "diesel-powered
heavy truck" shall mean a vehicle principally powered by diesel fuel
with a gross vehicle weight of more than 10,000 pounds and shall include
semitrailer tractor truck tractors with or without the semitrailer
attached.
E.
Sidewalk cafes. Areas of the public right-of-way immediately abutting the proposed use, excluding any area required for use by pedestrians and vehicular traffic, may be permitted to supplement sidewalk cafe uses as temporary uses (see § 205-21F). All sidewalk cafes shall be subject to the following restrictions and standards:
(1)
The permittee shall enter into a written agreement
with the Village indemnifying and holding the Village harmless against
all claims, liability, loss, injury, death, or damage associated with
such temporary use.
(2)
The applicant shall certify as to the number
of seats authorized under terms of this chapter for the principal
restaurant facility and shall further certify as to the number of
seats being transferred from the restaurant to the sidewalk cafe and
the number of new seats added for the sidewalk cafe, if any.
(3)
The following design standards shall be applicable
within the permit area:
(a)
A sidewalk cafe may be used only for the temporary
placement of chairs, tables, and umbrellas.
(b)
In the event the Village needs to access infrastructure
located beneath the permit area, the permittee shall indemnify and
hold the Village harmless against all claims, liability, loss, injury,
or damage whatsoever on account of or arising out of the removal of
the fixed improvements. The Village shall have no obligation whatsoever
to replace or repair any of the permittee's improvements so removed
or damaged.
(c)
All tables and chairs must be portable, meaning
that no such furniture shall be chained together or bolted together
as a unit or affixed to the sidewalk or ground surface, and must be
removed nightly from the permit area.
(4)
No amplified music or amplified entertainment
shall be permitted without first obtaining an entertainment permit.
(5)
Hours of operation. Sidewalk cafes shall be
open no later than 11:00 p.m., Sundays through Thursdays, inclusive,
except the day prior to a holiday, and 11:59 p.m. on Friday, Saturday,
and the day prior to a holiday. Notwithstanding the foregoing, more
restrictive hours of operation may be established by the Plan Commission
as part of the conditional use approval process, if applicable.
F.
Alcoholism and drug addiction treatment centers shall
only be allowed in conjunction with a permitted principal hospital
facility located in the Village.
G.
Commercial facilities having as their primary business
the sales and/or service of live animals. All commercial facilities
having as their primary business the sales and/or service of live
animals shall be subject to the following restrictions and standards:
(1)
Such facilities shall be allowed in the following
zoning districts: M-1 Light Manufacturing, M-2 General Manufacturing,
and B-P Business Park; and shall comply with the following standards
of operation:
(a)
Such facilities shall be separated from zoning
districts other than those identified above by no less than 600 feet.
(b)
Any outdoor uses associated with such facilities
shall be limited to the rear yard, and the entire perimeter of such
area shall be screened with a landscaping berm not less than six feet
in height or a privacy fence designed to present a solid visual surface
with no opaque or transparent components. Animals shall not be kenneled
or left unattended.
(c)
Commercial overnight boarding of animals, other
than maintaining livestock-in-trade or providing a period of recuperation
from veterinarian services, is prohibited. Any permitted overnight
boarding shall be restricted to indoor space.
(2)
Permitted hours of operation are 6:00 a.m. to
9:00 p.m., Monday through Saturday.
H.
Retail uses, individually or combined, where the gross
area under roof exceeds 100,000 square feet. All retail uses, individually
or combined, where the gross area under roof exceeds 100,000 square
feet shall be subject to the following restrictions and standards:
(1)
Direct vehicular access to the use may not be
provided by way of a local street, if access is available from an
arterial, collector, or interstate connector.
(2)
Noise control.
(a)
There shall be no use of outdoor loudspeakers,
bells, gongs, buzzers, or other noise attention or attracting devices.
(b)
All noise-generating equipment, exposed to the
exterior at any time during operation, shall be muffled with sound-absorbing
materials to minimize noise impacts on adjacent residential zoning
districts and may be operated only between 8:00 a.m. and 6:00 p.m.,
Monday through Saturday, excluding legal holidays.
(3)
Litter. The premises, including all parking
areas, shall be kept in a neat and orderly condition at all times,
and all improvements shall be maintained in a condition of reasonable
repair and appearance. Collection and disposal of litter found off-premises
that is clearly emanating from the retail use shall be the responsibility
of the retail operation that is the source of such litter.
(4)
Circulation. The location of points of ingress
and egress from such uses shall be located as far away from surrounding
residential zoning districts as is reasonably feasible and shall be
directed to commercial streets and away from residential areas by
means of signage and design. No site design or arrangement shall be
permitted which requires vehicles to back into an alley or public
right-of-way.
(5)
Hours of operation. Unless otherwise approved by the Plan Commission, such uses located within 300 feet of a residential zoning district shall limit their hours of operation to 7:00 a.m. to 10:00 p.m., Sunday through Saturday, including holidays. Extended hours of operation may be permitted without a permit as a temporary use not to exceed 90 days in a twelve-month period (see § 205-21F) to accommodate seasonal holiday shopping, with review and approval from the Zoning Administrator.
[Amended 9-3-2013 by Ord. No. 740]
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, unless specifically exempted elsewhere
in this chapter.
