[Amended 2-18-2008 by Ord. No. 08-10; 3-15-2010 by Ord. No. 10-18; 9-19-2011 by Ord. No. 11-27; 4-7-2014 by Ord. No. 14-06; 7-17-2017 by Ord. No. 17-31; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26]
A. Zoning permit required. No person shall construct, repair, replace, install, enlarge, or alter any detached accessory structure specified below unless a valid zoning permit for said structure has first been issued pursuant to this chapter and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate actions to prosecute the violation of this chapter. (See §
420-22 of this chapter for additional information related to a zoning permit, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation of or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.) Detached garages and carports; gardening, tool or storage sheds constructed of canvas, plastic or other similar materials are prohibited. The roof of gazebos or pergolas may be constructed with steel, translucent panels, asphalt, metal, wood, canvas, cloth or other similar material as approved by the Zoning Administrator.
[Amended 7-24-2023 by Ord. No. 23-30]
B. Standards for detached garages or carports; gardening,
tool or storage sheds; pergolas and gazebos within the residential
districts listed below, and other farm-related accessory structures,
excluding silos and storage bins, which are only allowed within the
A-2, A-3 and AGO Districts.
(1) In
the C-2, A-2, A-3, AGO, R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7,
R-8 and R-12 Zoning Districts, the following is required:
(a)
If the structure is 150 square feet or less in area (first floor
area not to exceed 150 square feet), then the following shall be required:
[1]
Said structure shall only be located in a side yard, rear yard
or rear street yard;
[2]
Said structure shall be a minimum of 10 feet from a principal structure, except a gazebo or pergola without an asphalt roof may be constructed with a zero-foot setback from the principal structure, provided that the roof of the principal structure and the gazebo/pergola roof do not overlap each other and further provided that the gazebo/pergola is securely bolted or attached to the ground/patio or deck. A gazebo/pergola with an asphalt roof shall be setback a minimum of 10 feet from the principal structure. A gazebo/pergola attached to the principal structure is considered a porch and shall follow the requirements of §
420-87 of this chapter;
[Amended 7-24-2023 by Ord. No. 23-30]
[3]
Said structure shall be a minimum of:
[a] Five feet from any other accessory structure that
is less than 1,000 square feet in size;
[b] Ten feet from any other accessory structure that
is between 1,001 and 2,000 square feet in size; and
[c] Twenty-five feet from any other accessory structure
that is greater than 2,000 square feet in size;
[4]
Said structure shall be a minimum of three feet from any side
or rear lot line;
[5]
Said structure shall be a minimum of five feet from any rear
street lot line adjacent to a Village right-of-way and shall be a
minimum of 15 feet from any rear street lot line adjacent to a county
or state right-of-way;
[6]
Said structure shall not exceed 15 feet in height as measured
from the grade at the base of the structure to the highest roof ridge;
[7]
Said structure shall not be used for human habitation or animal
shelter, except in the A-2, A-3 and AGO Districts, where said structure
may be used for an animal shelter for the animals which are only allowed
in the said agricultural districts;
[8]
Said structure shall be set back a minimum of 25 feet from the
ordinary high-water mark of a navigable waterway.
[9]
Said structure shall be located a minimum of 25 feet from wetlands
on said property; and
[10] In no case shall an individual detached accessory
structure exceed the first floor square foot area of the principal
structure (excluding an attached garage or deck) or exceed the height
of the principal structure on said property.
(b)
If the structure is between 151 square feet and 600 square feet
in area (first floor area not to exceed 600 square feet), then the
following shall be required:
[1]
Said structure shall only be located in a side yard, rear yard
or rear street yard, however, not allowed in the R-7 District;
[2]
Said structure shall be located a minimum of 10 feet from a principal structure, except a gazebo or pergola without an asphalt roof may be constructed with a zero-foot setback from the principal structure, provided that the roof of the principal structure and the gazebo/pergola roof do not overlap each other and further provided that the gazebo/pergola is securely bolted or attached to the ground/patio or deck. A gazebo/pergola with an asphalt roof shall be set back a minimum of 10 feet from the principal structure. A gazebo/pergola attached to the principal structure is considered a porch and shall follow the requirements of §
420-87 of this chapter;
[Amended 7-24-2023 by Ord. No. 23-30]
[3]
Said structure shall be a minimum of:
[a] Five feet from any other accessory structure that
is less than 1,000 square feet in size;
[b] Ten feet from any other accessory structure that
is between 1,001 and 2,000 square feet in size; and
[c] Twenty-five feet from any other accessory structure
that is greater than 2,000 square feet in size;
[4]
Said structure shall be located a minimum of five feet from
any side or rear lot line;
[5]
Said structure shall be a minimum of 10 feet from any rear street
lot line and shall be a minimum of 20 feet from any rear street lot
line adjacent to a county or state right-of-way;
[6]
Said structure shall not exceed 15 feet in height as measured
from the grade at the base of the structure to the highest roof ridge;
[7]
Said structure shall not be used for human habitation or animal
shelter, except in the A-2, A-3 and AGO Districts, where said structure
may be used for an animal shelter for the animals which are only allowed
in the said agricultural districts;
[8]
Said structure shall be set back a minimum of 25 feet from the
ordinary high-water mark of a navigable waterway, except a minimum
of a fifty-foot setback is required from the ordinary high-water mark
of Lake Michigan.
[9]
Said structure shall be located a minimum of 25 feet from wetlands
on said property; and
[10] In no case shall an individual detached accessory
structure exceed the first floor square foot area of the principal
structure (excluding an attached garage or deck) or exceed the height
of the principal structure on said property.
(c)
If the structure is between 601 square feet and 1,000 square
feet in area (first floor area not to exceed 1,000 square feet), then
the following shall be required:
[1]
Said structure shall only be located in a side yard, rear yard
or rear street yard, except if located within an A-2 or AGO District
and not allowed in the R-7 District;
[2]
Said structure shall be a minimum of 10 feet from a principal
structure;
[Amended 7-24-2023 by Ord. No. 23-30]
[3]
Said structure shall be a minimum of:
[a] Five feet from any other accessory structure that
is less than 1,000 square feet in size;
[b] Ten feet from any other accessory structure that
is between 1,001 and 2,000 square feet in size; and
[c] Twenty-five feet from any other accessory structure
that is greater than 2,000 square feet in size;
[4]
Said structure shall be a minimum of 10 feet from any side or
rear lot line;
[5]
Said structure shall be a minimum of 20 feet from any rear street
lot line adjacent to a Village right-of-way and shall be a minimum
of 40 feet from any rear street lot line adjacent to a county or state
right-of-way;
[6]
Said structure shall not be used for human habitation or animal
shelter, except in the A-2, A-3 and AGO Districts, where said structure
may be used for an animal shelter for the animals which are only allowed
in the said agricultural districts;
[7]
Said structure shall not exceed 20 feet in height, except as
provided below:
[a] In the A-3 District where the lot is greater than
five acres, said structure shall not exceed 50 feet in height;
[b] In the A-2 or AGO District where the lot is a minimum
of five acres, said structure shall not exceed 50 feet in height;
[c] In the A-2 or AGO District where the lot is greater
than 10 acres, said structure shall not exceed 100 feet in height;
[8]
Said structure shall be set back a minimum of 25 feet from the
ordinary high-water mark of a navigable waterway, except a minimum
of a fifty-foot setback is required from the ordinary high-water mark
of Lake Michigan.
[9]
Said structure shall be located a minimum of 25 feet from wetlands
on said property; and
[10] In no case shall an individual detached accessory
structure exceed the first floor square foot area of the principal
structure (excluding an attached garage or deck), except in the A-2,
A-3 and AGO Districts.
[11] In no case shall an individual detached accessory structure exceed the height of the principal structure on said property, except in the A-2, A-3 and AGO District, where the maximum height complies with Subsection
B(1)(c)[7] above.
(d)
If the structure is between 1,001 square feet and 1,500 square
feet in area (first floor area not to exceed 1,500 square feet), then
the following shall be required:
[1]
The lot shall be a minimum of 20,000 square feet, however not
allowed in the R-5, R-6, R-7 or R-8 District;
[2]
Said structure shall only be located in a side yard or rear
yard, except if located within an A-2 or AGO District;
[3]
Said structure shall be a minimum of 15 feet from a principal
structure;
[4]
Said structure shall be a minimum of:
[a] Ten feet from any other accessory structure that
is less than 2,000 square feet in size; and
[c] Twenty-five feet from any other accessory structure
that is greater than 2,000 square feet in size;
[5]
Said structure shall be a minimum of 15 feet from any side or
rear lot line;
[6]
Said structure shall not be used for human habitation or animal
shelter, except in the A-2, A-3 and AGO Districts, where said structure
may be used for an animal shelter for the animals which are only allowed
in the said agricultural districts;
[7]
Said structure shall not exceed 20 feet in height, except as
provided below:
[a] In the A-3 District where the lot is greater than
five acres, said structure shall not exceed 50 feet in height;
[b] In the A-2 or AGO District where the lot is a minimum
of five acres, said structure shall not exceed 50 feet in height;
[c] In the A-2 or AGO District where the lot is greater
than 10 acres, said structure shall not exceed 100 feet in height;
[8]
Said structure shall be set back a minimum of 25 feet from the
ordinary high-water mark of a navigable waterway, except a minimum
of a fifty-foot setback is required from the ordinary high-water mark
of Lake Michigan.
[9]
Said structure shall be located a minimum of 25 feet from wetlands
on said property; and
[10] In no case shall an individual detached accessory
structure exceed the first floor square foot area of the principal
structure (excluding an attached garage or deck), except in the A-2,
A-3 and AGO Districts.
[11] In no case shall an individual detached accessory structure exceed the height of the principal structure on said property, except in the A-2, A-3 and AGO Districts, where the maximum height complies with Subsection
B(1)(d)[7] above.
(e)
If the structure is between 1,501 square feet and 2,000 square
feet in area (first floor area not to exceed 2,000 square feet), then
the following shall be required:
[1]
The lot shall be a minimum of two acres (87,120 square feet);
however, not allowed in the R-4.5, R-5, R-6, R-7 and R-8 Districts;
[2]
Said structure shall only be located in a side yard or rear
yard, except if located within an A-2 or AGO District;
[3]
Said structure shall be a minimum of 15 feet from a principal
structure;
[4]
Said structure shall be a minimum of:
[a] Ten feet from any other accessory structure that
is less than 2,000 square feet in size; and
[c] Twenty-five feet from any other accessory structure
that is greater than 2,000 square feet in size;
[5]
Said structure shall be a minimum of 25 feet from any side or
rear lot line;
[6]
Said structure shall not be used for human habitation or animal
shelter, except in the A-2, A-3 and AGO Districts, where said structure
may be used for an animal shelter for the animals which are only allowed
in the said agricultural districts;
[7]
Said structure shall not exceed 20 feet in height, except as
provided below:
[a] In the A-3 District where the lot is greater than
five acres, said structure shall not exceed 50 feet in height;
[b] In the A-2 or AGO District where the lot is a minimum
of five acres, said structure shall not exceed 75 feet in height;
[c] In the A-2 or AGO District where the lot is greater
than 10 acres, said structure shall not exceed 100 feet in height;
[8]
Said structure shall be set back a minimum of 25 feet from the
ordinary high-water mark of a navigable waterway, except a minimum
of a fifty-foot setback is required from the ordinary high-water mark
of Lake Michigan.
[9]
Said structure shall be located a minimum of 25 feet from wetlands
on said property; and
[10] In no case shall an individual detached accessory
structure exceed the first floor square foot area of the principal
structure (excluding an attached garage or deck), except in the A-2,
A-3 or AGO District.
[11] In no case shall an individual detached accessory structure exceed the height of the principal structure on said property, except in the A-2, A-3 and AGO Districts, where the maximum height complies with Subsection
B(1)(e)[7] above.
(f)
If the structure is between 2,000 square feet and 5,000 square
feet in area (first floor area not to exceed 5,000 square feet), then
the following shall be required:
[1]
The lot shall be zoned A-2, A-3 or AGO and be a minimum of five
acres (217,800 square feet);
[2]
Said structure shall only be located in a side yard or rear
yard, except if located within an A-2 or AGO District;
[3]
Said structure shall be a minimum of 20 feet from a principal
structure;
[4]
Said structure shall be a minimum of 25 feet from any other
accessory structure;
[5]
Said structure shall be a minimum of 25 feet from any side lot
line and a minimum of 50 feet from any rear lot line;
[6]
Said structure shall not be used for human habitation;
[7]
Said structure may be used for an animal shelter for animals
specifically allowed in the A-2, A-3 or AGO District;
[8]
Said structure shall not exceed 50 feet in height in the A-3
District or 100 feet in the A-2 or AGO District;
[9]
Said structure shall be set back a minimum of 25 feet from the
ordinary high-water mark of a navigable waterway, except a minimum
of a fifty-foot setback is required from the ordinary high-water mark
of Lake Michigan; and
[10] Said structure shall be located a minimum of 25
feet from wetlands on said property.
(g)
If the structure is larger than 5,000 square feet in area (first
floor area not to exceed 5,000 square feet), then the following shall
be required:
[1]
The lot shall be zoned A-2 or AGO and be a minimum of 10 acres
(435,600 square feet);
[2]
Said structure shall be a minimum of 20 feet from a principal
structure;
[3]
Said structure shall be a minimum of 25 feet from any other
accessory structure;
[4]
Said structure shall be a minimum of 25 feet from any side lot
line and a minimum of 50 feet from the rear lot line;
[5]
Said structure shall not be used for human habitation;
[6]
Said structure may be used for an animal shelter for animals
specifically allowed in the A-2 or AGO District;
[7]
Said structure shall not exceed 100 feet in height;
[8]
Said structure shall be set back a minimum of 25 feet from the
ordinary high-water mark of a navigable waterway, except a minimum
of a fifty-foot setback is required from the ordinary high-water mark
of Lake Michigan; and
[9]
Said structure shall be located a minimum of 25 feet from wetlands
on said property and at least 10 feet from wetlands on adjacent properties.
(2) In the R-9, R-10 and R-11 Zoning Districts the following
is required:
(a)
A structure that is 600 square feet or less in area (first floor
area not to exceed 600 square feet) shall be located in a side yard
or rear yard, provided that the structure is at least 10 feet from
a principal structure unless the structure is a pergola without solid
roof structure, at least five feet from any other accessory structure,
and at least five feet from any lot line; shall not be used for human
habitation or animal shelter; shall be set back a minimum of 25 feet
from the ordinary high-water mark of a navigable waterway, except
a minimum of a fifty-foot setback is required from the ordinary high-water
mark of Lake Michigan; shall be located at least 25 feet from wetlands
on said property; and shall not exceed 20 feet in height.
(b)
A structure that is between 601 square feet in area and 1,000
square feet in area (first floor area not to exceed 1,000 square feet)
shall be located in a side yard or rear yard unless the structure
is a pergola without solid roof structure, provided that the structure
is at least 15 feet from a principal structure, at least 10 feet from
any other accessory structure, and at least 20 feet from any lot line;
shall not be used for human habitation or animal shelter; shall be
set back a minimum of 25 feet from the ordinary high-water mark of
a navigable waterway, except a minimum of a fifty-foot setback is
required from the ordinary high-water mark of Lake Michigan; shall
be located at least 25 feet from wetlands on said property; and shall
not exceed 20 feet in height.
(c)
A structure that is between 1,001 square feet in area and 1,500
square feet in area (first floor area not to exceed 1,500 square feet)
shall be located in a side yard or rear yard, provided that the structure
is at least 15 feet from a principal structure, at least 10 feet from
any other accessory structure and at least 25 feet from any lot line;
shall not be used for human habitation or animal shelter; shall be
set back a minimum of 25 feet from the ordinary high-water mark of
a navigable waterway, except a minimum of a fifty-foot setback is
required from the ordinary high-water mark of Lake Michigan; shall
be located at least 25 feet from wetlands on said property; and shall
not exceed 20 feet in height.
(d)
A structure that is between 1,501 square feet in area and 2,000
square feet in area (first floor area not to exceed 2,000 square feet)
shall be located in a side yard or rear yard, provided that the structure
is at least 15 feet from a principal structure, at least 10 feet from
any other accessory structure and at least 30 feet from any lot line;
shall not be used for human habitation or animal shelter; shall be
set back a minimum of 25 feet from the ordinary high-water mark of
a navigable waterway, except a minimum of a fifty-foot setback is
required from the ordinary high-water mark of Lake Michigan; shall
be located at least 25 feet from wetlands on said property; and shall
not exceed 20 feet in height.
(e)
In no case shall an individual structure exceed the first-floor
square foot area of the principal structure (excluding an attached
garage or deck) or exceed the height of the principal structure on
said property.
(f)
If the detached structure provides parking for multiple tenants/owners
within a multifamily residential building, then the interior of each
individual garage shall be fully finished with drywall (taped and
painted) and meet fire separations requirements pursuant to the state
building code requirements.
(g)
Permitted roof surface materials include wood shakes, asphalt,
fiberglass, composition or wood shingles, clay tiles, concrete tiles,
slate or other appropriate roofing material as approved by the Village
Zoning Administrator that is similar or complementary to the principal
building.
(h)
Permitted exterior siding materials include brick, stone, wood,
cement board or other appropriate siding material as approved by the
Village Zoning Administrator that is similar or complementary to the
principal building. At a minimum, 50% of each wall surface, excluding
windows, doors and garage doors, shall be constructed of brick or
stone. The exterior siding material shall extend to the top of the
foundation and be within six inches above the final grade.
[Amended 2-18-2008 by Ord. No. 08-10; 4-7-2014 by Ord. No.
14-06; 7-17-2017 by Ord. No. 17-32; 10-16-2017 by Ord. No. 17-51]
A. Zoning permit required. No person shall construct, repair, replace, install, enlarge, or alter any deck or porch or steps or stairs unless a valid zoning permit for said structure has first been issued pursuant to this chapter and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate actions to prosecute the violation of this chapter. (See §
420-22 of this chapter for additional information related to a zoning permit for said structure, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.)
B. Setback requirements for decks, porches, steps or stairs in any agricultural
district, C-2 Conservancy District or R-1, R-2, R-3, R-4, R-4.5, R-5,
R-6, R-7, R-8 or R-12 Residential District:
[Amended 7-20-2020 by Ord. No. 20-26]
(1) Shall be set back a minimum of five feet from any rear property line,
provided that the structure is not located within any easements.
(2) Shall be set back a minimum of three feet from any side property
line, provided that said structure is not located within any easements.
(3) Shall be set back 10 feet from any wetland on the property.
(4) May be located in a shore yard, provided that it is not located on the water side of the ordinary high-water mark of said navigable waterway, and further provided that said structure does not block, redirect or impede the flow of water or drainage within the area, provided that said structure is not located within any easements and is not located within an area regulated under the Floodplain Zoning Ordinance in Chapter
430.
[Amended 4-11-2024 by Ord. No. 24-05]
(5) Shall be set back a minimum of five feet less than the minimum required
street setback in the underlying district from arterial streets or
highways and a minimum of 35 feet from nonarterial streets or private
roads in any agricultural district and in the R-1 and R-2 or C-2 District,
provided that said structure is not located within any easements.
(6) Shall be set back a minimum of five feet less than the minimum required
street setback in the underlying district from arterial streets or
highways and a minimum of 25 feet from nonarterial streets or private
roads in the R-3, R-4, R-4.5, R-5, R-6, R-7, R-8 and R-12 Residential
Districts, provided that said structure is not located within any
easements.
(7) Shall be set back a minimum of three feet from an adjacent manufactured/mobile
home, including an adjacent deck, porch, steps and stairs, located
within the R-12 District.
C. Setback requirements for decks, porches, steps or stairs in the R-9,
R-10 or R-11 Residential Districts:
[Amended 7-20-2020 by Ord. No. 20-26]
(1) Shall meet the street, side and rear setback requirements as specified
in the underlying zoning district.
(2) Shall be set back 10 feet from any wetland on the property.
(3) May be located in a shore yard, provided that it is not located on the water side of the ordinary high-water mark of said navigable waterway, and further provided that said structure does not block, redirect or impede the flow of water or drainage within the area, provided that said structure is not located within any easements and is not located within an area regulated under the Floodplain Zoning Ordinance in Chapter
430.
[Amended 4-11-2024 by Ord. No. 24-05]
[Added 3-15-2010 by Ord. No. 10-19]
A. Zoning permit not required. A zoning permit is not required for a
roadside stand; however, no person shall construct, repair, replace,
install, enlarge, or alter any roadside stand unless the following
standards are met.
B. Standards for roadside stands.
(1)
Allowed in any agricultural district.
(2)
Number: one roadside stand per property.
(3)
Size: 300 square feet maximum.
(5)
Only products produced on site shall be sold at the roadside
stand.
(6)
Setbacks: five feet minimum to any property line.
(7)
Said roadside stand shall be properly maintained and removed
from the property when no longer in use.
[Added 5-3-2021 by Ord. No. 21-07]
A. Purpose and intent. The Village Board finds the following:
(1)
The purpose of this section is to regulate solar energy systems
subject to the provisions and limitations of this section and § 66.0401,
Wis. Stats.
(2)
This section is intended to preserve or protect the public health
or safety; does not significantly increase the cost of the system
or significantly decrease its efficiency; and allows for an alternative
system of comparable cost and efficiently.
(3)
This section provides a process for obtaining necessary permits
while protecting the interests of Village residents and businesses.
B. Definitions. The definitions set out below shall apply to this section and shall control with respect to solar energy systems in the event of any inconsistency between these definitions and the definitions set forth in Article
XXI of this chapter.
SOLAR ENERGY SYSTEM
Equipment that directly converts and then transfers or stores
solar energy into usable forms of thermal or electrical energy. A
solar energy system is either solar for individual users or a solar
farm as defined in this section. A solar energy system includes solar
collectors, frames, supports and any mounting hardware, battery storage
equipment, converters or invertors.
SOLAR FARM
A solar energy system that generates enough electricity to
serve many customers by wholesale or retail sale and not primarily
for consumption on the property on which the system is located. The
solar collectors are ground mounted on open land near an existing
substation or electric transmission infrastructure.
SOLAR ENERGY SYSTEM FOR INDIVIDUAL USERS
Solar energy system that generates electricity for the individual
property owner, with either building-mounted or ground-mounted solar
collectors, as opposed to a solar farm which generates enough electricity
to serve many off-site customers.
SOLAR COLLECTOR
A device that absorbs solar energy for use in the collector's
energy transformation process.
C. Permit required. No person shall construct, repair, replace, install, enlarge, or alter any solar energy system, as defined by this section, unless a valid permit for said system has first been issued pursuant to this section and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate action to prosecute the violation of this chapter. See §
420-22 of this chapter for additional information related to a zoning permit, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.
D. Solar energy system for individual users standards.
(1)
Building-mounted systems in any Agricultural, Residential or
Upland Conservancy Zoning District shall meet the following requirements:
(a)
The solar energy system shall not extend more than six inches from the original exterior perimeter of a principal or accessory building except as provided in Subsection
D(1)(b) below.
(b)
If the roof pitch is 2/12 or less, then the system shall not
extend more than 18 inches from the original exterior perimeter of
the principal or accessory building.
(c)
The solar energy system shall not extend beyond the exterior
perimeter of the building roof or wall.
(d)
Any ground-mounted battery storage, converter or invertor shall
be located inside a building; or located in the side, rear, rear street
yards with proper screening as approved by the Zoning Administrator.
(e)
The Village is not responsible to remove or force the removal
of any structures or vegetation on adjacent properties that may exist
at the time of installation or may be constructed/installed in the
future to block any portion of the solar system.
(2)
Building-mounted systems in any Business, Manufacturing, Institutional
or Park-Recreational Zoning Districts shall meet the following requirements:
(a)
The solar energy system shall not extend more than six inches from the original exterior perimeter of a principal or accessory building except as provided in Subsection
D(2)(b) below.
(b)
If the roof pitch is 2/12 or less, then the solar energy system
shall not extend to a height that exceeds the height of an existing
parapet wall or other screening as approved by the Zoning Administrator
that screens the system from view from the adjacent right-of-way.
A sight line plan is required to be submitted for review.
(c)
The solar energy system shall not extend beyond the original
exterior perimeter of the principal or accessory building.
(d)
Any ground-mounted battery storage, converter or invertor shall
be located inside a building; or located in the side, rear, rear street
yards with proper screening as approved by the Zoning Administrator.
(e)
The Village is not responsible for the removal or forcing the
removal of any structures or vegetation on adjacent properties that
may exist at the time of installation or that may be constructed/installed
in the future to block any portion of the solar system.
(3)
Ground-mounted systems in any district shall meet the following
minimum requirements:
(a)
Capacity of the system shall not exceed seven kilowatts in rated
capacity for properties that are one acre or less in area.
(b)
Capacity of the system shall not exceed 15 kilowatts in rated
capacity for properties more than one acre.
(c)
Height shall not exceed 10 feet when oriented at maximum tilt.
The grades that surround the system shall not be artificially elevated
to bring in fill as to elevate the system higher than the existing
grades on the property.
(d)
Shall not be located within a front street yard or side street
yard as measured from the furthest extent of the solar collector at
full tilt parallel to the ground.
(e)
Minimum setback requirements as measured from the furthest extent
of the solar collector at full tilt parallel to the ground.
[1] Side and rear: a minimum of 25 feet.
[2] Rear street: a minimum of 50 feet.
[3] Wetland: a minimum of 10 feet from wetlands on
the property.
[4] Shore: a minimum of 25 feet from the ordinary high-water
mark of a navigable waterway.
(f)
Shall not be located within an area regulated under the Floodplain Zoning Ordinance in Chapter
430 as measured from the furthest extent of the solar collector at full tilt parallel to the ground.
[Amended 4-11-2024 by Ord. No. 24-05]
(g)
Landscaping and/or screening will be required to screen the
system from adjacent properties and public rights-of-way as approved
by the Zoning Administrator on a case-by-case basis.
(h)
All electrical wires associated with the solar energy system,
other than wires necessary to connect the system, grounding wires,
etc., shall be located underground.
(i)
Shall be installed and securely attached to the ground pursuant
to the manufacturer's requirements.
(j)
Land under and surrounding the system shall be properly manicured
and maintained.
(k)
Any ground-mounted battery storage system, converter or invertor
shall be located inside a building; or located in the side, rear,
rear street yards with proper screening as approved by the Zoning
Administrator.
(l)
The Village is not responsible to remove or force the removal
of any structures or vegetation on adjacent properties that may exist
now or that may be constructed/installed in the future to block any
portion of the solar energy system.
E. A solar farm is allowed within any A-2, AGO or M-4 Zoning Districts with approval of a conditional use permit and pursuant to the requirements in §
420-148B(105) of this chapter.
F. A solar farm shall be assessed to the extent required by law.
G. A solar farm shall pay as applicable the public utility distribution,
license fee, state taxation, and other monetary obligations as and
to the extent required by law.
H. The Village Zoning Administrator shall be notified, in writing, within
60 days of any ownership transfers or sales of a solar farm.
I. All solar farms are required to obtain a Village business license
pursuant to this chapter.
J. Abandonment, removal and security for removal.
(1)
Abandonment. When a solar energy system is no longer in operation
or producing energy, the owner shall notify the Zoning Administrator
in writing. Any solar energy system that has not operated for a continuous
period of 12 months shall be considered abandoned. Time may be extended
upon review and approval of the Zoning Administrator.
(2)
Removal. It is the expressed policy of the Village and this
section that a solar energy system be removed once it is no longer
in use and not a functional part of providing the intended energy
and the site or building restored as necessary.
(3)
Security for removal. The owner of a solar farm shall provide
to the Village, prior to issuance of a solar farm permit, a performance
bond or a surety bond equal to a written estimate to remove the solar
farm when the system is no longer in operation. The Village will be
named as the obligee in the bond, and the Village shall approve the
bonding company and the bond format.
K. Limitations upon authority. The Village review and action in the
matter shall be subject to the limitations imposed by § 66.0401,
Wis. Stats. In the event the applicant believes the Village has exceeded
its authority in this regard, the applicant shall notify the Village,
and the Village may reconsider the matter. In that event, the applicable
permit authority of the Village may modify the requirements of this
section as applied to that application, on a case-by-case basis if,
and only to the extent, such modification is necessary to ensure that
applicable laws are followed. This section is intended to allow case-by-case
consideration of the standards of § 66.0401(1m), Wis. Stats.,
as needed.