Village of Vernon, WI Article II Regulations for Sites, Uses, Buildings, and Accessory Structures

§ 300-7 Site regulations.

Every building hereafter erected, structurally altered, or relocated shall be located on a lot and in no case shall there be more than one principal building on a lot, except in agricultural, business, manufacturing, and public and institutional districts; and multifamily units and condominiums; and planned unit developments. The principal building, as defined in § 300-4, shall be built first in all districts. In any district where a building other than a residence is considered principal, such construction shall be subject to the prior approval of the Town Board. The Town Board may allow the issuance of a new residential home building permit and the occupancy of an existing residential structure on a parcel for one continuous two-year period, subject to specific Town Board approval and the following conditions:

A. Subject to the occupancy of the existing one-family residential structure being made by the same person who will occupy the new one-family residential structure for which the new residential home building permit is issued.

B. Subject to the applicant submitting to the Town Board written proof that the waste disposal system for the property upon which the current residence exists conforms to the applicable sanitary ordinances of the Waukesha County Environmental Health Division.

C. Subject to the applicant submitting to the Town Board and receiving approval as to form from the Town Attorney and as to amount from the Town Engineer a letter of credit or cash in the amount of 115% of the removal and restoration costs relative to the existing one-family residence as determined by the Town Engineer; and also submitting to and receiving approval from the Town Attorney and the Town Engineer an agreement which would allow the Town to access the property and remove the existing structure at the applicant's expense if the new applicant fails to do so within 60 days of issuance of an occupancy permit for the new residence; upon either of the following occurrences:

(1) Prior to the issuance of a new residential home building permit for any lot on which an existing residential home is occupied; or

(2) Prior to occupancy of any existing residential home on any lot for which a new residential home building permit has been issued.

(3) Subject to such additional conditions as the Town Board may require in the interest of the health, safety and welfare of the Town.

§ 300-8 Use regulations.

A. Uses restricted. In any district, no building or land shall be used and no building shall be hereafter erected, structurally altered or relocated except in conformance with the regulations hereinafter established for the district in which the property is located, or as otherwise provided in this code. Where a change in ownership or use or a new use of a building or premises is proposed in a business, manufacturing, or public and institutional district or at the site of a legal nonconforming use, a site plan and plan of operation shall be prepared for review and approval pursuant to § 300-6F of this code.

B. Unclassified uses. Any use not specifically listed as a permitted use shall be considered to be prohibited except as may be otherwise specifically provided for. In case of question as to the classification of a use, the Town Board, upon recommendation of the Town Plan Commission, shall determine if the unclassified use shall be permitted.

C. Accessory uses. In any district, accessory buildings, structures, and uses customarily incident to the permitted uses in that district shall be permitted subject to such requirements as may be designated for that district in which they are located, or as further regulated in this code.

D. Home occupations. Home occupations and professional offices, as defined in this code, when incident to the residential use and when situated in the same dwelling, subject to the following conditions:

(1) Home occupation and professional home shall be allowed to have wall or window signs not exceeding six square feet in sign area, mounted flush against the dwelling and only internally illuminated.

(2) Such home occupation or professional office shall not occupy more than 20% of the floor area of the dwelling. Home occupations located in basements shall provide two exits that comply with § 21.03(5), Wis. Adm. Code, as amended from time-to-time.

(3) Such home occupation shall not employ more than one person not a resident on such lot.

(4) Adequate off-street parking facilities are provided adjacent to the building housing such occupation or office.

(5) Such permitted uses shall not include the conduct of any retail or wholesale business on the premises, or the removal of sand, gravel or stone for commercial purposes.

(6) Such use shall not include the use of any machinery, tools or appliances which can reasonably be construed as creating a nuisance to surrounding property owners.

(7) Such use when conducted in an attached garage or accessory building requires a conditional use to be granted in accordance with § 300-22B(17) of this code.

E. Utility cabinets shall have the meanings ascribed to them in § 300-4 of this code, except where the context clearly indicates a different meaning:

(1) Small utility cabinets. Small utility cabinets shall be considered a permitted use by right regardless of whether they are in fact accessory to other uses on the property or whether there are principal structures on the lots where they will be located; and will not require a zoning use permit; and will not have to meet the setback and offset requirements of the applicable district in which any such small utility cabinet is proposed to be located, subject to the following:

(a) A small utility cabinet shall not exceed 40 inches in height.

(b) A small utility cabinet shall either:

[1] Be placed within a Town road right-of-way in compliance with the Town right-of-way regulations, including any amendments that may be made thereto in the future; or

[2] Be placed within a public road right-of-way under the jurisdiction of the county or the state, in compliance with all applicable laws and subject to obtaining all necessary approvals as required by the governing bodies having jurisdiction; or

[3] Be placed within a private road right-of-way with the proper easements; or

[4] Be placed on private property with proper lease or easements.

(2) Large utility cabinets. Large utility cabinets shall require a zoning use permit as described in § 300-6 and shall comply with the following requirements:

(a) A large utility cabinet shall not be less than 41 inches in height nor exceed 72 inches in height.

(b) A large utility cabinet shall either:

[1] Be placed within a Town road right-of-way in compliance with Town right-of-way regulations, including any amendments that may be made thereto in the future; or

[2] Be placed within a public road right-of-way under the jurisdiction of the county or the state in compliance with all applicable laws and subject to obtaining all necessary approvals as required by the governing bodies having jurisdiction; or

[3] Be placed within a private road right-of-way with the proper easements; or

[4] Be placed on private property with proper lease or easements.

(c) Large utility cabinets will not have to meet the offset and setback requirements of the applicable district in which any such large utility cabinet is proposed to be located, but shall be subject to vision corner easement requirements, and must not interfere with safe sight distances from public streets accesses. Large utility cabinets shall require screening from existing, adjacent residential uses.

(3) Termination. When a zoning use permit has been issued for a large utility cabinet and it does not continue in conformity with the conditions of the original approval, or of the use itself causes the original zoning use permit to no longer be compatible with the surrounding areas or for similar cause, based upon consideration of the public welfare, the zoning use permit may be terminated or amended by action of the Town Board following a public hearing per § 300-46.

F. Additional requirements. For any use or structure in any district which becomes hazardous, harmful, noxious, offensive, or a nuisance to the surrounding neighborhood, the owner or occupant may be required to correct, improve or abate such conditions by such measures as may be mutually directed by the Town Plan Commission and Town Board consistent with reasonable technology and economic practicality and in conformance with reasonable standards as may be determined by the Town Plan Commission and the Town Board as may be contained in this code and all other applicable Town ordinances. Any building determined to be unfit for human habitation or which may endanger health, safety and welfare of the public as may be determined by the Town Board after recommendation by the Town Plan Commission shall be removed pursuant to the procedures outlined by the Wisconsin Statutes.

§ 300-9 Building regulations.

A. Setbacks.

(1) Base setback lines, from which all required setbacks shall be measured, are established for all streets and highways in the Town as follows:

(a) On all streets or highways for which the ultimate right-of-way width has been established by the Official Map of the Town of Vernon, the base setback line shall be located at a distance from the centerline equal to 1/2 of such established width as designated on the Official Map of the Town of Vernon.

(b) On an established cul-de-sac, the base setback line shall be measured from the center point of the cul-de-sac.

(c) Base setback lines shall be parallel to and measured at right angles to the centerline of the street or highway.

(d) There shall be a required setback equal to the offset requirements of the district in which the property is located from a private right-of-way providing ingress and egress to the subject land or other lands, unless such private right-of-way is considered a mill tax road, in which case the normal road setback requirements contained in this code shall apply.

(2) Vision setback lines for lots not requiring a division of land shall follow the standards below. If a lot requires a division of land, the vision setback lines shall follow the standards identified in the Town's Land Division and Development Control Ordinance.[1]

(a) Across each sector between the intersection of a street or highway with a railroad, a vision setback line shall be established by a straight line connecting points on the base setback line and the railroad right-of-way line, which points are located 120 feet from the intersection of these two lines.

(b) Across each sector between intersecting streets or highways, one or more of which has an established width of 100 feet or more, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which are located 60 feet from the intersection of these two lines.

(c) Across each sector between any other intersecting streets, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines which are located 30 feet from the intersection of these two lines.

(d) In the vision setback area no structure or plant material of any kind shall be permitted which exceeds a height of three feet above the elevation of the center of the intersection, except for necessary highway and traffic signs and public utility lines.

[1] Editor's Note: See Ch. 200, Land Division and Development Control.

(3) No principal building or its accessory buildings shall be erected, altered, horizontally added to, relocated or placed so that any roofed or enclosed portion thereof, excluding a roof overhang measuring 24 inches or less, is closer to the base setback line than the setback distance hereinafter specified by the regulations for the district in which such building is located with the following exceptions applicable only where the base setback requirements of the properties involved are identical:

(a) If there is a building which is nonconforming with respect to road setback, with a similar use as the proposed building, located on an adjacent parcel on one side of the proposed building and within 200 feet of the proposed building, the average road setback of that building of similar usage and the required minimum road setback shall apply.

(b) If there are two buildings which are nonconforming with respect to road setback, with similar uses as the proposed building, located on adjacent parcels on each side of said building and within 200 feet of the proposed building, the average of the road setbacks of those buildings of similar usage shall apply.

(c) On corner lots of record, as of the date of adoption of this code, the effect of the base setback regulations shall not reduce the buildable width of such corner lot to less than 30 feet.

(4) No other structures of any kind, except as necessary highway and traffic signs, open stairs extending six feet or less from the enclosed portion of the structure, open stairs in combination with stoops and/or porches which are unenclosed and provide no more than 20 square feet in area and extend no more than six feet from the enclosed portion of the structure, public utility lines, rural mailboxes, and those signs permitted in a residential or agricultural district, shall be hereafter erected, altered or placed within such base setback area. Monuments and entrance gates, subject to review by the Town Zoning Administrator and, if applicable, the Vernon Fire Department, are structures which require a zoning use permit and shall be located at least 10 feet from the base setback line and shall not restrict safe access and visibility of the intersecting drive and the road.

(5) In all cases where any of the highways for which base setback lines are established by § 300-9 are located on municipal boundaries, such establishment shall apply only within the unincorporated area.

(6) Retaining walls do not need to meet the setback requirements of the individual district, subject to the provisions under § 300-17C and E.

B. Offsets.

(1) No principal building or its accessory buildings shall be erected or altered so that any roofed or enclosed portion thereof, excluding a roof overhang measuring 24 inches or less, is closer to any lot line than the offset distance hereinafter specified by regulations for the district in which such building is located, with the following exceptions:

(a) In the case of any lot of record which has a minimum average width of less than the required minimum average width of the district in which it is located, the side lot offset may be reduced proportionately to the ratio between the actual minimum average width and the required minimum average width, provided that no offset shall in any case be less than 10 feet.

(2) No structure shall be erected or altered so that any portion, excluding a roof overhang measuring 24 inches or less, is closer than 75 feet to a wetland that is not regulated by the Waukesha County Shoreland and Floodland Protection Ordinance, with the following exceptions:

[Amended 2-7-2019 by Ord. No. 2019-01]

(a) A retaining wall may be located closer than 75 feet to a wetland, but shall not be located within the wetland.

(b) A single stairway or walkway may be permitted closer than 75 feet to a wetland subject to the following. If the walkway is proposed in an area designated as wetland, the walkway shall be constructed on pilings.

(c) Decks or patios immediately adjacent to the principal building may be permitted closer than 75 feet to a wetland, provided they are no closer to the wetland than any portion of the principal building or other immediately adjacent existing decks or patios. In no case, however, shall a deck or patio be located closer than 35 feet to a wetland.

(3) Minimum offsets for buildings housing livestock, fur-bearing animals, pigeons, swine, goats, potbelly pigs, and poultry shall be not less than 50 feet from an adjacent property line. This does not include dog houses.

(4) One detached accessory building or structure on any parcel less than 1 1/2 acre which is 200 square feet or less in area may be located five feet to the side or rear lot line unless otherwise excepted under any other provision. Land within the ECO Environmental Corridor or CO Conservancy Overlay Districts shall not count toward the parcel area for the purpose of this provision.

[Amended 2-7-2019 by Ord. No. 2019-01]

(5) Retaining walls do not need to meet the offset requirements of the districts, and are subject to the provisions under § 300-17C and E.

(6) Residential driveways do not need to meet the offset requirements of the district provided the driveway not be closer than five feet to the lot line or encroach upon any drainageway.

(7) In the case of multiple-family or commercial use structures, the offsets may be modified as follows: Two or more buildings on adjoining lots may be erected with common or directly adjoining walls, provided the requirements of the applicable State Administrative Code relative to such construction are complied with, and provided that at both ends of such rowtype buildings the applicable offset requirements shall be complied with.

(8) Offsets on decks and patios may be reduced to 50% of the distance between the principal structure and the lot line otherwise required for the principal structure, but shall in no case be located closer than five feet to a lot line.

[Added 2-7-2019 by Ord. No. 2019-01]

C. Overhangs. Where an overhang exceeds two feet as defined herein, the additional overhang is not allowed unless the building is relocated the additional distance from the base setback line or offset.

D. Maintenance and use of setback and offset areas. Any such required setback or offset area shall be landscaped and kept clean and free from the accumulation of debris or refuse and shall not be used for placement of compost bins, storage or display of equipment, products, vehicles or any other material.

E. Accessory building location. No detached accessory building shall be erected, structurally altered, or placed on a lot so that any roofed or enclosed portion thereof, excluding a roof overhang measuring 24 inches or less, is closer than 10 feet to the principal building on such lot, or as otherwise permitted by the building code, relative to buildings and building regulations.

§ 300-10 Height regulations.

A. Maximum height restricted. In any district, no building or structure shall be, after the effective date of the Code from which this § 300-10 is derived, erected or structurally altered to a height in excess of that specified by the regulations for that district except as otherwise set forth in this section.

B. Exemptions; no Town Plan Commission or Town Board approval required. The following shall be exempted from the height regulations of all districts, but are subject to all other applicable Town ordinances:

(1) Chimneys and flues.

(2) Electrical transmission and distribution facilities.

(3) Roof-mounted antennas not exceeding 10 feet in height from roofline.

C. Exemptions; Town Plan Commission and Town Board approval required. The following may be exempt from the height regulations of all districts, subject to the approval of the Town Board, upon recommendation by the Town Plan Commission of a site plan and plan of operation in accordance with § 300-6F, but are subject to all other regulations of the Town: cooling towers, elevator bulkheads, wind turbines, fire towers, monuments, penthouses, stacks, observation towers, tanks, water towers, ornamental towers, spires, masts, freestanding towers, roof-mounted antennas 10 feet or more in height from the highest point of the roofline, and aerial and necessary mechanical appurtenances.

D. Increase permitted. All other buildings or structures not exempted by § 300-10B or C may be increased by not more than 10 feet, subject to all required offsets and setbacks are increased by one foot for each foot which such building or structure exceeds the height limit of the district in which it is located; subject to compliance with all other applicable Town ordinances.

§ 300-11 Area regulations.

A. Floor area and building footprint.

[Amended 2-7-2019 by Ord. No. 2019-01]

(1) Any building intended in whole or part for residential purposes shall provide a minimum floor area as specified by the regulations for the district in which such building is located. Such minimums are stated in terms of the minimum total floor area required for a building and that portion of the total which must be provided on the first floor level. Such minimum total shall be increased by 200 square feet for any building not having a basement of at least 300 square feet in area.

(2) The maximum total building footprint of the buildings on a lot shall not exceed that permitted by the regulations for the district in which such buildings are located unless allowed per other sections of this code.

(3) Floor area shall be measured at each level from the outside edge of a wall to the outside edge of wall and for purposes of computing total minimum floor area shall not include garages, outbuildings, open porches, or basements. Breezeways, exposed basements, split levels and the secondary floors of multistoried residences may be included in computing the total minimum floor area according to the following schedule:

(a) Breezeways shall be considered in the total minimum floor area if the breezeway is:

[1] Enclosed from floor to rafters on all sides.

[2] Heated by a heating system.

[3] Minimum of eight feet in width.

[4] Maximum of 20 feet in length.

(b) That portion of the basement of an exposed basement residence or split level which has been designed as an integral part of the living area of the home may be included in computing total minimum floor area when at least one side is exposed and access has been provided to the outside at grade level by means of at least one door. Such computations shall maintain a minimum basement floor area of 300 square feet.

(c) That portion of the secondary floors of multistoried buildings which have a minimum average distance between the ceiling face and the top of the lower floor ceiling joist of seven feet may be included in computing the total minimum floor living area, provided there are permanent stairways leading from each floor to the next floor.

(4) In split-level units, the floor area shall be computed as follows:

(a) In a split-level building, the first floor area shall include all area which is not over another living area of the building.

(b) If less than 1/2 of the lower level is above ground, such level shall be considered a basement and cannot be included in total floor area of the building unless such basement meets the definition of an exposed basement.

(c) If more than 1/2 of the lower level is above ground, such areas can be included in determining floor area. If there is no basement below this level, 200 square feet of floor area shall be required in addition to the floor area requirement of the district. This required floor area shall be finished as an integral part of the dwelling unit upon which the building permit is issued.

B. Lot size.

(1) No lot shall be created, and no building shall be erected on a lot of less area or of minimum average width less than specified by the regulations of the district in which such building is located, unless approved as part of a planned unit development or is a preexisting legal lot of record.

(2) The lot shall be at least as wide as the specified minimum average width for a distance of at least 1/2 the lot depth.

C. Existing substandard lot.

(1) Conveyance restricted. Where a lot has less land area or width than required for the district in which it is located and was of record as of February 26,1959, such lot may be used for any purpose permitted in such district, provided that the permitted use complies with the setback and offset averaging provisions of § 300-9A(3)(b) and § 300-9B(1)(a). If such lot adjoins along a side lot line property held in the same ownership, no such lot shall be conveyed to another owner nor shall a building permit be issued for a building on such a lot except in conformity with the following:

(a) Petition for determination. The owner of such lot may at any time prior to the proposed conveyance of such lot or request for a building permit petition the Town Plan Commission and Town Board for determination as to the status of such lot.

(b) Referral to Town Plan Commission. Such petition shall be referred to the Town Plan Commission for a study to determine the practical possibility of a redivision of such ownership to provide lots which will be in conformity with the zoning regulations of the Town.

(c) Time limit. The Town Plan Commission shall make its recommendation to the Town Board within 60 days of the date the petition was received and the Town Board shall act within 30 days of receipt of the Plan Commission recommendation to give the petitioner a determination.

(d) Criteria. The Town Plan Commission in making its recommendation and the Town Board in making its determination shall give consideration, among others, to the following factors:

[1] Compatibility. The size, quality and character of the existing lots and building development in the immediate area with a focus on maintaining compatibility and protecting existing values.

[2] Sewage disposal. Where public sewer is not available, the lot size shall be sufficient to insure safe sewage disposal.

[3] Practicability. A redivision is feasible from an economic, planning and engineering practicability.

[4] Hardship. The degree of practical hardship which may be imposed upon the owner.

(e) Method of redivision. Such redivision may be accomplished as is most appropriate by:

[1] Replatting of all or part of recorded plat through a preliminary plat and final plat; or

[2] Combining of lots or parts of lots through a certified survey map.

(2) Determination of ownership. For the purposes of this section, lots and property shall be considered in the same ownership when owned by:

(a) The same individual or corporation.

(b) An individual and another in joint tenancy or as tenants in common, and either of the joint tenants owns other lots individually or as joint tenant or tenant in common together with another.

(c) An individual, and other lots are owned by his spouse, parents, grandparents, children, grandchildren or the spouse of any child or grandchild, or a brother, sister or spouse of a brother or sister of such person.

(d) When any such lots are owned by an individual and other lots are owned by a corporation in which the individual is an officer, director or controlling stockholder.

D. Open space.

(1) No building shall be erected, structurally altered or placed on a lot so as to reduce the useable open area of such lot to less than that specified by the regulations for that district, unless approved as part of a planned unit development.

(2) To be considered useable, such open area shall be readily accessible and of a size and shape which can be reasonably considered to provide for the amenities and necessities of light, air, play space, drying yard, garden, etc. Crop, pasture and wooded land may be included in computing such open area.

(3) No part of the open space provided for any building shall be included as part of the open space required for another building; except as provided for planned unit development.

§ 300-12 Off-street parking.

In all districts and in connection with every use, there shall be provided, at the time any use is converted, relocated, enlarged or moved from one location to another or a building is erected, converted, relocated, enlarged, structurally altered or moved from one location to another, off-street parking stalls for all vehicles in accordance with the following:

A. Parking requirements.

(1) All business, manufacturing, and public and institutional parking area plans shall obtain site plan and plan of operation approval of the Town Plan Commission and Town Board in accordance with § 300-6F.

(2) Adequate access. A driveway access to a public street, road or highway, shall be provided for each lot and every driveway access shall be at least 12 feet wide for one- and two-family dwellings and a minimum of 24 feet wide for all other land, buildings and structures.

(3) Location. Parking shall be located on the same lot as the principal use.

(4) Dimensional requirement. Parking spaces, driveways and aisles for access to parking spaces shall have the following minimum dimensions.

[Amended 2-7-2019 by Ord. No. 2019-01]

	Stall width		9 feet
	Stall depth		20 feet
	Parking aisle width
		Two-way traffic (90°)	24 feet
		One-way traffic (60°)	18 feet
	Driveway (no parking stalls)
		Two-way traffic	24 feet
		One-way traffic	12 feet

(5) Parking spaces for use by physically disabled persons. Parking spaces for use by physically disabled persons shall be in accordance with all state and federal requirements.

(6) Surfacing. All off-street parking areas and driveways shall be surfaced with a bituminous or concrete pavement. Such parking areas shall be kept free of dust, loose stones, and gravel. Such parking areas shall be so arranged and marked to provide for orderly and safe parking and storage of vehicles and must be completed within six months of occupancy of the building or site.

(7) Lighting. Lights provided in any parking area shall not be greater than 0.5 footcandles, measured at a property line.

(8) Changes in use. When parking needs of a building, structure or premises is increased due to additional employees, gross floor area, seating capacity or due to a change of occupancy, additional parking spaces shall be constructed in the amount necessary to conform to this § 300-12.

B. Required number of stalls.

(1) Unless waived or modified by the Town Plan Commission and Town Board, through a site plan and plan of operation in accordance with § 300-6F, parking spaces shall be provided on the same lot in sufficient number to accommodate the motor vehicles of all occupants, employees, suppliers, customers, and persons normally visiting the premises at any one time or as specified in the table below.

(2) The Town Plan Commission and Town Board shall determine the required number of parking spaces for all uses not identified in the User Guide for Parking Requirements based on the requirements of § 300-12A and minimum parking requirements for similar uses identified in the User Guide for Parking Requirements.

(3) Where two or more different principal or accessory uses are located on the same premises, the parking requirements for the different uses shall be computed separately and cumulatively.

(4) When computation of required parking spaces results in a fraction of a car space, the required number of the spaces shall be increased to next whole number of spaces.

(5) No area shall be credited as a parking space that is in any part credited or used as a loading space or travel way.

	User Guide for Parking Requirements
	Use	Minimum Parking
	Bowling alleys	4 spaces for each alley, plus any required for other uses such as restaurant or bar
	Churches, theaters, and auditoriums	1 space per 3 seats
	Community centers and other places of public assembly, colleges, secondary schools, elementary schools, vocational and night schools	1 space for each employee plus 1 space for each 5 students 16 years of age or older
	Day-care facilities	1 space per 10 children and 1 space per employee
	Financial institutions, business, government and professional office	1 space per 200 feet of gross floor area
	Funeral homes and crematoriums	25 spaces for each viewing room
	Fuel stations	1 space per 300 square feet of gross floor area plus any spaces required for other uses such as repair garages or restaurants
	Golf courses	4 spaces per golf hole plus any additional spaces required for other use which is part of the facility such as restaurants, bars, or banquet facilities
	Health clubs	1 space per 150 square feet of gross floor area
	Hospitals, sanitariums, institutions, and nursing homes	1 space for each 3 beds plus 1 space for each day shift employee
	Lodges, clubs, and banquet facilities	1 space for every 3 persons allowed within the maximum occupancy limit
	Manufacturing and warehousing	1 space per each employee or 1 space per 200 square feet of gross area
	Medical or dental clinics	6 spaces for each doctor or professional service provider
	Motels, hotels, rooming houses, boardinghouses, fraternities, sorority houses, dormitories, and rectories	1 space for each guest room, and 1 space for every 3 employees, plus any required spaces for other uses such as restaurant, bars or banquet facility
	Multifamily units and condominiums	2 spaces per unit, at least one of which shall be interior to the building or garage
	Repair shops and retail and service stores	1 space per 150 square feet of gross floor area
	Restaurants, bars and taverns	1 space per 50 square feet of gross floor area of entertainment
	Retirement homes, orphanages, convents and monasteries	1 space per 1,000 square feet of gross floor area
	Shopping centers	1 space per 175 square feet of gross floor area

C. Residential parking. Parking of vehicles accessory to a residential use shall be limited to those actually used by the residents or for temporary parking for guests. Vans, motor homes, recreational vehicles, or pick-up trucks used for private and recreational use, or one similar vehicle used in a business for transportation to and from a place of employment, may be parked on a residential property as long as such use does not become a nuisance to the neighborhood. No vehicle shall be parking closer than five feet to any side or rear property line.

D. Flexibility in application. The Town recognizes that, due to the particulars of any given development, the inflexible application of the parking standards set forth in this § 300-12 may result in a development either with inadequate parking space or parking space far in excess of its needs. For example, the parking standards set forth in this § 300-12 does not consider the reduction of required parking spaces due to shared use of parking facilities when the parking needs of the joint users occur at different hours of the day. Therefore, the Town Board, upon recommendation of the Town Plan Commission, may waive enforcement or modification of the dimensional requirements and minimum parking requirements subject to the Town Board and Town Plan Commission making a determination which shall include consideration, but not necessarily an affirmative finding of the following factors:

(1) Whether the request for the waiver or modification, if granted, would be consistent with the general intent of this section.

(2) Whether the request for the waiver or modification, if granted, would adversely affect property owners in the surrounding area.

(3) Whether the request for the waiver or modification, if granted, would benefit the petitioner's project in a way that is not inconsistent with the Town's interests.

(4) Whether the petitioner is in full compliance with applicable ordinances and agreements with the Town.

(5) Whether, instead of granting the request for the waiver or modification, the section itself should be changed to accommodate the kind of situation presented by the petitioner.

§ 300-13 Signs.

A. Purpose. The Town of Vernon regulates the type, number, location, size and lighting of signs to ensure a balance of the visual environment of the Town. While the Town recognizes that the purpose of signs is to identify businesses and/or promote products and services to generate business, the Town of Vernon also knows that traffic safety, economic welfare, and aesthetic harmony must be considered. All applications for sign permits are, therefore, reviewed for compliance with § 300-13, the applicable district, and any other applicable Town ordinances.

B. Use restricted. Signs are prohibited in all districts in the Town except:

(1) One or more signs are permitted to the extent specifically authorized by the applicable district regulations or § 300-13D.

C. Definitions. The types of signs, words, terms, and phrases when used in § 300-13 will have the meanings ascribed to them in § 300-4 of this code, except where the context clearly indicates a different meaning.

D. Permitted signs by zoning district.

(1) Residential Districts (R-1, R-2, R-3, and RRD-5). The total sign area allowed on a lot that is zoned R-1, R-2, R-3, or RRD-5 shall be 16 square feet.

[Amended 2-7-2019 by Ord. No. 2019-01]

(2) Agricultural Districts (A-B, AD-10, A-5, A-1a, A-2, and A-3). The total sign area allowed on a lot that is zoned A-B, AD-10, A-5, A-1a, A-2, and A-3 shall be 32 square feet.

(3) Business Districts (B-1, B-2, B-3, B-4 and BP). The total sign area allowed on a lot that is zoned B-1, B-2, B-3, B-4 and BP shall be 32 square feet. The total sign area allowed per building or building storefront/tenant that is zoned B-1, B-2, B-3, B-4 and BP shall be 16 square feet, per building facade that has public right-of-way exposure.

(4) Industrial District (I-1). The total sign area allowed on a lot that is zoned I-1 shall be 32 square feet. The total sign area allowed per building that is zoned I-1 shall be 32 square feet, per building facade that has public right-of-way exposure.

(5) Public and Institutional District (P-1). The total sign area allowed on a lot that is zoned P-1 shall be 32 square feet. The total sign area allowed per building that is zoned P-1 shall be 16 square feet, per building facade that has public right-of-way exposure.

E. Prohibited signs.

(1) Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals or devices.

(2) Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices.

(3) Signs shall not be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape, and no sign shall be attached to a standpipe or fire escape.

(4) Signs shall be placed so as not to obstruct or interfere with vision triangles and traffic visibility and shall not be lighted in a way which causes glare or impairs driver visibility upon public ways.

(5) Banners, pennants, streamers, balloons, inflatable signs, and other gas-filled figures are not permitted, except as a temporary sign, as may be permitted per this code.

(6) Billboard signs are prohibited in all districts.

(7) All signage promoting products and/or services integral to the use of a business or service, located off the premises of said business, is prohibited, unless otherwise specified by this code.

(8) No sign shall be permitted which is animated by means of flashing, scintillating, blinking, or traveling lights or any other device or means not providing constant illumination, unless otherwise specified by this code. Public service information signs and other electronic message center signs are included in this provision.

(9) The tacking, pasting, or otherwise affixing of signs of a miscellaneous character, visible from a roadway, located on the walls of buildings, barns, sheds, trees, poles, posts, fences, or other structures are prohibited unless otherwise permitted by this code.

(10) No portable signs shall be permitted, including but not limited to signs on trailer frames, except where permitted as temporary signs set forth in this code.

(11) Any sign on top of a roof is prohibited.

(12) No sign shall be placed on any communication, radio, or cell tower.

(13) No signs placed on parked vehicles, boats, trucks or utility trailers which are visible from the public right-of-way for which the apparent purpose is to advertise a product or to direct the public to a business or activity are prohibited. This subsection is not intended to apply to standard advertising or identification practices where signs or advertising are painted on or permanently attached to business or commercial vehicles which are used in the daily operation of the business and parking in designated parking spaces designed for their particular vehicle type.

(14) Signs which emit audible sound, odor, or visible matter are prohibited.

F. Nonconforming signs.

(1) Signs which were lawful prior to the time this code was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this code, shall be deemed legal nonconforming signs. Such signs shall be permitted to continue until such time as a major change is made to the sign. Major changes include changing the size, shape, purpose, and/or relocation.

[Amended 2-7-2019 by Ord. No. 2019-01]

(2) All nonconforming signs shall be kept in good repair and in safe, neat, clean, and attractive condition. In the event signs are not kept in good condition or are demolished by any force whatsoever to the extent of 50% or more of its replacement cost at the time of the damage, any replacement sign shall then conform to this code, except in circumstances where rebuilding is allowed by state statute. Nothing herein shall prevent maintenance, repainting, or normal repair of legally established nonconforming signs.

(3) A nonconforming sign must be removed if the structure, building, or use to which it is accessory is destroyed, or demolished to an extent exceeding 50% of the appraised value of the principal structure, building, or use, except in circumstances where rebuilding is otherwise allowed per state statute.

(4) Supporting structures for nonconforming signs may continue in use for a conforming sign if said supporting structures comply in all respects to the applicable district requirements.

G. Decorative art or wall art. All decorative art or wall art, conducted in a professional manner, shall require review and approval by the Town Plan Commission and Town Board through a site plan and plan of operation in accordance with § 300-6F.

H. Electronic message center sign. Electronic message center (EMC) signs may be allowed in any business district, industrial district, or public and institutional district upon review and approval by the Town Plan Commission and Town Board through a site plan and plan of operation in accordance with § 300-6F and subject to the following criteria:

[Amended 2-7-2019 by Ord. No. 2019-01]

(1) The EMC sign advertisements shall not be animated, flashing, scrolling, or revolving, etc.

(2) The EMC sign shall be limited to a maximum of four lines of text per message with text characters measuring five inches or greater in height.

(3) The EMC sign shall only advertise three messages/advertisements per day. Each message/advertisement shall be displayed for a minimum of 10 seconds. The display of time and temperature is excluded from the total number of messages/advertisements allowed per day.

(4) Messages/advertisements on the EMC sign shall be limited to only the marketing, identification, and operation of the subject use.

I. Temporary signs. All temporary signs, in any district, shall conform to the standards of § 300-13, and shall not be displayed for a period to exceed 21 days, and approval shall be obtained by the Town Plan Commission and Town Board prior to display.

J. Setbacks and offsets. In any District, no sign shall be permitted closer than 10 feet to the base setback line or offset line.

K. Hazards or nuisances prohibited.

(1) Signs shall not resemble, imitate, or approximate traffic or railroad signs, signals, or devices; shall not cause glare, mislead or confuse traffic, or impair driver visibility on public ways, private roadways, or adjoining properties; and shall not be flashing, revolving, blinking, strobe, or animated, except as permitted for an electronic message center sign.

(2) Signs shall not be constructed, operated, or maintained so as to constitute a nuisance to adjoining properties, or materially affect or detract from the value of the adjoining properties.

L. Heights. No freestanding sign shall exceed 20 feet in height from the ground.

M. Illumination. The level of illumination as measured at one foot perpendicular to any face of an illuminated sign shall not exceed 100 foot candles during the day and 45 foot candles during the night.

N. Conflict of laws. In the event that § 12.04, Wis. Stats., would permit a sign that is larger than the size limitations described in this subsection, such sign, regardless of sign content, is allowed only for the period described in § 12.04, Wis. Stats.

O. Signage special exceptions. The Town Board may grant special exceptions to the sign regulations of this § 300-13, as follows:

(1) Approval required. Where a property or the uses on the property are of such a special nature, or such a unique situation, or its effect is so dependent upon actual contemporary circumstances as to make impractical the absolute predetermination of permissibility or listing of specific signage standards which would be automatically applied in each case, an application for a special exception regarding matters identified in Subsection O(2) below may be made to the Town Board. In such case, the Town Board, after having first received a recommendation from the Town Plan Commission, may grant a special exception to one or more of the requirements identified in Subsection O(2) below, if the Town Board determines that there is or will be compliance with the standards or conditions set forth in this section. In order to approve a special exception, the Town Board does not necessarily require the demonstration of an unnecessary hardship or practical difficulty.

[Amended 2-7-2019 by Ord. No. 2019-01]

(2) Limited jurisdiction. The Town Board shall have no authority to grant a special exception to any of the requirements of this Zoning Chapter except as described herein. The Town Board's authority to grant special exceptions is limited to the following issues:

(a) In all districts, the Town Board may increase the total square footage of signs permitted on the lot by not more than 25%.

(b) In all districts, the Town Board may reduce the otherwise applicable base setback line or offset line requirement for signs by not more than 50%.

(c) In all districts, the Town Board may make such other modifications of the requirements of this § 300-13 as it determines to be necessary and appropriate to the circumstances.

(3) Procedures. The following procedure shall apply for special exceptions to the requirements of this § 300-13:

(a) Petition. The applicant shall file a petition with the Town Clerk.

(b) Data required. In addition to all information required on the petition form, if any, the petitioner shall supply the following:

[1] A plot map drawn to scale of not less than 100 feet to the inch showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land, and the principal use of all properties within 300 feet of such land.

[2] The names and addresses of the owners of all properties within 300 feet of any part of the land included in the proposed change.

[3] A detailed description of the intended use, and the reason for the request.

[4] Any further information as required by the Town staff, Town Plan Commission, or Town Board to facilitate the making of an evaluation of such request.

(c) Plan Commission recommendation. The matter shall be submitted to the Town Plan Commission for report and recommendation to the Town Board.

(d) (Reserved)[1]

[1] Editor’s Note: Former Subsection O(3)(d), Hearing, was repealed 2-7-2019 by Ord. No. 2019-01.

(e) Fee. Any petition shall be accompanied by a fee as set from time to time by the Town Board to defray the cost of publication, notification, and holding a public hearing, administrative expenses, and expenses of Town Board members. The petitioner shall also pay to the Town all costs incurred for legal, planning, engineering, and administrative work necessary to administer the application and oversee the matter.

(4) Basis of approval. An application for a special exception may be approved, denied, or approved with conditions. If approved, the Town Board must determine that the approval, except as elsewhere herein expressly provided, shall not:

(a) Be inconsistent with or contradictory to the purpose, spirit, or intent of this chapter.

(b) Violate the spirit or intent of this § 300-13.

(c) Be contrary to the public health, safety, or welfare, but rather shall promote the public health, safety, and welfare.

(d) Be hazardous, harmful, noxious, offensive, or a nuisance by reason of noise, dust, smoke, traffic congestion, odor, or other similar factors.

(e) For any other reason, cause substantial adverse effect on the property values and general desirability of the neighborhood.

(f) Be a use which is incompatible to the surrounding land uses.

(5) Determination. The action of the Town Board shall be stated in writing, and shall include findings of fact setting forth the basis upon which the special exception is granted, utilizing and referring to the criteria set forth above. A copy of the Town Board's action shall be made a permanent part of the Town records. If a special exception is not approved, the reasons therefor will be included in such record. In considering this possible grant, the Town Plan Commission and Town Board shall be guided by the purpose of this § 300-13 along with the basis for approval described above, without consideration of the content of any such signage.

§ 300-14 Accessory structures.

A. Accessory buildings. All accessory buildings, including prefabricated accessory buildings, shall comply with the provisions of § 125-10 of the Code of the Town of Vernon. Any further amendments, revisions, modifications, or additions to § 125-10 of the Code of the Town of Vernon incorporated herein are intended to be made part of this code.

B. Swimming pools. Above- and below-ground swimming pools, as defined herein, are permitted in any district except the CO, ECO and HGO Districts as accessory to a residential use, upon the issuance of a zoning use permit, subject to the following:

(1) The application for a zoning use permit shall include a plat of survey drawn to scale showing the location of the swimming pool, the location of any fence, deck, patio and any accessory heating, pumping and filtering units that may be placed outside the swimming pool. The survey shall also show the lot lines of the lot, the location of the residence on the lot, the location of the well and septic system, the location of any other structure(s) on the lot, the location of any electrical transmission lines on the lot and the location of residences and structures on neighboring lots.

(2) No water drained from swimming pools shall be discharged onto adjacent properties without written consent of the adjacent property owner, onto the paved surface of any Town road, or into a municipal sewerage system, or directly into a navigable body of water.

(3) Heating units, pumps, and filter equipment shall be adequately installed in such a manner as not to create a nuisance.

(4) No swimming pool shall be located closer than 10 feet to a principal building or an elevated deck attached to the principal building, unless approved by the Town Building Inspector or Zoning Administrator, and shall be in compliance with the setback and offset requirements for a building in the applicable district in which it is located and no closer than 10 feet to a lot line, whichever requirement is greater, and shall not be located on the street side of a residence.

[Amended 2-7-2019 by Ord. No. 2019-01]

(5) No deck surrounding a swimming pool shall be located closer than the required offset to a lot line.

(6) The swimming pool must be intended to be used solely by the occupants of the principal use of the property on which the swimming pool is intended to be located and their guests. Operation of a business, including but not limited to swimming lessons, may be permitted as a home occupation or limited family business per the regulations of this code.

(7) All applicable Town of Vernon, County of Waukesha and State of Wisconsin codes, ordinances, regulations and rules shall be complied with, including, but not limited to, any setback and offset requirements and sanitary and environmental regulations.

C. Fuel tanks. All principal and accessory structures involving the utilization or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and comply with all applicable federal, state, and local laws and regulations. The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed 500 gallons unless approved by the Town Board upon recommendation by the Town Plan Commission and Vernon Fire Department Chief (or designee).

D. Alternative energy systems.

(1) Use permitted. Alternative energy systems are permitted in any district other than CO, when used solely by the owner or occupant of the principal use.

(2) Types of special uses.

(a) Solar energy conversion system. Solar energy conversion system commonly referred to as "active" or "passive" solar collection and heating systems and including systems defined by § 13.48, Wis. Stats.

(b) Wind energy conversion systems. Wind energy conversion systems commonly referred to as "windmills" which are used to produce electrical power and as regulated by Ch. PSC 128, Wis. Adm. Code, and amendments thereto.

(3) Local procedure. All alternative energy systems shall follow the local procedure regulated by § 66.0401, Wis. Stats.

E. Portable-on-demand storage units.

(1) A portable-on-demand storage unit may be utilized within the Town when in compliance with the standards of § 300-14E(2) through (5). Any use of such units within the Town not in compliance with § 300-14E(2) through (5) shall be unlawful.

(2) Length of time units may be on property.

(a) A portable on-demand storage unit may be located on property within the Town for a period not exceeding two weeks in duration from time of delivery to time of removal. No more than two portable on-demand storage units may be located on a specific piece of property within the Town at one time; such units shall be individually limited to the duration time period established herein. Such units may not be located on a specific property more than one time in any given thirty-calendar-day period. Such unit may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length. It shall be the obligation of the owner or user of such unit to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the portable-on-demand storage unit. In the event of high winds or other weather conditions in which such unit may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such unit.

(b) In the event of fire, tornado, flood or natural disaster causing substantial damage to a principal structure, the property owner may request from the Town Building Inspector permission to extend the time that a portable-on-demand storage unit may be located on the property. Application for such extended duration shall be made in writing and filed with the Town Building Inspector and shall give sufficient information to determine whether such extended duration should be granted. The Town Building Inspector shall determine whether or not to grant such extended duration and the length of such extension.

(c) Any portable on-demand storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a law enforcement officer for removal of such unit for safety reasons, may be removed by the Town immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the portable-on-demand storage unit was located and may be filed as a lien against such property by the Town Clerk. Such lien shall be superior in dignity to all other liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in dignity to the lien of ad valorem taxes.

(3) Placement of portable on-demand storage units shall only be on the property owner's driveway or a parking area, or if access exists at the side or rear of the site, the side or rear yard. Such storage unit shall be located no closer than 10 feet to the property line unless placed on an existing impervious driveway. The required parking space(s) shall at all times be maintained if portable-on-demand storage units are placed in parking areas.

(4) The owner, as well as the supplier, shall be responsible for ensuring that the portable-on-demand storage unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.

(5) No portable-on-demand storage unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than at the residential or commercial property where the portable-on-demand storage unit is located (i.e., used for retail sales) or any other illegal or hazardous material. Upon reasonable notice to the owner of the property, the Town may inspect the contents of any portable-on-demand storage units at any reasonable time to ensure that it is not being used to store said materials.

F. Outdoor food and beverage restaurant or tavern service areas.

(1) Maximum size of service area. The size of the outdoor service area shall not be more than 30% of the floor area of the restaurant or tavern as permitted in the Business Districts of this code and as authorized by a site plan and plan of operation in accordance with § 300-6F.

(2) Location of service area. The outdoor service area shall be located on the same parcel of land as the restaurant or tavern. The outdoor service area shall not be located in a public right-of-way, a required landscape area, a buffer yard, or within the road setback, offset or shore setback areas.

(3) Special restrictions when adjacent to a residentially zoned parcel. If the outdoor service area is within 100 feet of a property in a residential zoning district, the following restrictions shall apply:

(a) Alcoholic beverages. Alcoholic beverages shall only be served with a meal.

(b) Hours of use. No person shall occupy the outdoor service area after 9:30 p.m.

(4) Consistency with state liquor license. No alcoholic beverages shall be served or consumed within the outdoor service area unless the liquor, beer, or wine license, whichever is applicable, as issued by the Town, explicitly includes the outdoor service area as part of the licensed premises.

(5) The entrance to service area if alcoholic beverages are served. If alcoholic beverages are served, the entrance or entrances to the outdoor service area shall be exclusively through the restaurant or tavern, and a barrier such as a fence or railing system shall be erected to prevent entry to the outdoor service area by any other means.

(6) Restroom requirements. The restroom facilities in the restaurant or tavern shall be in compliance with all federal, state, county, and local laws and regulations. Temporary toilet facilities for special events require approval by the Town Plan Commission and Town Board through a site plan and plan of operation in accordance with § 300-6F. A sanitary permit may be required by Waukesha County. Environmental Health.

[Amended 2-7-2019 by Ord. No. 2019-01]

§ 300-15 Junk or undesirable buildings or structures.

A. Junk. As defined by this code, junk shall at all times be stored in an enclosed building thereby securing it from the view of the public and adjacent property owners.

(1) Section 300-15 is not intended to regulate or place limitations on any properly zoned junk yard, salvage dealer, or other junk, waste disposal or storage activity for which a valid license from the State of Wisconsin or other necessary municipal issuing authority is required and proper permits have been issued and all such licenses and permits are in full force and effect and the operation is in full compliance therewith.

(2) Section 300-15 is not intended to regulate or place limitations on the storage of idle but operable farm equipment on farms greater than 35 contiguous acres or the storage of inoperative or abandoned farm equipment on farms greater than 35 contiguous acres if such inoperative or abandoned farm equipment is screened from view of the public and adjacent property owners by a natural or man-made visual barrier.

(3) Section 300-15 is not intended to regulate or place limitations on the storage of idle but operative snow removal vehicles or equipment or lawn mowing equipment.

(4) Section 300-15 is not intended to regulate or place limitations on the orderly storage of firewood for fuel or personal use.

(5) Section 300-15 is not intended to regulate the temporary storage of construction materials which are for use on the site for the project authorized by an active zoning permit and which are stacked, stored and secured on the site in an orderly method.

B. Junked vehicles. A motor vehicle, as defined herein, which is no longer licensed, which has been abandoned, disassembled, is incapable of self-propulsion on a public right-of-way, disabled, junked, or wrecked shall not be stored anywhere on any premises, except in an authorized salvage yard, or completely enclosed in a structure.

C. No undesirable structures. No building or structure shall be erected, structurally altered, or relocated in a manner which shall be of such character as to adversely affect the nearby properties or general desirability of the neighborhood.

(1) If a question arises about a building or structure, the issue shall be submitted by the Town Building Inspector to the Town Plan Commission for its review.

(2) A determination by the Town Board, upon recommendation of the Town Plan Commission, shall be made and stated in writing, including the reason for denying a permit or conditions of approval for a permit, and may be based upon considerations that the design or appearance is of such an unorthodox or abnormal character as to have an adverse effect on the nearby properties or general desirability of the neighborhood.

§ 300-16 Legal nonconforming uses, structures, and lots.

A. Continuance of use.

(1) Any lawfully established construction of a building or structure at the time of the enactment of this code or any amendment applicable thereto that does not conform to the dimensional regulations for the district in which it is located shall be deemed a legal nonconforming structure and may be continued, except as otherwise provided herein.

(2) Any lawfully established use of a building, structure or land at the time of the enactment of this code or any amendment applicable thereto that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

(3) Any lawfully established lot or parcel of land at the time of enactment of this code or any amendment thereto which does not meet the requirements for the district in which it is located shall be deemed to be a legal nonconforming lot and may be used in accordance with this code and as provided herein.

B. Regulation. For the purposes of administration, legal nonconforming structures, uses and lots shall be classified and regulated as follows:

(1) Existing nonconforming structures. A lawful structure which existed at the time of the adoption or amendment of this code may be continued as a legal nonconforming structure, although the structure size or location does not conform to all the requirements of this code; however:

(a) A legal nonconforming structure containing conforming uses may be repaired, maintained, renovated, remodeled, or totally rebuilt if, and only if, such work is identical in respect to the size, height, location, footprint, and use of the original structure.

(b) A legal nonconforming structure containing conforming uses, subject to approval of a special exception by the Town Board, upon receipt of a recommendation from the Town Plan Commission, may be reduced in size, may have its shape modified, may have its height lowered, and may have its style modified, as long as the proposed structure is identical in all respects to the location, footprint and use of the original structure.

(c) A legal nonconforming structure containing conforming uses, subject to approval of a special exception by the Town Board, upon receipt of a recommendation from the Town Plan Commission, may be increased in size, may be increased in shape, may be increased in height, and the location and footprint may be modified, provided setbacks and offsets are complied with.

(d) Regardless of the foregoing provisions in this § 300-16, the footprint of a legal nonconforming primary residence with conforming uses, subject to approval of a special exception by the Town Board, upon receipt of a recommendation from the Town Plan Commission, may be expanded into areas of the lot where the expansion fully complies with all offset and setback requirements of the district in which it is located, provided that the expansion is otherwise in compliance with all other applicable laws, including but not limited, to Ch. NR 115, Wis. Adm. Code, and the Waukesha County Shoreland and Floodland Protection Ordinance. In passing upon such matter, the Town Plan Commission and Town Board shall consider all the following factors: the size of the lot; the size and location of the existing legal nonconforming structure; the size and location of any other structure on the lot; the size and location of the proposed expansion; the impact, if any, that the expansion may have upon neighboring properties; whether the proposed expansion would violate the intent of this code and such other matters as the Town Plan Commission and Town Board finds to be relevant in the interest of the public health, safety, welfare, and be compatible with other properties in the area of the Town.

(2) Nonconforming use of structures and lands. A lawful use which existed at the time of the adoption or amendment of this code may be continued as a legal nonconforming use, although the use of the structure and land does not conform with the provisions of this code; however:

(a) No such use may be expanded or enlarged.

(b) Upon petition to and approval of the Town Board, upon receipt of a recommendation from the Town Plan Commission, such use may be changed to another use provided the Town Board determines that the new use would not result in a greater degree of non-conformity than the current use.

(c) When any such use is discontinued for 12 consecutive months, any future use of the land or structure shall conform to the use regulations of the applicable district.

(d) When a structure which houses such nonconforming use is damaged beyond 50% of its present equalized assessed value, it shall be restored for any use in conformity with the applicable district regulations.

(e) Total structural repairs or alterations to a structure housing a nonconforming use shall not exceed, on an accumulative percentage basis, 50% of the present equalized assessed value of the structure.

(3) Nonconforming lots.

(a) General. The size and shape of such lots shall not be altered in any way which would increase the degree of such non-conformity to the applicable district regulations.

(b) Building on legal nonconforming lots accessed by a private street or way. Subject to the approval of a special exception by the Town Board, upon receipt of a recommendation from the Town Plan Commission, the construction of one principal residence on a legal nonconforming lot may be permitted on a tract of land that does not front or abut a public street or cul-de-sac subject to the following conditions:

[1] The tract of land is a minimum of three acres;

[2] The tract of land has a minimum lot width of 200 feet;

[3] The tract of land has access by a permanent easement of at least 33 feet in width to a public street.

[4] The proposed driveway shall be constructed to Town standards, as identified by the Town Engineer and Vernon Fire Department Chief, or their designees.

[5] In addition to the above, if more than one legal nonconforming lot is accessed by a permanent easement, the easement must be a minimum of 66 feet in width to a public street.

C. Conditional use status. Subject to the regulations of § 300-22A(1) through (7), conditional use status shall be granted to existing legal nonconforming uses, structures or lots upon petition of the owner and where such use, structure or lot is determined by the Town Board, upon receipt of a recommendation from the Town Plan Commission, to be not adverse to the public health, safety, or welfare; not in conflict with the spirit or intent of the Code; and not otherwise detrimental to the community and particularly the surrounding neighborhood. Such conditional use status shall be granted only with the recommendation of the Town Plan Commission and approval of the Town Board following a joint public hearing in the manner provided in § 300-22.

D. State law. Any applicable restriction in this code which prohibits restoration of a damaged or destroyed nonconforming structure shall not apply to the extent that § 62.23(7)(hc), Wis. Stats., applies to such restoration, including such amendments and renumbering of such statute as may be made from time to time.