Village of Dresser, WI
Polk County
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Table of Contents
Table of Contents
(1) 
The purpose of this chapter is to adopt minimum requirements to promote the health, safety, morals, prosperity, aesthetics and general welfare of the Village; to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and the use of buildings, structures and land for trade, industry, residence or other purposes; and for said purposes to divide the Village into districts of such manner, shape and area as are deemed best suited to carry out said purpose.
(2) 
It is not the intent of this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall apply.
(3) 
The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin statutes.
(1) 
Condominiums shall be subject to all provisions of this chapter. The exterior boundaries of any parcel of land included in any condominium form of ownership shall be deemed the lot lines for purposes of the provisions herein provided. Exterior boundaries shall be the lines where the condominium parcel abuts any public property, or any private property owned by others, including other condominium parcels. The interior lines of demarcation or other descriptions of any condominium units, common elements and limited common elements shall not be deemed lot lines. The total use of the entire parcel of land included in a condominium form of ownership, including subsequent expansions thereof, shall comply with the regulations for permitted and conditional uses provided in the respective zoning district or districts where such condominium is located. In applying the provisions of this chapter, the entire parcel of land included in the condominium form of ownership shall be treated as owned by one entity in its entirety. No requirements, restrictions or conditions shall apply to or be imposed on a physically identical development under a different form of ownership or on all other property of similar character not subjected to a condominium form of ownership.
(2) 
No lot in the R-1, R-2 or R-3 Districts shall have more than one principal building thereon.
(3) 
In determining where the lot line is along a street without a survey, measurements shall be made from the street center line a distance as applicable in the diagrams incorporated herein by reference.
The following zoning districts are hereby established:
(1) 
R-1 Single-Family and Two-Family Residential District.
(2) 
R-2 Single- and Two-Family Residential District.
(3) 
R-3 Single-Family Residential District.
(4) 
R-4 Multi-Family Residential District.
(5) 
R-5 Multi-Family Residential District.
(6) 
Mixed Residential-Recreation District.
(7) 
RD Rural Development District.
(8) 
MH Mobile Home Park and Mobile Home Subdivision District.
(9) 
B-1 Shopping Center Commercial District.
(10) 
B-2 Highway Commercial District.
(11) 
B-I Heavy Commercial-Light Industrial District.
(12) 
I General Industrial District.
(13) 
C Conservancy District.
(14) 
Groundwater Protection Overlay District; Wellhead Protection.
(1) 
Boundaries. The boundaries of the aforesaid districts are hereby established as shown on the Official Zoning Map, Village of Dresser Wisconsin. Such map, together with a copy of this chapter shall be available for public inspection in the office of the Village Clerk-Treasurer. The map shall be certified by the Village President and attested by the Clerk-Treasurer. Any changes in zoning district boundaries shall be recorded on the map. No change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.
(2) 
Amendments. Ordinance Nos. 117 (4th Addition), 121, 136, 141, 145, 149, 155, 170, 173, 181, 190, 203, 209, 214, 217, 237.
(1) 
The district boundaries are either streets or alleys unless otherwise shown and where the designation on the official Zoning Map indicates that the various districts are approximately bounded by a street or alley line, the center line of such street or alley shall be construed to be the district boundary line.
(2) 
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the official Zoning Map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.
(3) 
In unsubdivided property, the district boundary lines shown on the official Zoning Map shall be determined by the use of the scale shown on such map.
No structure or land shall hereafter be used, no land use shall be substantially changed, and no structure shall be erected, moved or structurally altered without full compliance with the terms of this chapter and other applicable regulations and until a building permit has been issued.
Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
Sewage disposal facilities shall be connected to the sewage disposal system of the Village. In any district where public sewage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with Wis. Adm. Code H 65. In no case, however, shall the minimum lot size required in the zoning district in which such structure is to be located be reduced below the specified minimum.
No lot shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met.
(1) 
Yard required for each building. No part of the yard or open space required for a given building shall be included as part of the yard or other space required for another building.
(2) 
Projections into yards. Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings and the ordinary projections of sills, cornices and ornamental features projecting not more than 48 inches, except that in commercial areas, a permanent awning and its accessory columns or struts may project not more than six feet into a required front or side yard.
(3) 
Fire escapes. Open or enclosed fire escapes may project into a required yard not more than five feet and into a required court not more than 3 1/2 feet, provided it be so located as not to obstruct light or ventilation.
(4) 
Yards in commercial and industrial districts. No side yard or front yard in any Commercial or Industrial District shall be used for storage or the conduct of business.
(5) 
Accessory buildings. Detached garages shall not exceed 1,200 square feet in area, nor exceed 15 feet in height. Only one detached garage may be constructed on a single lot or parcel. In addition, one garden shed not more than 120 square feet and 15 feet in height may be constructed on a single lot or parcel. Any accessory building projected forward of the rear building line shall be deemed part of the principal building for front and side yard setback requirements.
[Amended by Ord. No. 129]
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts or aerials, and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances of the Village.
In each quadrant of every street intersection there shall be designated a vision clearance triangle, bounded by the inner street lines and a line connecting them 35 feet from their intersection. Within this triangle, no object shall be allowed above the height of 2 1/2 feet above the streets if it obstructs the view across the triangle. This provision shall not apply to tree trunks, posts or wire fences.
In any Commercial or Industrial District, sufficient space for the loading or unloading of vehicles shall be provided on the lot in connection with any commercial or industrial use so that the public street shall at all times be free and unobstructed to the passage of vehicular and pedestrian traffic. Such space shall be provided as follows:
Gross Floor Space
Loading and Unloading Space Required in Terms of Square Feet of Gross Floor Area
0 to 1,500
None
1,501 to 10,000
One space
10,001 and over
One space plus one space for each 20,000 square feet in excess of 10,001 square feet
All space shall be of at least 10 feet by 50 feet, or 500 square feet in area, with clearance of at least 14 feet in height.
The following table of parking requirements for various uses shall be applied to all new developments. Allocation of said parking areas shall be indicated on the plans required for obtaining a building permit.
Use
Parking Requirements
Single-family residential
2 spaces/dwelling unit
Elementary schools
1 space/2 employees
Junior or senior high school
1 space/2 employees plus
1 space/10 students
Libraries
1 space/800 gross square feet
Auditoriums (school)
1 space/8 seats
School gyms, stadiums, etc.
1 space/8 seats
Institutions for care of the aged
1 space/4 beds plus
1 space/2 employees plus
1 space/doctor on staff
Hospitals
1 space/2 beds plus
1 space/2 employees plus
1 space/doctor on staff
Mobile home parks
2 spaces/lot
Philanthropic and charitable uses
1 space/2 employees plus adequate number to serve public (as determined by Building Inspector)
Public utilities and service uses
1 space/2 employees plus adequate number to serve public (as determined by Building Inspector)
Private clubs
1 space/lodging room plus spaces equal to 30% of capacity in persons
Noncommercial community center
Parking spaces equal to 30% of capacity in persons
Radio and TV stations
1 space/2 employees
Churches, etc.
1 space/6 seats
Apartment hotels
1 space/dwelling unit
Boarding houses, etc.
1 space/3 rooming units plus
1 space for manager
Multi-family residential
1.2 spaces/dwelling unit, except that in housing developments for the elderly this ratio shall be 0.5 spaces/dwelling unit
Taverns and restaurants
Parking space equal to 30% of capacity in persons
Service stations
1 space/2 employees plus
1 space for manager
Resorts
1 space/2 employees plus space equal to 20% capacity or
1 space/rental unit whichever is greater
Shopping centers
5.5 spaces/1,000 gross square feet of floor area
Bowling alleys
5 spaces/alley plus
1 space/300 gross feet used for bars, restaurants, etc.
Travel trailer parks
1 1/2 spaces per travel trailer site
Campgrounds
1 space/campsite
Pool halls, dance halls, pools, skating rinks, etc.
Parking space equal to 30% of the capacity in persons
Medical and dental clinic
3 spaces/staff member
Auto sales
2 spaces/employee
Post office
1 space/2 employees plus
1 space/300 gross square feet in excess of 4,000 square feet
Commercial schools (music, dance, etc.)
1 space/employee plus
1 space/5 students
Indoor theater
1 space/6 seats up to 400 seats plus 1 space/each 4 seats over 400
Funeral parlors
8 spaces/chapel or parlor plus
1 space/funeral vehicle
Highway commercial district
1 space/200 gross square feet in excess of 2,000 square feet or 6 spaces/1,000 gross square feet in integrated center
Animal hospitals and kennels
2 spaces/employee
Car wash
1 space/3 employees plus
1 space for manager plus space equalling 5 times capacity of car wash
Cartage and express facilities
1 space/vehicle operated plus
1 space/2 employees
Contractor or construction office
1 space/employee
Laundries
1 space/3 employees
Printing and publishing
1 space/3 employees
Warehousing and wholesaling
1 space/3 employees
Hotels
1 space/3 rooms
Laboratories
1 space/3 employees
Motels
1 space/unit plus
1 space/manager
Riding stables
1 space/employee and enough additional space for public (as determined by Plan Commission)
General industry
1 space/1.3 employees (maximum number of employees at one time in plant)
(1) 
Requirements for other than residential. Off-street parking for other than residential uses shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot.
(2) 
Construction permit. No parking lot shall be constructed or reconstructed unless and until a building permit is issued. Application for a permit shall be submitted with two copies of plans for the development and construction of the parking lot. Adequate ingress to the parking lot shall be provided and all parking spaces shall be provided adequate access by means of maneuvering lanes. Provisions of adequate ingress and egress shall be reviewed and approved by the Building Inspector or such other officials as may be designated by the Village Board.
(3) 
Planting requirements. All open off-street automobile parking areas, either created or redesigned and rebuilt subsequent to the adoption of this chapter, containing two or more rows of parking stalls and an area of 10,000 square feet or more, shall provide and maintain canopy-type shade trees along with other forms of vegetation hardy to this region in tree islands and planting strips totalling not less than 3% of the surfaced parking areas. The minimum size of each tree island or planting strip shall be not less than 50 square feet. The size, type and location of the islands and planting strips and the plant material shall be indicated on the plans required for obtaining a building permit.
(1) 
State laws adopted. The provisions of §§ 62.23(7)(i) and 66.1017, Wis. Stats., are hereby adopted by reference and shall supersede all permitted and conditional uses as stated in this chapter.
(2) 
Permitted uses; restrictions.
Community Living Arrangement (CLA); Family Care Homes
Districts Permitted
Statutory Restrictions
(a)
Foster family home (domicile licensed under § 48.62, Wis. Stats., up to 4 children
All residential districts
None
(b)
Other foster homes
All residential districts
§ 62.23(7)(i)1. and 2., Wis. Stats.
(c)
Adult family home (domicile) as defined in § 50.01(1), Wis. Stats., and certified under § 50.032(1), Wis. Stats., up to 4 adults, or more if all adults are siblings
All residential districts
None
(d)
Other adult family homes
All residential districts
§ 62.23(7)(i)1. and 2., Wis. Stats.
(e)
CLA, up to 8 persons
All residential districts
§ 62.23(7)(i)1., 2. and 9., Wis. Stats.
(f)
CLA, 9 to 15 persons
Multi-family districts
§ 62.23(7)(i)1., 2. and 9., Wis. Stats.
(g)
Family day care home licensed under § 48.65, Wis. Stats., up to 8 children
All 1- and 2-family districts and planned residential districts
§ 66.1017, Wis. Stats.
(3) 
Conditional uses. All community living arrangements and family day care homes not permitted in sub. (2) above. See sec. 17.24 of this chapter.
(1) 
Permitted uses and structures. Single-family and two-family dwellings and their accessory structures or uses.
(2) 
Conditional uses and structures. Parks, greenways and open spaces, playgrounds, public and private schools, cemeteries, governmental and community service buildings and functions, utility lines, pumping stations, golf courses, churches, single-family planned residential developments, boarding houses, home occupations and agricultural uses which are limited to the raising and harvesting of field and forest crops.
[Amended by Ord. No. 129]
(3) 
Lot, yard and building requirements.
Lot frontage at setback: minimum 100 feet
Lot area: minimum 15,000 square feet
Principal building:
Height: maximum 35 feet
Front yard: minimum 30 feet
Side yards: minimum 10 feet; 25 feet combined
Rear yard: minimum 30 feet
Accessory buildings:
Rear yard: minimum 10 feet
Side yards: minimum 5 feet
Off-street parking: See sec. 17.12 of this chapter.
(1) 
Permitted uses and structures. Single-family and two-family dwellings and their accessory structures and uses.
(2) 
Conditional uses and structures. Parks, greenways and open spaces, playgrounds, public and private schools, cemeteries, governmental and community service buildings and functions, utility lines, pumping stations, golf courses, churches, single-family planned residential development, boarding houses, home occupations and agricultural uses involving the raising and harvesting of field and forest crops.
[Amended by Ord. No. 129]
(3) 
Lot, yard and building requirements.
Lot frontage at setback:
One-family: minimum 90 feet
Two-family: minimum 100 feet
Lot area:
One-family: minimum 12,150 square feet
Two-family: minimum 15,000 square feet
Principal building:
Height: maximum 30 feet
Front yard: minimum 30 feet
Rear yard: minimum 30 feet
Side yards: minimum 10 feet; 25 feet combined
Accessory buildings:
Rear yard: minimum 10 feet
Side yards: minimum 5 feet
Off-street parking: See sec. 17.12 of this chapter
(1) 
Permitted uses and structures. Single-family dwellings and their accessory structures or uses.
(2) 
Conditional uses and structures. Parks, greenways, open spaces, playgrounds, public and private schools, cemeteries, governmental and community service buildings and functions, utility lines, pumping stations, golf courses, churches, single-family planned residential development, boarding houses, agricultural uses involving the raising and harvesting of field and forest crops and home occupations.
(3) 
Lot, yard and building requirements.
Lot frontage at setback: minimum 75 feet
Lot area: minimum 8,400 feet
Principal building:
Height: maximum 30 feet
Front yard: minimum 25 feet
Rear yard: minimum 20 feet
Side yards: minimum 10 feet each
Accessory buildings:
Rear yard: minimum 5 feet
Side yards: minimum 5 feet
Off-street parking: See sec. 17.12 of this chapter.
(1) 
Permitted uses. Single-family residential uses and structures conforming at least to the minimum and maximum requirements of the R-2 District and multi-family uses provided they conform to the regulations in sub. (3) below:
(2) 
Conditional uses and structures. Parks, greenways and open spaces, playgrounds, public and private schools, hospitals, nursing homes, cemeteries, governmental and community service buildings and functions, utility lines, pumping stations, golf courses, churches, libraries, single-family residential development, home occupations, funeral homes and multi-family planned unit residential development.
(3) 
Lot, yard and building requirements.
Lot frontage at setback: minimum 75 feet
Lot area: minimum 8,400 square feet
Principal building:
Height: maximum 48 feet or 4 stories, whichever is less
Front yard: minimum 20 feet
Rear yard: minimum 20 feet
Side yards: minimum 10 feet each
Accessory buildings:
Rear yard: minimum 10 feet
Side yards: minimum 5 feet each
Dwelling size: minimum 600 square feet per unit
Lot coverage: Buildings, driveways and parking areas of premises used for multi-family developments shall not collectively cover more than 50% of the land area.
(1) 
Permitted uses. Same as sec. 17.16(1) of this chapter.
(2) 
Conditional uses. Same as sec. 17.16(2) of this chapter.
(3) 
Lot, yard and building requirements.
Lot frontage at setback: 100 feet
Lot area: minimum 3,500 square feet/dwelling unit
Principal building:
Height: maximum 48 feet or 4 stories, whichever is less
Front yard: minimum 30 feet
Rear yard: minimum 30 feet
Side yards: minimum 30 feet each
Accessory buildings:
Rear yard: minimum 20 feet
Side yards: minimum 10 feet
Dwelling size: minimum 800 square feet per unit
Lot coverage: Buildings, driveways and parking areas of premises used for multi-family developments shall not collectively cover more than 35% of the land area
[Added by Ord. No. 208]
(1) 
Permitted uses. Single, two-family and multi-family residential uses and structures, parks, open spaces, golf courses, ski resorts and recreation areas.
(2) 
Conditional uses. None.
(3) 
Lot, yard and buildings requirements.
(a) 
Single-family. Same as sec. 17.14(3) of this chapter.
(b) 
Two-family. Same as sec. 17.14(30 of this chapter.
(c) 
Multi-family. Same as sec. 17.16(3) of this chapter.
(d) 
Parks, golf courses, ski resorts and recreation areas. The minimum lot size and setbacks shall be appropriate for each facility, subject to the approval of the Plan Commission.
(1) 
Permitted uses and structures. Single-family residences, parks, open spaces, agriculture and general farming (except farms feeding offal or garbage and mink farms), dairying, livestock raising, truck farming forestry, poultry raising, cemeteries, municipal service functions and structures, pumping stations, quarries, churches, taverns, home occupants, trailer parks and golf courses.
(2) 
Conditional uses and structures. Landfills, sewage disposal plants, disposal areas, municipal service buildings and functions, incinerators, mink farms or farms feeding offal or garbage, cemeteries, gravel pits, fair grounds, airports, campgrounds, commercial and industrial uses provided they are adequately screened and approved by the Village Board.
(3) 
Lot, yard and building requirements.
Lot frontage at setback: minimum 270 feet
Lot area: minimum 2 acres
Principal building:
Height: maximum 35 feet*
Front yard: minimum 50 feet
Rear yard: minimum 50 feet
Side yards: minimum 50 feet each
Off-street parking: See sec. 17.12 of this chapter.
*
In no case shall any structure be closer than 40 feet from any lot line nor shall any landfill, disposal area, incinerator or principal structures or buildings for mink farms or farms feeding offal or garbage be less than 500 feet from any lot line.
(1) 
Permitted uses.
(a) 
Mobile home parks.
(b) 
Mobile home subdivisions.
(2) 
Conditional uses. Travel trailer parks and campgrounds.
(3) 
Mobile home park requirements. See also ch. 12 of this Code.
(a) 
Park requirements.
1. 
A minimum of five acres.
2. 
Forty foot minimum setbacks on all sides.
3. 
Maximum of 10 sites per acre.
4. 
A hard surface road no less than 24 feet wide serving all mobile home spaces.
5. 
Electricity, cable television and public sewer and water servicing all mobile home spaces.
6. 
Conform to requirements of Wis. Adm. Code HSS 177.
7. 
Temporary planting of fast growing material, e.g., hybrid poplar capable of growing to 15 feet or more, and permanent evergreen planting capable of reaching 15 feet in 10 years.
8. 
No mobile home site shall be rented for a period of less than 30 days.
(b) 
Space requirements.
Space frontage: minimum 50 feet
Space area: minimum 4,250 square feet
Front yard: minimum 25 feet
Side yards: minimum 15 feet
Rear yard: minimum 15 feet
Off-street parking: 2 hard-surfaced spaces per mobile home.
(4) 
Mobile home subdivision lot, yard and building requirements.
Lot frontage: minimum 60 feet
Lot area: minimum 6,600 square feet
Principal building:
Front yard: minimum 25 feet
Side yards: minimum 15 feet
Rear yard: minimum 15 feet
Building height: maximum 25 feet
Percent of lot coverage: maximum 25%
Floor area: minimum 840 square feet
Off-street parking: minimum 2 hard = surfaced spaces.
(5) 
Travel trailer parks and campgrounds. Travel trailer parks and campgrounds may be permitted in the Rural Development District and as conditional uses in the Conservancy District provided:
(a) 
The minimum size of a travel trailer park or campground shall be five acres.
(b) 
The maximum number of travel trailers or campsites shall be 15 per acre.
(c) 
Minimum dimensions of a travel trailer site or campsite shall be 25 feet wide by 40 feet long.
(d) 
Each travel trailer site or campsite shall be separated from each other travel trailer space or campsite by a yard not less than 15 feet wide.
(e) 
There shall be 1 1/2 automobile parking spaces for each trailer site and one for each campsite.
(f) 
There shall be a minimum yard setback of 40 feet at all lot lines of the travel trailer park or campground.
(g) 
It shall conform to the requirements of Wis. Adm. Code HSS 177.
(h) 
The screening provisions for mobile home parks are met.
(1) 
Permitted uses and structures. Hardware stores, drug stores, furniture stores, barber shops, grocery stores, supermarkets, bakeries, bars, telephone companies and offices, fruit stores, dry goods stores, luggage shops, stationery stores, personal and business service establishments, pet shops, coin operated laundromats, clothing stores, gift stores, variety stores, professional and medical offices, veterinarian offices, jewelry stores, banks, shoe stores, religious goods stores, packaged beverage stores, appliance sales and repair, sporting goods, insurance and real estate offices, radio and TV sales and service, catalogue order stores, savings and loan and finance companies, department stores, post offices, tobacco and magazine stores, beauty salons, music shops, parking areas, open spaces and parks.
(2) 
Conditional uses and structures. Municipal centers, thrift, secondhand, food pantry, or consignment retail stores, theaters, organization headquarters, governmental and utility offices and restaurants.
[Amended 8-6-2012 by Ord. No. 236-2012]
(3) 
Lot, yard and building requirements.
Lot frontage at setback: No minimum
Lot area: no minimum
Principal building:
Height: maximum 35 feet
Yards: no requirements
Off-street parking: See sec. 17.12 of this chapter.
(1) 
Permitted uses and structures. Gas stations, automobile sales and service stations and public garages, drive-in establishments serving food and beverages for consumption on premises, motels, night clubs, parks, restaurants, laundromats, professional laundry dry cleaning establishments and parking.
(2) 
Conditional uses and structures. Professional office buildings, trucking terminals, hospitals and clinics, churches, drive-in theaters, amusement parks, commercial greenhouses, highway-oriented commercial uses similar or customarily incident to the above uses.
[Amended 9-5-2012 by Ord. No. 238-2012]
(3) 
Lot, yard and building requirements.
Lot frontage at setback: minimum 60 feet
Lot area: minimum 12,000 square feet
Principal building:
Height: maximum 35 feet
Front yard: minimum 25 feet; 50 feet if parking is permitted
Rear yard: minimum 20 feet
Side yards: minimum 20 feet each
Off-street parking: see sec. 17.12 of this chapter
(1) 
Permitted uses and structures. Hardware stores, feed and seed stores, lumber sales and storage, automobile sales and service, cafes, newspaper and magazine publishers, parks, parking, utility lines, warehousing, open spaces, appliance sales and repair, contractors' offices, gas stations, governmental service buildings and functions, utility offices, bars, wholesale outlets, professional laundry and dry cleaning establishments, transshipment depots, commercial storage, locker plants, automotive repairs and assembly of products from glass, wood, leather, metals, paper, and plastics and textiles.
[Amended by Ord. No. 208]
(2) 
Conditional uses and structures. Feed mills, railroad depots and repair shops, bulk gas sales and storage; manufacture, fabrication, packing, packaging and assembly of products from glass, leather, metals, paper, plaster, plastics, textiles and wood, provided there is no outdoor storage of equipment, materials and products unless screened, and other commercial and light industrial uses similar or customarily incident to the above uses.
(3) 
Lot, yard and building requirements.
Lot frontage: no minimum
Lot area: no minimum
Principal building:
Height: maximum 35 feet
Yards: no requirements
Off-street parking: see sec. 17.12 of this chapter
(1) 
Permitted uses and structures. Automotive body repairs, automotive upholstery, cleaning, pressing and dyeing establishments; commercial bakeries, bulk gas storage and sales, utility lines, electrical generating plants, pump houses, commercial greenhouses, distributors, farm machinery, food locker plants, laboratories, machine shops, manufacture and bottling of nonalcoholic beverages, painting, printing, publishing storage and sale of lumber, machinery and equipment, trade and contractor's office, warehousing and wholesaling; manufacturing, fabrication, packing, packaging and assembly of confections, cosmetics, electrical appliances, electronic devices, food except cabbage, fish and fish products, meat products and pea vining; instruments, jewelry, pharmaceuticals, tobacco and toiletries; freight terminals and transshipment depots, inside storage, breweries, agriculture, parking and open areas.
(2) 
Conditional uses and structures.
[Amended by Ord. No. 222]
(a) 
Disposal areas, incinerators and sewage disposal plants, earth and sanitary landfill operations, and outdoor recreation areas and facilities.
(b) 
Manufacture and processing of abrasives, acetylene, acid, alkalies, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candle, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatine, glucose, gypsum, hair products, ink, insecticide, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickles, plaster of Paris, plastics, poison, polish, potash, pulp, proxylin, radium, rope, rubber, sausage, size, starch, stove polish, textiles and varnish. Manufacturing, processing and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, radioactive materials, shellac, soap, turpentine, vinegar and yeast. Bag cleaning, bleacheries, canneries, cold storage warehouses, electric and steam generating plants, electroplating, enameling, forges, foundries, garbage incinerators, lacquering, lithographing, offal, rubbish or animal reduction, oil, cola and bone distillation, refineries, road test facilities, slaughter houses, quarries, bulk gas storage and sales, smelting, stockyards, tanneries and weaving.
(c) 
Outside storage and manufacturing areas, wrecking, junk demolition and scrap yards shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public rights-of-way and shall be at least 600 feet from residential or commercial structures.
(d) 
Commercial service facilities such as restaurants and fueling stations, provided all such services are physically and sales-oriented toward industrial district users and employees and other users are only incidental customers.
(3) 
Lot, yard and building requirements.
[Amended by Ord. No. 125]
Lot frontage at setback: minimum 75 feet
Lot area: minimum 8,400 feet
Principal building:
Height: maximum 50 feet
Front yard: minimum 10 feet
Rear yard: minimum 30 feet
Side yards: minimum 10 feet each
Off-street parking: see sec. 17.12 of this chapter.
(1) 
Permitted uses and structures. The harvesting of wild crops such as marsh, hay, ferns, moss, wild rice, berries, tree fruits, tree seeds, sustained yield forestry, utilities such as, but not restricted to, telephone, telegraph and power transmission lines; hunting, fishing, scenic, historic, scientific wildlife preserve, nonresident buildings used solely in conjunction with the raising of water fowl or fish, hiking trails and bridle paths, accessory uses, public and private parks, and picnic areas, regulatory signs not over six square feet, and general farming provided no drainage, filling or dredging takes place and no farm buildings are constructed.
(2) 
Conditional uses and structures. Single-family residences, farm structures, and related uses shall be permitted if the property owner or developer can demonstrate the following:
(a) 
That on-site soil tests indicate that the proposed structures, uses and method of sewage disposal can be accommodated adequately and safely.
(b) 
That the lot in question is above any known high-water mark.
(c) 
Drain tile around foundations or other necessary improvements will be provided in areas having a high water table.
(d) 
In areas of severe slopes (over 10%), practices such as terracing, retaining walls or extensive landscaping will be done in order to prevent soil erosion of top soil.
[Added by Ord. No. 194]
(1) 
Purpose and authority. The residents of the Village depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can threaten or degrade groundwater quality. The purpose of this section is to institute land use regulations and restrictions to protect the Village's Municipal water supply and well fields as set forth in the Wellhead Protection Plan of February 2003, and to promote the health, safety, and general welfare of the residents of the Village. The Wellhead Protection Plan of February 2003 is hereby adopted by reference and is on file in the office of the Clerk-Treasurer.
(1 ) 
Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in §§ 61.35 and 62.23(7)(a) and (c). Under these statutes, the Village has the authority to adopt this section, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources.
(2) 
Applicability. This section shall apply within the Village boundary limits.
(3) 
Definitions. For the purpose of this section, the following words and terms shall have the meaning set out below unless the context specifically indicates otherwise.
(a) 
EXISTING FACILITIES — Current facilities, practices and activities which may cause or threaten to cause environmental pollution with that portion of the Village's wellhead protection area that lies within the corporate limits of the Village. Existing facilities include, but are not limited to, the type listed in the Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form which is on file in the office of the Clerk-Treasurer.
(b) 
GROUNDWATER PROTECTION OVERLAY DISTRICT — That area described within the Village Wellhead Protection Plan and set forth in this section. A copy of the Dresser Wellhead Protection Plan can be obtained from the Clerk-Treasurer.
(c) 
WELL FIELD — A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.
(d) 
RECHARGE AREA — The land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well.
(e) 
FIVE YEAR TIME-OF-TRAVEL — The recharge area upgradient of the cone of depression, the outer boundary of which is determined or estimated that groundwater and potential contaminants will take five years to reach a pumping well. The five year time-of-travel for the Dresser wells fields is established based on information contained in the Wellhead Protection Plan of February 2003.
(4) 
Groundwater Protection Overlay District.
(a) 
Zone WPA-A. The primary portion of the Village recharge area to be protected are the lands defined as the Zones of Contribution in the Wellhead Protection Plan of February 2003. It includes a one-thousand-two-hundred foot radius of Well #2 or Well #3 which has been extended to convenient geographic boundaries to define the wellhead protection area (see Figures 4 and 5, Wellhead Protection Plan, February 2003). These lands are subject to the most stringent land use and development restrictions because of close proximity to the wells and corresponding high threat of contamination.
(b) 
Zone WPA-B. A secondary portion of the Village recharge area to be protected is land which lies within the five year time-of-travel of groundwater to the well. The five year time-of-travel for the Village well field is shown in Figures 3 and 4 of the Wellhead Protection Plan.
(c) 
Permitted uses.
1. 
The following permitted uses in Zone WPA-A are subject to the separation distances set forth in par. (e) below, and the prohibited uses set forth in par. (d) below. The following are the only permitted uses within the Zone. Uses not listed are to be considered non-permitted uses.
a. 
Parks and playgrounds, provided there is no on-site waste disposal or fuel storage tank facilities.
b. 
Wildlife areas.
c. 
Non-motorized trails, such as biking, skiing, nature, and fitness trails.
d. 
Municipally sewered residential development, free of flammable and combustible liquid underground storage tanks.
e. 
Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need. The combination of a nutrient sources applied or available on individual fields may not exceed University of Wisconsin soil test recommendations for that field.
2. 
The following permitted uses in Zone WPA-B are subject to the separation distances requirements set forth in par. (e) below and the prohibited uses set forth in par. (d) below.
a. 
All of the uses permitted in Zone WPA-A.
b. 
Parks, playgrounds and beaches, provided onsite wastewater shall be discharged to a holding tank or municipal sewer.
c. 
Residential use of above ground LP gas tanks for heating, not to exceed 1,000 gallons.
d. 
Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances does not exceed 20 gallons or 160 pounds at any time.
(d) 
Prohibited uses. The following uses are prohibited uses within the Groundwater Protection Overlay Districts WPA-A and WPA-B. These uses are prohibited based on the high probability that activities routinely associated with these uses will cause groundwater contamination.
a. 
Underground storage tanks or above ground storage tanks.
b. 
Seepage and/or sludge spreading.
c. 
Animal waste landspreading.
d. 
Animal waste facilities.
e. 
Animal confinement facilities.
f. 
Gas stations.
g. 
Vehicle repair establishments, including auto body repair.
h. 
Printing and duplicating businesses.
i. 
Paint and coating manufacturing bus or truck terminals.
j. 
(Reserved)
k. 
Automotive service and repair shops, body shops.
l. 
Landfills or waste disposal facilities.
m. 
Wastewater treatment facilities.
n. 
Spray wastewater facilities.
o. 
Junk yards or auto salvage yards.
p. 
Bulk fertilizer and or pesticide facilities.
q. 
Asphalt products manufacturing.
r. 
Dry cleaning businesses.
s. 
Salt storage.
t. 
Recycling facilities.
u. 
Exterminating businesses.
v. 
Any other use determined by the Zoning Administration to be similar in nature to the above listed items.
(e) 
Separation distances. The following minimum separation distances, as specified in Wis. Adm. Code NR 811.16(4)(d), shall be maintained and shall not be exempted as listed in par. (g) below.
1. 
Fifty feet between a well and storm sewer main.
2. 
Two hundred feet between a well and any sanitary sewer main, lift station or single family residential fuel oil tank. A lesser separation distance may be permitted for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current American Waterworks Association (AWWA) 600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet. NOTE: Current AWWA 600 specifications are available for inspection at the office of the Wisconsin Department of Natural Resources, the Secretary of State's Office, and the office of the Revisor of Statutes.
3. 
Four hundred feet between a well and a septic system receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.
4. 
Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Commerce or its designated agent under Wis. Adm. Code COMM. 10.10.
5. 
One thousand feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal wastewater lagoons.
6. 
Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, one time disposal or small demolition facility; sanitary landfill; coal storage area; gasoline or fuel oil storage tanks that have not received written approval from the Department of Commerce or its designated agent under Wis. Adm. Code COMM. 10.10; bulk fuel storage facilities and pesticide handling or storage facilities.
(f) 
Existing facilities.
1. 
Existing facilities shall provide copies of all Federal, State and local facility operation approvals or certificate and on-going environmental monitoring results to the Village.
2. 
Existing facilities shall provide additional environmental or safety structures/monitoring as deemed necessary by the Village, which may include, but is not limited to, stormwater runoff management and monitoring.
3. 
Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
4. 
Existing facilities shall have the responsibility of devising and filing with the Village a contingency plan satisfactory to the Village which details how they intent to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including the prompt notification of Village officials of the situation.
5. 
Existing facilities cannot engage in or employ a use, activity, or structure listed in prohibited uses, par. (d) above which they did not engage in or employ at the time of enactment of a district and can only expand, replace in kind or rebuild those present uses, activities, equipment, or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity, or structure listed as prohibited use or conditional use shall be expanded, replaced in kind, or rebuilt unless a conditional use permit is granted for expansion, replacement, or rebuilding. This section does not apply to normal maintenance or minor repairs.
6. 
The owners of existing facilities shall comply with the requirements of this section to provide information, protections, monitoring or filing not later than six months after the effective date of this section.
(g) 
Exemptions and waivers.
1. 
Individuals and/or facilities may request the Village in writing to permit additional land uses in the Districts.
2. 
All requests shall be in writing. Such requests may require an environmental assessment report prepared by a licensed environmental engineer. Said report shall be forwarded to the Village and/or designees(s) for recommendation and final decision by the Village Board.
3. 
The Village Board shall review all requests for exemptions and waivers in the Groundwater Protection Overlay Districts as follows:
a. 
All determinations shall be made by the Village Board within 60 days of any request for approval, provided, however, that this sixty-day period limitation may be extended by the Village for "good cause", as determined in the sole and absolute discretion of the Village Board.
b. 
All determinations shall be based upon the following factors:
i. 
The Village's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.
ii. 
The degree to which the proposed use practice, activity, or facility may seriously threaten or degrade groundwater quality in the Village or the Village's recharge area.
iii. 
The economic hardship which may be faced by the landowner if the application is denied.
iv. 
The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.
v. 
The proximity of the applicant's property to other potential sources of contamination.
vi. 
The then existing condition of the Village's groundwater public water wells and well fields, and the vulnerability to further contamination.
vii. 
The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.
viii. 
Any other hydrogeological data and information which is available from any public or private agency or organization.
ix. 
The potential benefit, both economic and social, from the approval of the applicant's request for a permit.
4. 
The individual/facility shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
5. 
Any exemptions granted shall be conditional and may include required environmental and safety monitoring consistent with local, State and Federal requirements, and/or bonds and/or securities satisfactory to the Village.
(5) 
Supremacy of this district. The regulations of an overlay district will apply in addition to all other regulations which occupy the same geographic area. The provisions of any zoning districts that underlay this overlay district will apply except when provisions of the Groundwater Protection Overlay District are more stringent.
(6) 
Enforcement and penalties.
(a) 
In the event that an individual and/or facility causes the release of any contaminants which endanger the District, the individual and/or facility causing said release shall immediately stop the release and clean up the release to the satisfaction of the Village.
(b) 
The individual/facility shall be responsible for all costs of cleanup and consultation fees incurred by the Village, as well as the cost of oversight, review and documentation, including the following:
1. 
The cost of Village employees' time associated in any way with the cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the Village, representing the Village's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation, and similar benefits.
2. 
The cost of equipment employed.
3. 
The cost of mileage reimbursed to the Village employees attributed to the cleanup.
(c) 
Following any such discharge, the Village may require additional test monitoring or other requirements as outlined in sub. (4)(f) above.
(d) 
Violations. It shall be unlawful to construct or use any structure, land or water in violation of this section. Any person who is specifically damaged by such violations may institute appropriate action or proceeding to enjoin a violation of this section.
(e) 
Penalties. Any person who fails to comply with the provisions of this section shall, upon conviction thereof, forfeit not less than $100 nor more than $500 plus the costs of the prosecution for each violation, and, in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until payment thereof, but not exceeding 30 days or, in the alternative, shall have such costs added to his real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.
(1) 
Existing nonconforming uses. The lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter; however:
(a) 
Only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter.
(b) 
Total life time structural repairs or alterations shall not exceed 50% of the fair market value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
(c) 
Substitution of new equipment may be permitted by the Board of Zoning Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
(2) 
Abolishment or replacement. If such nonconforming use is discontinued or terminated for 12 months, any future use of the structure or land shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity, to the extent of more than 50% of its fair market value, it shall not be restored except so as to comply with the use provisions of this chapter. A current file of all nonconforming uses shall be maintained by the Building Inspector listing the following at the time of its becoming a nonconforming use:
(a) 
Owner's name and address.
(b) 
Use of the structure or land.
(c) 
Fair market value.
(3) 
Existing nonconforming structures. The lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading and access provisions of this chapter; however, it shall not be extended, enlarged, reconstructed, moved or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter.
(4) 
Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Board of Zoning Appeals has permitted the substitution of a more restricted nonconforming use for an existing nonconforming use, the substituted use shall lose all status as a legal nonconforming use and become subject to all the conditions required by the Board of Zoning Appeals.
(5) 
Substandard lots. In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel, provided such lot or parcel was of record in the County Register of Deeds office before the effective date or amendment of this chapter. Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If in separate ownership, all the district requirements shall be complied with insofar as practical, but shall not be less than the following:
Lot frontage: minimum 40 feet
Lot area: minimum 4,600 square feet
Building:
Height: maximum 30 feet
Front yards: minimum 25 feet; the second street yard on a corner lot shall be not less than 10 feet
Rear yard: minimum 25 feet
Side yards: minimum 16% of the frontage, but not less than 5 feet
(6) 
Nonconforming lots, structures and uses in industrial district. In the B-I and I Districts, single-family detached dwellings and their accessory structures may be erected on any legal lot or parcel of record at the time of the adoption of this chapter. The burden of proof shall be on the applicant for a building permit or certificate of zoning compliance to show that said lot was of record in the County Register of Deeds office prior to the adoption of this chapter. No further subdivision for residential purposes is permitted in the Industrial District. Any building or structure erected after the adoption of this chapter under this section shall conform to the requirements of subs. (3) and (5) above, but shall not be subject to the repair and termination provisions of subs. (1) and (2) above.
(1) 
Notice and hearing. The Plan Commission may authorize the Building Inspector to issue a conditional use permit for conditional uses specified in this chapter after review and a public hearing, provided such uses are in accordance with the purpose and intent of this chapter. Notice of such public hearing specifying the time, place and subject matter shall be given in the manner specified in the Wisconsin statutes. The Plan Commission shall state, in writing, the grounds for refusing a conditional permit.
(2) 
Application; information to be submitted. Application for conditional use permits shall be made in duplicate to the Building Inspector on forms provided by his office. Such application shall be forwarded to the Plan Commission on receipt by the Building Inspector. Such applications shall include, where applicable:
(a) 
Names and addresses of the applicant, owner of the site, architect, professional engineer, planner, contractor and all opposite and abutting property owners of record.
(b) 
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(c) 
Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.
(d) 
Additional information as may be required by the Plan Commission, the Village Engineer, the Building Inspector or the Health Inspector.
(e) 
Fee receipt from the Clerk-Treasurer in the amount of $10.
(3) 
Standards. No conditional use shall be granted by the Plan Commission unless the Commission shall find:
(a) 
That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(b) 
That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood.
(c) 
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(d) 
That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
(e) 
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(f) 
That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(g) 
Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
(4) 
Evaluation; assistance. The Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance.
(5) 
Planned unit developments. Planned unit developments (PUD) are permitted as conditional uses in all residential zones. PUD's are intended to provide for innovative large-scale residential developments. A PUD must be contiguous and under one ownership or control. A minimum quantity of land, approved by the Village Board on a case by case basis, shall be dedicated to the PUD to adequately meet the needs of the development. Plans for the proposed development shall show the location, size and proposed use of all structures and land included in the area involved. Individual drainage and planting plans shall be provided for the entire development. The plans may provide for a combination of single-family and multi-family development as well as closely related commercial uses, provided the plans indicate:
[Amended by Ord. No. 186]
(a) 
That the overall density shown on the PUD plan for residential-associated commercial uses shall not exceed an average density of 11 persons per acre. In computing population density, a factor of 3.0 persons shall be used per one family dwelling, 2.5 persons per garden-type apartment unit or townhouse and 1.5 persons per high rise apartment unit.
(b) 
That paved streets and sidewalks adequate to serve the needs of the area will be provided.
(c) 
That adequate access to public streets and proper internal circulation will be provided.
(d) 
That adequate sewer and water facilities will be provided.
(e) 
That the development will constitute a reasonable extension of the living areas in the Village and will be compatible with surrounding land uses.
(f) 
That adequate safeguards will be taken to insure that the parks and other open spaces shown on the plan are permanently reserved as parks and open spaces.
(6) 
Manufacturing uses; performance standards. All manufacturing uses listed in the conditional use classification in the Industrial District regulations shall give evidence of ability to comply with the following standards before the issuance of a building permit or certificate of occupancy. Continued compliance shall be required during the operation of such uses and activities. No use already established on the effective date of this chapter shall be so altered or modified as to conflict with, or further conflict with, the performance standards established hereafter.
(a) 
Vibration. No operation which creates vibrations which are readily detectable without the use of instruments at any point along lot lines shall be permitted.
(b) 
Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 1, Ch. 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," dated June 16, 1957, and any subsequent revisions or amendments.
(c) 
Odor. No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.
(d) 
Toxic or noxious matter. No discharge beyond lot lines of any toxic matter in such quantity as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property and/or business, shall be permitted.
(e) 
Glare. No direct or reflected glare shall be detectable from any residential district. If such glare is detectable, adequate buffering by fence, hedge or wall shall be constructed to alleviate the condition.
(f) 
Heat. No direct or reflected heat shall be detectable without instrument from any commercial or residential district boundaries. If such heat is detectable, adequate buffering by fence, hedge or wall shall be constructed to alleviate the condition.
(g) 
Dust. No solid or liquid particles shall be emitted in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.
(h) 
Ash. No emission of fly ash in excess of the quantity specified in the following table shall be permitted:
Heat of Fuel Burned
(British Thermal Unit per hour)
Fly Ash Rate of Emission
(pounds per hour)
1,000,000
1
100,000,000
100
400,000,000
330
1,000,000,000
750
2,000,000,000
1,365
3,000,000,000
1,850
4,000,000,000
2,260
5,000,000,000
2,640
6,000,000,000
2,950
7,000,000,000
3,200
8,000,000,000
3,410
10,000,000,000
3,750
For heat content between any two consecutive heat contents given in the table, the fly ash limitations shall be determined by means of interpolation.
(i) 
Smoke. No emission of smoke from any source, as measured in the Ringlemann Chart published by the United States Bureau of Mines, shall be permitted in excess of:
1. 
In commercial districts, a density described as Ringlemann No. 3 may be emitted for not more than three minutes in any 15 consecutive minutes.
2. 
In any industrial district, a density described as Ringlemann No. 3.
(j) 
Sound. At no point on or beyond the boundary of any lot in an industrial district shall the sound pressure level resulting from any use or activity, whether open or enclosed (except noises not directly under control of the property user, noise resulting from the construction and maintenance of buildings and facilities, including site preparation and the noises of safety signals, warning devices, railroads and airports), exceed the maximum permitted decibel levels for the designated octave band, as set forth in the table below.
Octave Band, Frequency
(cycles per second)
Sound Pressure Levels
(decibels)
0 to 74
79
75 to 149
74
150 to 299
66
300 to 599
59
600 to 1,199
53
1,200 to 2,399
47
2,400 to 4,799
41
4,800 and over
39
Where an industrial district abuts a district permitting residences, the maximum permitted decibel levels at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level in the table.
[Amended by Ord. No. 143]
(1) 
Purpose and intent.
(a) 
The purpose of these regulations on outdoor advertising signs is to establish minimum standards to protect the public health, safety and welfare and promote the community aesthetics by regulating the location, size, construction, appearance and maintenance of signs in the Village. Outdoor signs of all types are to be regulated to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of the Village. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents and to reduce hazards that may be caused by signs within the public rights-of-way.
(b) 
The Village determines that these regulations constitute a legitimate exercise of the police power of the Village to regulate the use of public streets and public ways. The Village recognizes that its economy relies, in substantial part, upon tourism for its economic well being. The Village finds that the proper regulation and control of outdoor advertising will promote tourism in the Village.
(2) 
Applicability.
(a) 
Regulations apply to all districts. The requirements of this section apply to all signs in all districts unless specifically exempted or excluded.
(b) 
Governmental signs excluded. For the purpose of this section, "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function or required by law, ordinance or governmental regulation. All other signs and outdoor advertising are hereby regulated.
(c) 
Definitions. Unless the context otherwise requires, the following definitions shall be used in the interpretation of this section:
1. 
SIGN — Any letter, symbol, number or combination of these that can be seen from the right-of-way of a street or highway. Signs include all outdoor advertising, but do not include buildings or ornamental wall murals approved by any Village commission and other official public information signs.
2. 
SIGN, GROUND — A sign that is attached to posts, landscape walls or fences, or placed on the ground and is not affixed to any part of any building on the subject site.
3. 
SIGN, ON-SITE — A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises.
4. 
SIGN, OFF-PREMISES OR BILLBOARD — A sign that advertises a business, commodity, service, entertainment or public service where the item advertised is not located on the site where the sign is located.
5. 
SIGN, PORTABLE TRAILER — A motor vehicle or trailer with a street graphic mounted thereon. It may be double faced.
6. 
SIGN, PROJECTING — A sign which is attached to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
7. 
SIGN, ROOF — Any sign placed, erected, constructed or maintained upon or over the roof or parapet of any building with the principal support being on the roof structure.
8. 
SIGN, WALL — All signs attached or painted against a building, fence or other structure. Wall signs shall not extend beyond the surface of the building or structure to which attached by more than six inches.
9. 
SIGN, WIND — Any streamer, pennant, flag, whirligig or other device designed to move, flutter, rotate or display any other movement under the influence of the wind for advertising or signage purposes.
(3) 
Building permit required. No sign shall be hereafter located, erected, moved, reconstructed, extended, enlarged or structurally altered without a building permit and without being in conformity with the provisions of this section. The sign shall also meet all the structural requirements of the Building Code.
(4) 
Sign permits required. No sign shall hereafter be located, moved, erected, extended, enlarged or structurally altered without a sign permit and without being in conformity with the provisions of this section. All signs shall meet all structural requirements of other applicable sections of this Code. The building permit and sign permit requirements of this section shall be as set forth in sec. 14.08 of this Code.
[Amended by Ord. No. 147]
(5) 
Signs permitted in residential districts. All signs are prohibited in all Residential Districts except the following:
(a) 
Signs over show windows or doors or a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two feet in height and 10 feet in length.
(b) 
Real estate signs not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.
(c) 
Name, occupation and warning signs not to exceed two square feet located on the premises.
(d) 
Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises.
(e) 
Memorial signs, tables, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.
(f) 
Official signs such as traffic control, parking restrictions, information and notices.
(g) 
Temporary signs when authorized by the Building Inspector for a period not to exceed 30 days.
(h) 
Temporary real estate signs erected for the purpose of promoting or selling residential real estate or dwellings located in a residential development approved by the Village Board and under construction in accordance and in compliance with ch. 18 of this Code and, further provided, that the Village Board approves an application for such signs after review and establishes that all the following minimum standards exist:
[Added by Ord. No. 187]
1. 
Such signs shall not exceed 100 square feet on any one side nor shall such signs exceed the height limitations imposed elsewhere in this Code.
2. 
Only one such sign shall be permitted for each street frontage upon which the subdivision property abuts.
3. 
Such signs shall not be located closer than 100 feet from any residence in existence at the time the sign is erected.
4. 
Such signs shall not be located on any public property nor shall such signs be placed off the development property premises. This provision shall not be deemed to prohibit any advertising of the existence, sale, lease or other promotion of the development real property or dwellings otherwise permitted outside the residential district.
5. 
Such signs shall not be illuminated.
6. 
The approval for such signs shall be for one year, at the end of which time all such signs shall be removed unless the Village Board receives a written extension application filed with the Clerk-Treasurer by the developer not less than 30 days in advance of the then current expiration date. The approval of any extension shall be on the same grounds as any original application. Any extension of approval shall be for one year. However, any extension application may be denied whenever the project real estate is 85% sold or leased. Any such signs shall be removed and any extension application shall be denied at any time the Village Board determines that the whole remaining project property is or has been conveyed to any person or entity other than the original developer.
(6) 
Restrictions in commercial and industrial districts. Signs are permitted in all Commercial and Industrial Districts subject to the following restrictions:
(a) 
Wall signs placed against the exterior walls of buildings shall not extend more than six inches outside of a buildings wall surface, shall not exceed 200 square feet in area for any one premises and shall not exceed 20 feet in height above the mean center line street grade.
(b) 
Projecting signs fastened to, suspended from or supported by structures shall not exceed 100 square feet in area, shall not exceed more than six feet into any required yard, shall not extend more than six feet into any right-of-way, shall not be less than 10 feet from all side lot lines, shall not exceed a height of 20 feet above the mean center line street grade, and shall not be less than 10 feet above the sidewalk nor 15 feet above a driveway or alley.
(c) 
Ground signs shall not exceed 20 feet in height above the mean center line street grade, shall meet all yard requirements for the district in which they are located and shall not exceed 200 square feet on all sides for any one premises.
(d) 
Roof signs shall not exceed 10 feet in height above the roof, shall meet all the yard and height requirements for the district in which they are located and shall not exceed 200 square feet for any one premises.
(7) 
Illumination. Illumination of signs shall be permitted, provided that the source of light shall be located, shielded or concentrated in such a manner as to prevent glare upon any street.
(8) 
Spacing. No sign except those permitted in sub. (4) above shall be permitted to face a Residential District within 100 feet of each district boundary.
(9) 
Interference. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices. No sign shall be erected, relocated or maintained so as to prevent free ingress or egress from any door, window or fire escape and no sign shall be attached to a standpipe or fire escape. No sign shall be placed so as to obstruct or interfere with traffic visibility.
(10) 
Off-premises signs. Off-premises signs, including billboards and movable free standing signs, are prohibited.
(11) 
Prohibited signs. The following signs are prohibited except as specified below:
(a) 
Signs in the public right-of-way. No sign shall be placed in any public right-of-way or publicly owned property except publicly owned signs such as traffic control signs and directional signs. Signs may not project into the public right-of-way or adjoining parcels. The only other exceptions to the prohibition of signs in the public right-of-way are signs promoting community, service, fraternal or youth organizations that are specifically approved by the Plan Commission.
(b) 
Moving or flashing signs. No sign shall be erected that has any flashing, rotating or brilliant intermittent parts or lights or bare reflecting bulbs, except those giving public service information such as time, date, temperature, weather or similar information.
(c) 
Wind signs. Wind signs shall be prohibited. National, State or local government flags or the official flag of any institution or business shall not be considered as wind signs.
(d) 
Portable trailer signs and signboards. Portable trailer signs and signboards shall be prohibited.
(12) 
Noncommercial messages. Any sign otherwise permissible and permittable, where required, shall not lose its legal, conforming status nor be deemed to be unacceptable if displaying a noncommercial, otherwise legal message.
(13) 
Nonconforming signs. Signs lawfully existing at the time of the adoption or amendment of this section may be continued although the use, size, location or other specifications do not conform with the provisions of this section. However, the same shall be deemed to be legal but nonconforming uses or structures.
(a) 
Normal maintenance of nonconforming signs, including necessary nonstructural repairs and incidental alterations that do not extend or intensify the nonconforming features of the signs are permitted. No structural alterations or extensions shall be made unless they result in the elimination of the non-conforming feature. A change in the sign message or copy that does not violate the provisions of this section otherwise shall not be prohibited nor shall such affect the legal status of the sign.
(b) 
A nonconforming sign shall not be changed or altered in any manner that would increase the degree of its non-conformity, be enlarged or expanded, or be substantially structurally altered or moved in whole or in part to a location where it would remain nonconforming.
(c) 
The provisions of § 59.97(10), Wis. Stats., shall apply to all nonconforming signs.
(1) 
Duty of Building Inspector and police. The Building Inspector, with the aid of the Police Department, shall enforce the provisions of this chapter. The Police Department shall report to the Building Inspector any activities which are being carried out without the required permit.
(2) 
Applications, plans and information to be submitted. All applications for a building permit shall be made to the Building Inspector and shall be accompanied by plans in duplicate, drawn to scale, showing the name and address of the property owner; location, actual shape and dimensions of the lot to be built upon high water mark of any abutting water course; center line of abutting streets and highways, the exact size and location on the lot of the proposed or existing building and accessory building; the lines within which the building shall be erected, altered or moved; the existing and intended use of each building or part of a building; the number of families the building is intended to accommodate; and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this chapter. Fees for such permits shall be established by the Village Board.
(3) 
Certificate of occupancy. No vacant land shall be occupied or used and no building hereafter erected, altered or moved shall be occupied until a Certificate of Occupancy has been issued by the Building Inspector. Such certificate shall show that the building or premises or part thereof and the use thereof are in conformity with the provisions of this chapter. Such Certificate shall be issued only when the building or premises and the use thereat conform to all the requirements of this chapter.
(1) 
Appointment. A Board of Zoning Appeals shall be appointed as specified in § 62.23(7)(e), Wis. Stats. The members shall serve without compensation and may be removed by the Village President for cause upon written charges and after public hearing. The Board shall make and file in the office of the Clerk-Treasurer its own rules and procedure consistent with the Wisconsin Statutes.
(2) 
Powers. The Board shall have the following powers:
(a) 
Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector.
(b) 
General exceptions. To hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass.
(c) 
Variances. To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done; provided, however, no such action shall have the effect of establishing in any district a use or uses not permitted in such district.
(d) 
Special permits. To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter for such purposes which are reasonably necessary for public convenience and welfare.
(3) 
Actions of Board. The Board may reverse or affirm wholly or in part or may modify any order, requirements, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Building Inspector. The concurring vote of four members of the Board shall be necessary to reverse any order, requirements, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass, or to effect any variation in the requirement of this chapter. The grounds of every such determination shall be stated and recorded.
(4) 
Appeals and variances. Any person aggrieved or any officer, department, board or commission of the Village affected by any decision of the Building Inspector under this chapter may appeal to the Board of Zoning Appeals by filing a notice of appeal along with a fee of $10 with the Building Inspector and with the Board specifying the grounds of appeal within 30 days after the decision or action complained of. The Board, after a public hearing may determine and vary the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board makes findings of fact in accordance with the standards hereinafter prescribed and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
(5) 
Application for variance and notice of hearing. An application for a variance shall be filed along with a fee of $10 per setback, in writing, with the Building Inspector. The application shall contain such information as the Board of Zoning Appeals may, by rule, require. Notice of the time and place of such public hearing shall be published at least once in a newspaper of general circulation in the Village, and also by mailing notice thereof to the parties in interest, said publication and mailing to be made at least 10 days prior to the date of hearing. The Board shall thereafter reach its decision within 90 days from the filing of the application.
(6) 
Standards for variances. The Board shall not vary the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that:
(a) 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.
(b) 
The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.
(c) 
The purpose of the variance is not based exclusively upon a desire to make more money out of the property.
(d) 
The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property.
(e) 
The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(f) 
The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(g) 
The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.
(7) 
Authorized variances. Variances from the regulations of this chapter shall be granted by the Board only in accordance with the standards established in sub. (6) above and may be granted only in the following instances and in no others:
(a) 
To permit any yard or setback less than a yard or a setback required by the applicable regulations.
(b) 
To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 80% of the required area and width for nonresidential lots.
(c) 
To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.
(d) 
To reduce the applicable off-street parking or loading facilities required by not more than one parking space or 20% of the applicable regulations, whichever number is greater.
(e) 
To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served.
(f) 
To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations.
(1) 
ACCESSORY BUILDING — Any building other than, and not attached to, the principal building on a lot. Any structure attached to the principal building shall be deemed part of the building and shall not be an accessory building.
(2) 
ALLEY — A street or thoroughfare affording only secondary access to abutting property.
(3) 
BASEMENT — That portion of any structure located partly below the average adjoining lot grade.
(3a) 
BOARDING HOUSE — A building other than a hotel or motel where meals or lodging and meals are regularly served for compensation for not more than six persons; includes bed and breakfast establishments providing meals and lodging for tourists.
[Added by Ord. No. 129]
(4) 
BUILDING — Any structure used, designed or intended for the protection, shelter, enclosure or support of persons or property.
(5) 
BUILDING, HEIGHT OF — The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the gable of a gambrel, hip or pitch roof.
(6) 
CONDITIONAL USE — A use of land, water or building which is allowable only after the issuance of a special permit by the Plan Commission under conditions specified in this chapter.
(7) 
CORNER LOT — A lot abutting two or more streets at their intersection.
(8) 
DENSITY — Number of living units per acre allowable under the schedule of district regulations.
(9) 
DWELLING, SINGLE-FAMILY — A detached building designed for or occupied exclusively by one family. Excludes mobile home units.
(10) 
DWELLING, MULTI-FAMILY — A building or portion thereof for and occupied by two or more families.
(11) 
FAMILY — A group of persons related by blood or marriage and living together as a single housekeeping entity.
(12) 
FLOOR AREA — Area in square feet of all floors in all buildings, including elevators and stairways. Measured from outside of exterior wall to outside of exterior wall and multiplied by the number of floors. Includes basements which are used in the primary function of the building.
(13) 
FRONTAGE — The smallest dimension of a lot abutting a public street measured along the street line.
(14) 
GARAGE, PRIVATE — An accessory building or space for the storage only of not more than three motor-driven vehicles per dwelling.
(15) 
GARAGE, PUBLIC — Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
(16) 
GARAGE, STORAGE — Any building or premises used for storage only of motor-driven vehicles and where no vehicles are serviced, repaired, hired or sold.
(17) 
HOME OCCUPATION — A gainful occupation conducted by members of the family only, within their place of residence, provided that no article is sold or offered for sale on the premises, except such as is produced by such occupation, that no stock in trade is kept or sold, that no mechanical equipment is used other than such is permissible for purely domestic purposes and that no person other than a member of the immediate family living on the premises is employed.
(18) 
HOTEL, MOTEL — A building in which lodging, with or without meals, is offered to transient guests for compensation.
(19) 
LIVING SPACE RATIO — The square footage of open space, less the space used for vehicular movement, that exists for each square foot of building floor area.
(20) 
LOADING AREA — A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
(21) 
LOT — A parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory building together with the open spaces required by this chapter.
(22) 
LOT, DEPTH OF — The mean horizontal distance between the front and rear lot lines.
(23) 
LOT LINES — The lines bounding lots as defined herein.
(24) 
MINOR STRUCTURES — Any small, movable accessory erection or construction such as birdhouses, tool houses, pethouses, play equipment and walls and fences under four feet in height.
(25) 
MOBILE HOME — Any vehicle designed, used or so constructed as to permit its being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a residence or sleeping place for one or more persons.
(26) 
NONCONFORMING USE — A building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.
(27) 
OPEN SPACE — Total area in square feet of all uncovered open space of the land area within the site to be developed plus 1/2 of covered open spaces such as park shelters and carports.
(28) 
OPEN SPACE RATIO — The square footage of site "open space" provided for each foot of building floor area.
(29) 
RECREATION SPACE — Total area in square feet which is countable as open space, but is not paved in streets, walks or driveways is suitable for recreational pursuits. The smallest countable recreation area is 1,000 square feet. That part of a recreation area having a dimension of less than 20 feet shall not be included as countable recreation space.
(30) 
RECREATION SPACE RATIO — The square footage of space for active recreation provided for each square foot of building area.
(31) 
SETBACK — The minimum horizontal distance between the street line and the nearest point of a building or any projection thereto.
(32) 
SIGN — Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks, or any billboard, board, fence, platform, surface, framework, grid, superstructure or supporting structure of any kind used for advertisement purposes or upon which any advertisement is shown, painted or displayed by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.
[Amended by Ord. No. 138]
(33) 
STREET — All property dedicated or intended for public or private street purposes or subject to public easements.
(34) 
STORY — That portion of a building included between the surface of a floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
(35) 
STREET LINE — A dividing line between a lot, tract or parcel of land and a contiguous street.
(36) 
STRUCTURE — Anything constructed or erected, the use of which requires permanent location on the ground.
(37) 
STRUCTURAL ALTERATIONS — Any change in the supporting members of a building or any substantial change in the roof or in the exterior walls.
(38) 
VISION CLEARANCE — An unoccupied triangular space at the corner of a corner lot which is bounded by the street lines and a setback line connecting points determined by measurements from the corner of each street line.
(39) 
WATER LINE — The shortest straight line at the waterfront end of a stream lot that lies wholly within the lot, provided that not less than 75% of the length of such water line shall be on, or on the landward side of, the normal high water mark of such stream.
(40) 
YARD — An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
(41) 
YARD, FRONT — That part of the lot extending the full width of the lot between the street right-of-way line and the nearest part of the principal building. For corner lots having frontage on two or more streets, a front yard shall be required along all street right-of-way lines.
(42) 
YARD, REAR — That part of a lot extending the full width of the lot between the rear lot line and the nearest part of the principal building. For corner lots having frontage on two streets with an interior lot line of more than 100 feet, the rear lot line shall be the interior lot line with the shortest distance. For corner lots having frontage on two streets with no interior lot line more than 100 feet, there shall be no rear lot line and all interior lot lines shall be considered side lot lines.
(43) 
YARD, SIDE — That part of a lot between each side lot line and the nearest part of the principal building extending from the front yard or front lot line where no front yard is required to the rear yard or rear lot line where no rear yard is required or the side lot line where no rear lot line exists. Each side shall comply with the respective minimum side yard setback provided in this chapter for the applicable zoning district and use. In addition, side yards on opposite sides of the principal building shall comply with the respective minimum combined total side yard setbacks provided in this chapter for the applicable zoning district and use.
(1) 
The Village Board may, from time to time, on its own motion or on petition, after first submitting the proposal to the Plan Commission for a recommendation and report, amend, supplement or change the districts or regulations herein or subsequently established. Any ordinance amending, supplementing or changing the districts and regulations herein or subsequently established shall not be adopted until a public hearing has been held by the Village Board and after publishing a Class two notice, as prescribed by Ch. 985, Wis. Stats., of the time, date and place of the public hearing thereon. The Village Board shall give an opportunity to any person interested to be heard.
[Amended by Ord. No. 134]
(2) 
In case of protest against such change duly signed and acknowledged by the owners of 20% or more either of the areas of land included in such proposed amendment, supplement or change, or by the owners of 20% or more of the area of land immediately adjacent existing 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment, supplement or change shall not become effective except by the favorable vote of 3/4 of the members of the Village Board.
(3) 
The applicant shall submit to the Clerk-Treasurer an administrative processing fee with the application in the amount of $150.
[Added by Ord. No. 180]
[Amended by Ord. No. 182]
Wires telecommunication towers and antennas may be installed, erected and maintained pursuant to the provisions of this section.
(1) 
Purpose and intent.
(a) 
To ensure the provision of personal wireless service within the corporate boundaries of, and for the benefit of, the residents of the Village.
(b) 
To protect the public health, safety and general welfare of the community, public and private property, and community aesthetics.
(c) 
To minimize the visual impact of towers and antennas and associated buildings through design and siting standards.
(d) 
To maximize the use of existing and approved towers and buildings to accommodate multiple antennas in order to reduce the number of towers needed to serve the community.
(e) 
To avoid damage to adjacent properties from tower failure through structural standards and setback requirements.
(2) 
Definitions. For purposes of this section, the terms used herein shall be defined as follows:
(a) 
ACCESSORY EQUIPMENT STRUCTURE — A building or cabinet-like structure located adjacent to or in immediate vicinity of a wireless telecommunications tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging services.
(b) 
ANTENNA — Equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omnidirectional "whip" antennae.
(c) 
ANTENNA SUPPORT STRUCTURE — Any building, pole, telescoping mast, tower, tripod or any other structure which supports an antenna.
(d) 
BASE TRANSCEIVER STATION — Equipment that provides the link between wireless communications and land-based public telephone switching networks, including radio frequency transceivers, backup power amplifiers, and signal processing hardware, typically contained in a small building or cabinet.
(e) 
CO-LOCATION — The location of wireless telecommunications equipment from more than one provider on a common tower, building or structure.
(f) 
COMMERCIAL RECEIVING AND/OR TRANSMITTING ANTENNA — Any antenna erected to transfer information for commercial use.
(g) 
MAST — The portion of the outside antenna system to which the antenna is attached and the support or extension required to elevate the antenna to a height deemed necessary for adequate operation.
(h) 
PERSONAL WIRELESS SERVICES — Licensed commercial wireless communication services, including cellular, personal communication services (PCS), enhanced specialized mobilized radio (EMR), paging and similar services.
(i) 
PUBLIC PROPERTY — Land, buildings or other structures owned or operated by the Village.
(j) 
TOWER — Any pole, spire, structure or combination thereof to which antenna could be attached or which is designed for an antenna to be attached and all supporting lines, cables, wires and braces.
(k) 
UNIFORM BUILDING CODE (UBC) — Published by the International Conference of Building Officials and referenced by the State to provide jurisdictions with building-related standards and regulations.
(3) 
Existing towers or antennas. Antennas, towers and accessory structures for which a building permit or special use permit has been properly issued prior to the effective date of this section are, after the effective date hereof, declared to be nonconforming uses subject to the provisions of sec. 17.23 of this chapter.
(4) 
Interpretation and applicability.
(a) 
This section shall be interpreted consistent with the provisions of the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996.
(b) 
This section shall apply to all persons, partnerships, corporations and other entities seeking to locate, site, place, modify or construct wireless telecommunications facilities within the corporate boundaries of the Village.
(c) 
This section reserves to the Village all authority contained in State law and existing Village ordinances regarding land use, zoning and regulation which has not been preempted by the Federal government pursuant to Sec. 704 of the Telecommunications Act of 1996 as to the placement, construction and modification of personal wireless service facilities.
(d) 
This section does not apply to the use or location of private residential citizen band radio towers, amateur radio towers or television antennas, or public safety communication facilities owned or operated by the Village.
(5) 
Permitted and conditional uses by zoning district height limitations.
(a) 
Permitted uses, co-location. Wireless telecommunications towers and antennas shall be allowed as a permitted use in all zoning districts if located or attached as follows:
1. 
Water towers. Wireless telecommunication antennas shall be permitted upon Village-owned water towers provided the applicant has incorporated applicable performance standards in sub. (7) below, a lease agreement with the Village has been approved by the Village Board, a building permit has been obtained, and all applicable fees have been paid.
2. 
Co-location on existing towers. Wireless telecommunication antennas shall be permitted to be attached to existing conforming church steeples; bell towers; smoke stacks; municipal, utility, hospital and school buildings; and radio towers in accordance with applicable siting guidelines and performance standards in subs. (6) and (7) below after the applicant has provided to the Village a written statement of approval from the tower or structure owner or lessor, has obtained a building permit from the Village and paid all applicable fees. The antenna shall not serve to extend the height of the existing conforming steeple, tower, smoke stack or radio tower nor shall the antenna extend more than 15 feet above the height of the roof of a building.
3. 
Utility poles. Wireless telecommunication antennae shall be permitted to be attached to utility poles after the applicant has provided a written statement of approval from the utility owner or lessor, has obtained a building permit from the Village and paid the necessary fees. The height of the antennae shall not extend more than 15 feet above the pole. Existing lattice utility pole structures may also be utilized provided the approval from the owner and building permit is obtained.
(b) 
Conditional uses. Wireless telecommunication towers and antennas shall be allowed as a conditional use under the permit procedure set forth in sec. 17.24 of this chapter in all zoning districts and in accordance with the co-location requirements stated in sub. (6) below, performance standards in sub. (7) below and specific procedural requirements in sub. (9) below. Conditional use permits are not required for towers or antennas used, owned or operated by the Village for public safety communications purposes.
(c) 
Height limitations. The following height limitations set forth the applicable limitations of this section and shall include all parts of the wireless telecommunication tower and antenna structure measured from the base.
1. 
Where allowed as a permitted use on water towers, as co-located, or on utility facilities, the antenna shall not serve to extend the height of the water tower, the existing conforming steeple, tower, smoke stack or radio tower nor shall the antenna shall not extend more than 15 feet above the height of the roof of a building.
2. 
Where allowed as a conditional use, the antenna shall not extend more than 15 feet above the height of the roof of an existing conforming building or structure or, for new construction, 90 feet above ground level measured from the base.
(6) 
Co-location requirements. No proposal for the construction of a new wireless telecommunication tower shall be approved unless the applicant documents to the satisfaction of the Village Board that the antenna planned for the proposed tower cannot reasonably be accommodated on a Village-owned water tower, on an existing conforming co-location tower or structure, or on a utility pole within the applicant's search ring, transcending the municipal borders, and for the purpose of providing service to the residents and businesses of the Village due to one or more of the following:
(a) 
The antenna would exceed the structural capacity of the existing or approved tower or building.
(b) 
The antenna would cause interference with other existing or planned equipment at the tower or building.
(c) 
Existing or approved towers and buildings cannot reasonably accommodate the antenna at a height necessary for the proposed antenna to provide services to the residents and businesses of the Village.
(d) 
Existing or approved towers and commercial buildings are outside of the documented search area.
(e) 
The owners or lessors of the existing or approved towers and buildings are unwilling to permit co-location upon their facilities.
(7) 
Performance standards. The requirements of this section apply to all wireless telecommunications towers and antennas erected, constructed, placed, modified or replaced in the Village. All wireless telecommunication towers and antennas shall be designed and situated to be visually unobtrusive, to minimize the impact upon neighboring uses and shall conform to the following design and siting criteria:
(a) 
Setbacks. The minimum setback from any property line or public right-of-way for a wireless telecommunication tower shall be equal to 100% of the height of the tower. Setbacks for accessory building and equipment structures associated with wireless telecommunication towers and antennae shall comply with the zoning district in which the facility is located.
(b) 
Accessory equipment structures. All accessory equipment structures adjacent to an antenna system and/or tower shall be screened or architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district.
(c) 
Fencing. When deemed applicable by the Village, appropriate safety fencing shall be incorporated within the site accommodating the tower and its accessory equipment structures.
(d) 
Landscaping and screening. When deemed applicable by the Village, proper landscaping and screening shall be incorporated into the site accommodating a tower and its accessory equipment structures.
(e) 
Color. The wireless telecommunication tower and antennae shall be of a neutral color such as light gray or sky blue except as dictated by the Federal Aviation Administration (FAA) and be designed to minimize visibility and to blend into the surrounding environment.
(f) 
Construction type and materials. Towers with antennas shall be designed to withstand applicable wind load requirements as prescribed in the Uniform Building Code. Towers and/or antenna systems shall be constructed of, or treated with, corrosive resistant material. A regular maintenance schedule shall be followed.
(g) 
Roof-mounted wireless communication antennas. Roof-mounted wireless telecommunication antennas shall not be permitted on buildings with pitched roofs unless they are stealth antennae incorporated into upward thrusting architectural elements such as a church steeple, spire or bell tower, smokestack or radio tower. On flat roofs, the height of the antenna and mounting hardware may not be more than 15 feet above the highest point of the roof to which the antenna is attached.
(h) 
Structurally mounted wireless communication antennas. Telecommunication antennas mounted on the sides of buildings shall be attached flush with the side of the building and shall not protrude more than three feet from the side of the building. Structurally mounted antennas not affixed to towers shall be made to blend into the design and contours of the structure.
(i) 
Lights. No antenna or tower shall be affixed or attached to it in any way any lights, reflectors, flashers, daytime strobes or steady nighttime light or other illuminating devices except as may be required by the FAA.
(j) 
Signs and advertising. No signs and/or advertising message shall be affixed to the antenna or tower structure.
(k) 
Other attachments. No antenna or tower shall have constructed thereon, or attached thereto, any platform, cat walk, crow's nest or like structure for the purpose of human support, except during periods of construction and repair.
(8) 
Obsolete or unused towers. All obsolete, damaged, unused or abandoned towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations unless a time extension is approved by the Village Board. If the tower is not removed, it may be deemed a nuisance pursuant to the Wisconsin Statutes. In the event a tower is determined to be a nuisance, the Village may act to abate such nuisance and require the removal of the tower at the property owner's expense. The owner shall provide the Village with a copy of the notice of the Federal Communication Commission (FCC) intent to cease operations and shall be given 12 months from the date of ceasing operations to remove the obsolete tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of 12 consecutive months. The equipment on the ground is not to be removed until the tower structure has first been dismantled. After the facilities are removed, the site shall be restored to its original or to an improved state.
(9) 
Procedural requirements. Applicants proposing to erect wireless telecommunication towers or antennas that require a conditional use permit shall follow procedures as set forth in sec. 17.24 of this chapter. Additional application materials shall include the following:
(a) 
A document from the property owner or lessor that permits the applicant to apply for a conditional use permit and building permit to erect a wireless telecommunications tower and/or antenna.
(b) 
A "scaled" site plan which shows property lines, location of wireless telecommunication tower or antenna, setback distances, any accessory equipment structure, fencing and landscaping proposed.
(c) 
An artist's or architect's sketch, concept or rendition of the site as built which demonstrates to the satisfaction of the Village Board that the proposed site will be as aesthetically in keeping with its surroundings as possible, including elevations, landscaping, screening, appropriate camouflage and fencing.
(d) 
Sufficient information to show that construction, installation and maintenance of the wireless telecommunication tower and/or antenna will not create a safety hazard or damage to the property of other persons.
(10) 
Building permits. No person shall place, construct or modify a wireless telecommunication tower or antenna without first having obtained a building permit. All towers and antennas are subject to plan review and inspection by the Village to determine compliance with Uniform Building Code construction standards. No building permit shall be issued by the Village without prior approval of a conditional use permit by the Village Board if applicable. When no conditional use permit is required, the applicant shall provide to the Village all information as required by this and other applicable ordinances of the Village at the time of application for a building permit. In addition to any other requirements of this or any other section of this Code, the building permit application shall include the following:
(a) 
A report and plan from a qualified and registered engineer or firm that specifies the following:
1. 
The tower height and design, including cross-section and elevation.
2. 
The height above grade for all potential mounting positions for co-located antennae and the minimum separation distances between antennae.
3. 
Structural mounting designs and materials list.
4. 
The capacity of the tower, including the number and type of antennae that the tower can accommodate.
5. 
As applicable, an engineer's stamp and number.
(b) 
Structural and electrical plans showing how the proposed tower will accommodate the co-location of the applicant's antenna and comparable antennas of additional users, and the plans and specifications whereby the proposed tower is designed to allow for future rearrangement of antennas to accommodate additional users and the mounting of additional antennas at varying heights.
(c) 
Plans and specifications showing how the proposed facility will be maintained in keeping with uniform building codes adopted by the Village.
(11) 
Inspection. The Village may, at any time, inspect any telecommunications tower, antenna or other facility to ensure their structural integrity. If, upon such inspection, the Village's duly designated inspector determines that the facility fails to comply with such applicable codes and that such failure constitutes a danger to persons or property, then, upon notice being provided to the owner of the facility, the owner shall have 30 days to bring the facility into compliance with the applicable codes and standards. Failure to bring the facility into compliance within the said 30 days shall constitute cause for the removal of the facility at the owner's expense.
(12) 
Non-interference. All new or existing telecommunications services shall comply with all relevant FCC and FFA standards and shall not interfere with public safety and other Village and private telecommunications operations.
(13) 
Insurance. The applicant shall provide the Village with proof of liability insurance which protects against losses due to personal injury or property damage resulting from the construction, operation or collapse of the tower, antennae or accessory equipment.
(14) 
Enforcement. The provisions of this section shall be enforced and penalties imposed for violations hereof as set forth herein and in secs. 17.26 and 17.35 of this chapter.
All territory annexed to the Village shall become part of the Rural Development District until definite boundaries and regulations are adopted by the Village Board, provided the Village shall adopt definite boundaries and district regulations, in accordance with the comprehensive plan, within 90 days from date of annexation.
(1) 
General. Except as otherwise provided for herein, any person who shall violate any provision of this chapter, or any order, rule or regulation made hereunder, upon conviction thereof, shall be subject to a penalty as provided in sec. 25.04 of this Code.
(2) 
Enforcement by injunction. Compliance with the provisions of this chapter may also be enforced by injunction order at the suit of the Village or one or more owners of real estate situated within an area affected by the regulations of this chapter.
(3) 
Declared nuisances. Any building erected, structurally altered or placed on a lot, or any use carried on in violation of the provisions of this chapter, is hereby declared to be a nuisance per se, and the Village may apply to any court of competent jurisdiction to restrain or abate such nuisance.