Village of Waterford, WI Article IV General Provisions

§ 245-10 Buildings and uses; nonconforming uses and structures.

A. No provisions of this chapter shall be construed to bar an action to enjoin or abate the use or occupancy of any land, buildings or other structures as a nuisance under the appropriate laws of the state.

B. No provisions of this chapter shall be construed to prohibit the customary and necessary construction or maintenance of over-ground or underground public utilities neighborhood service lines and mechanical appurtenances thereto, where reasonable and necessary for the preservation of the public health, safety, convenience and welfare; however:

[Amended 4-23-2007 by Ord. No. 511]

(1) The placement of said utilities in Village rights-of-way shall be subject to § 191-3 of this Code; and

(2) The placement of said utilities in the front or side yard of any lot in the Village shall be subject to the following:

(a) Unless in conflict with state or federal law, except when existing aboveground facilities are used, the installation of new facilities and replacement of old facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes.

(b) All aboveground structures, cabinets or boxes shall be precisely indicated on plans submitted to the Zoning Administrator, or, if applicable, the Plan Commission, including the size and appearance thereof. The Zoning Administrator or Plan Commission may require alternative placement of said structures, cabinets or boxes as part of the permitting process if the Administrator or Plan Commission determines that the planned placement interferes with public safety, health or welfare. The Administrator or Plan Commission may also reasonably require screening of said structures, cabinets or boxes if the Administrator determines that the public welfare is harmed by the potential diminution of property values in the area because of the appearance of said structures, cabinets or boxes.

C. The use of buildings hereinafter erected, converted, 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 land or building is located.

D. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot except as provided in Subsection F below.

E. Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part hereof for which a building permit has been issued before December 13, 1982, or the effective date of the applicable amending ordinance, the construction of which shall have been started within six months from the date of such permit.

F. Nonconforming uses and structures.

[Amended 1-23-2006 by Ord. No. 489; 12-11-2006 by Ord. No. 506; 11-11-2013 by Ord. No. 610]

(1) The existing lawful use of a building, premises, structure, fixture, land or water on December 13, 1982, or at the time of the enactment of any applicable amendment to this chapter, may be continued, although such use does not conform with the provisions of this chapter for the district in which it is located. Nonconforming signs shall be regulated pursuant to Article VI of this chapter (see § 245-53).

(2) Nonconforming uses. A nonconforming use is the use of a building, premises, structure or fixture that was lawful at the time of enactment of a use regulation under this chapter and is not in conformity with the provisions of this chapter.

(a) Only that portion of the land or water in actual use at the time of the enactment may be so continued, and a nonconforming use may not be enlarged or extended.

(b) A nonconforming use shall not be changed to any other nonconforming use unless and until a permit therefor shall first have been secured from the Board of Appeals after notice and hearing as set forth in § 245-54. The Board of Appeals may not allow a change of a nonconforming use in a floodplain district unless the change is in conformance with Chapter 256 of this Code.

[1] For the purposes of this chapter, the uses permitted in the Single-Family Residence District comprise the most-restricted classification, and the uses permitted in the other districts comprise progressively less-restricted classifications in the following order: Two-Family Residence District, Multiple-Family Residence District, Business and Commercial District, Business and Industrial District.

[Amended 8-13-2018 by Ord. No. 658]

[2] The Board of Appeals may not allow a nonconforming use to be changed to a less-restricted use.

[3] The Board of Appeals may authorize the change of a nonconforming use to another of the same classification, provided that the Board of Appeals shall find that the proposed change of use will be no more harmful to the character of the neighborhood than the existing nonconforming use.

[4] The Board of Appeals may allow a nonconforming use of a building, structure, fixture or premises to be changed to another nonconforming use of a more-restricted classification.

[5] Whenever a nonconforming use has been changed to a more-restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less-restricted use.

[6] The limitations on total structural repairs or alterations set forth in Subsection F(2)(d) herein shall apply regardless of the Board of Appeals' grant of a change of use hereunder for so long as the use is nonconforming.

(c) If the nonconforming use is discontinued for a period of 12 months, any future use of the building, premises, structure or fixture shall conform to the regulations for the district in which it is located.

(d) When a building, premises, fixture or structure containing a nonconforming use is damaged to the extent of more than 50% of its current assessed value, as determined by the Village Assessor, it shall not be restored except in conformity with the regulations of the district in which it is located. The total structural repairs or alterations in any building, premises, structure or fixture containing a nonconforming use shall not, during its life, exceed 50% of the assessed value of the building, premises, structure or fixture unless permanently changed to a conforming use.

(3) Nonconforming structures. In this section, "development regulations" means the part of this chapter that applies to elements including but not limited to setback, height, lot coverage, side yard, frontage, lot width, area, yard, parking, or loading requirements. "Nonconforming structure" means a dwelling or other building that existed lawfully before the current Zoning Code was adopted or amended, but that does not conform with one or more of the development regulations, including setback, height, lot coverage, and side yard, in the current Zoning Code.

[Amended 8-13-2018 by Ord. No. 658]

(a) Subject to the provisions of Subsection F(3)(c) of this section, structural additions and enlargements to existing legal nonconforming structures are permitted to the extent that such structural additions and enlargements do not create or increase nonconformity with applicable setback lines or applicable yard, area, height, parking, loading or access provisions of this chapter. No point on the proposed addition or enlargement shall have a distance to a lot line that is shorter in length than the distance required by current street setback and yard regulations.

(b) Pursuant to Wis. Stats. § 62.23(7)(hb), a nonconforming structure may be repaired, maintained, renovated or remodeled without regard to the cost of the work.

(c) Subject to Subsection F(3)(d) and Wis. Stats. § 62.23(7)(hc), a nonconforming structure that is damaged beyond repair or destroyed may not be restored or rebuilt except as follows: such a structure may be restored to the size, location and use that it had immediately before the damage or destruction occurred, without limitation as to the costs of repair, reconstruction, or improvement, if all of the following apply:

[1] The nonconforming structure was damaged or destroyed on or after March 2, 2006; and

[2] The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold or infestation.

(d) A damaged or destroyed nonconforming structure that meets the requirements under Subsection F(3)(c)[2] may be restored to a larger size than it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

(4) Nonconforming uses and structures located in the floodplain districts. Repairs and alterations to a building, premises, structure, fixture, land or water located in a floodplain district shall conform to the requirements of Chapter 256, specifically § 256-6.[1]

[1] Editor's Note: Former Subsection G, regarding development plans for housing projects, which immediately followed this subsections, was repealed 6-23-2008 by Ord. No. 529. Additionally, former Subsections H, Accessory buildings, uses and other structures, as amended; I, Board of Appeals provisions, as amended; and J, Temporary use permits, as amended, were repealed 7-23-2018 by Ord. No. 658.

§ 245-11 Area and lot regulations.

[Amended 9-22-2003 by Ord. No. 438; 8-13-2018 by Ord. No. 658]

A. No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.

B. Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such on the effective date of an amendment to said requirement, such lot may be occupied by one family, provided all state laws and Village ordinances are complied with.

C. Lot regulations.

(1) In this chapter, "substandard lot" means a legally created lot or parcel that met any applicable lot size requirements when it was created, but does not meet current lot size requirements.

(2) No ordinance or person may prohibit a property owner from:

(a) Conveying an ownership interest in a substandard lot.

(b) Using a substandard lot as a building site if all of the following apply:

[1] The substandard lot has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

[2] The substandard lot is developed to comply with all other ordinances of the Village.

(3) No ordinance or person may require one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.

§ 245-12 Height regulations.

A. Except as otherwise provided in this chapter, the height of any building hereafter erected, converted, enlarged or structurally altered shall be in compliance with the regulations established herein for the district in which such building is located.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, establishing height regulations for churches, schools, hospitals and other quasi-public buildings, was repealed 4-23-2007 by Ord. No. 513.

C. Chimney, towers, poles and antennas.

[Amended 3-13-2017 by Ord. No. 650]

(1) Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, tanks, water towers, ornamental towers, spires, wireless, television or broadcasting towers, masts or aerials, microwave radio relay structures, cell towers, and necessary mechanical appurtenances are hereby excepted from the height regulations of the chapter and may be erected in accordance with other regulations or ordinances of the Village. In order to qualify for this exception, however, the setback from every property line shall be increased to equal the height of the structure unless an engineering study provided by the applicant proves that the fall zone of the structure is less than the height of the structure, and in that case the setback from all property lines shall be at least equal to the fall zone.

(2) Telephone, telegraph and power transmission poles and lines 60 feet or less in height and noncommercial aerial antennas 25 feet or less in height are excepted from the height regulations of this chapter and may be erected in accordance with the other regulations and ordinances of the Village.

D. Residences in the residence district may be increased in height by not more than 10 feet when all yards and other required open spaces are increased by one foot for each foot by which such building exceeds the height limit otherwise established for the district in which it is located.

E. Where a lot abuts on two or more streets or alleys having different mean established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher mean established grade.

[Amended 1-23-2006 by Ord. No. 489]

F. On through lots which extend from street to street, the height of the main building may be measured from the mean elevation of the finished grade along the end of the building facing either street.

G. A basement shall be counted as a story for purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or the basement is used for dwelling purposes.

§ 245-13 Front, side and rear yard regulations.

A. No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space required for another building.

B. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum width and depths for such yards and courts in the two districts which abut the district boundary line. See § 245-22B(2).

C. Where adjacent properties are occupied by principal buildings which have setbacks greater or less than the setback required by the district, the minimum setback of the subject principal building shall be the average setback established by the adjacent principal buildings, but in no case shall be less than 15 feet in residential districts. Attached garages shall be considered to be part of the principal building. Accessory buildings which are separate from the principal building shall not be located in the setback area, and existing freestanding accessory buildings located within the setback or side yard area shall not be used to establish average setbacks.

[Amended 9-26-2005 by Ord. No. 481; 1-23-2006 by Ord. No. 489]

D. In cases where the adjacent building sites are vacant, the setback shall equal the average of the setbacks of the next principal building in each direction on the same side of the street in the same block. If there is only one other principal building or there are no other principal buildings on the same side of the street in the same block, the district setback shall apply.

[Amended 9-26-2005 by Ord. No. 481]

E. Buildings on through lots and extending from street to street may waive the requirement for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements on both streets are complied with.

F. Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 36 inches. However, no such ornamental feature shall project over a street line more than eight inches.

G. Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet and into a required court not more than 3 1/2 feet, provided they be so located as not to obstruct light and ventilation.

H. Vision clearance at intersections.

[Added 8-9-1999 by Ord. No. 383; amended 1-28-2008 by Ord. No. 523; 11-11-2013 by Ord. No. 610]

(1) Corner lot. On a corner lot in any district, no obstructions, such as structures, parking or vegetation, shall be erected, placed, planted or allowed to grow to impede vision between a height of two feet and 10 feet above the curbline grade in the vision clearance triangle.

(2) Dimensions.

(a) Definitions. In this subsection:

[1] The "vision distance lines" are:

[a] At the intersection of two public or private streets, the lines extending a designated length from the intersection of the streets along the back of the curb of each street, and if no curb exists, along the edge of the shoulder of the street;

[b] At the intersection of a public or private street and an alley or driveway, the line extending a designated length from the intersection of the street and the driveway or alley along the back of the curb or the edge of the shoulder of the street, and the line extending a designated length from the intersection of the street and the driveway or alley along the edge of the pavement of the driveway or alley.

[2] The "vision clearance line" is the straight line connecting the nonintersecting ends of the vision distance lines.

[3] The "vision clearance triangle" is the triangular area created by the intersection of the two vision distance lines with the vision clearance line.

(b) The dimensions of a specific vision clearance triangle shall be determined by the Zoning Administrator, with input from the Department of Public Works. If the landowner disagrees with the decision of the Zoning Administrator, the landowner may request a determination by the Village Engineer, at the cost of the landowner as follows:

[1] At the intersection of any street with a state highway, the vision clearance triangle shall be determined by the method used by the State of Wisconsin Department of Transportation.

[2] At the intersection of public or private streets, the length of the vision distance lines shall be 40 feet from their intersection.

[3] At the intersection of a driveway or alley with a public or private street, the length of the vision distance lines shall be 30 feet from their intersection.

(c) Exceptions. The requirements of Subsection H(2)(a) do not apply to:

[1] Public utility poles;

[2] Trees trimmed (to the trunk) from the ground to a line at least eight feet above the level of the pavement;

[3] Official warning signs or signals;

[4] Signs mounted nine feet or more above the ground and supported by a single support with a maximum cross section of 12 inches;

[5] Earth-formed obstructions, including retaining walls, at intersections which were existing on the date of passage of this Subsection H; and

[6] Mailboxes.

(3) Existing buildings. Except as set forth in § 245-10F(3) and/or this Subsection H, no building located at the intersection of two or more streets, where a vision clearance less than provided above exists as of the date of the passage or amendment of this subsection, shall be structurally altered on the exterior within the vision clearance triangle unless a vision clearance triangle meeting the requirements of this section is provided at the corner of the building nearest such intersection.

(4) Heritage Overlay District. Nonresidentially zoned buildings in the Heritage Overlay District are encouraged to about the street line. Existing and new nonresidentially zoned buildings and structures in the Heritage Overlay District may be placed in the vision clearance triangle when they are placed in accordance with the design guidelines. Other obstructions, except as set forth in Subsection H(2)(c), may not be placed in the vision clearance triangle.

(5) Exceptions by Plan Commission. The Plan Commission may grant exceptions to the vision clearance requirements where the characteristics of the intersection are such that traffic safety hazards would not be created and the placement of signs or structures within the vision clearance triangle would contribute to the objectives of the zoning district. Such an exception shall be subject to review and approval by the Department of Public Works.

§ 245-13.1 Lot measurement and requirements.

[Added 1-28-2008 by Ord. No. 523]

A. Measurement of lot area. The lot area is the total area within the lot lines of a lot, excluding any right-of-way in all districts.

B. Percentages and fractions. When a measurement results in a fractional number or percentage, any fraction of 1/2 or less shall be rounded down to the next lower whole number and any fraction of more than 1/2 shall be rounded up to the next higher whole number. Any percentage of 0.5% or greater shall be rounded up to the next higher whole number and any percentage less than 0.5% shall be rounded down to the next lower whole number.

C. Corner lots. Structures on corner lots shall provide a front yard setback as required by this chapter on the street that the structure faces. A second front yard shall be provided on the side of the structure abutting a second public or private street. See Figure 1. The setbacks on each street shall be the same distance. The remaining yards shall be a side yard and a rear yard.

D. Double frontage lots (through lots). Lots abutting two opposite streets shall provide the front yard setback required by the district in which the lot is located from each street upon which the lot abuts. See Figure 1.

E. Triple frontage lots. Lots abutting three streets shall provide the front yard setback required by the district in which the lot is located from each street upon which the lot abuts. See Figure 1.

F. Irregular or triangular lots. In the case of irregular or triangular lots, where none of the lines bounding the rear of the lot are at a right angle to the front lot line, the rear lot line for the purpose of meeting the requirements of this chapter is a line at least 15 feet long, within the lot, parallel to the front lot line, at the maximum distance from the front lot line that the 15 foot measurement is possible. See Figure 1.

G. Determination of main front yard; provisions for uses not allowed in yards as defined.

(1) Main front yard. For any principal structure on a corner lot, double frontage lot, or triple frontage lot, the main front yard shall be the yard abutting the street for which the structure is addressed.

(2) Provisions for uses not allowed in yards as defined.

(a) The yard opposite the main front yard, even if it is defined as a front yard in this section, may be treated as a rear yard for purposes of determining the allowable use of the yard pursuant to this chapter, however, the setbacks required for a front yard shall apply.

(b) A yard to the side of the main structure, even if defined as a front yard, may be treated as a side yard for purposes of determining the allowable use of the yard pursuant to this chapter, however, the front yard setbacks shall apply.

(c) Setback averaging, as provided in § 245-13, is applicable.

(d) Any front yard to be treated as a rear or side yard for purposes of allowable use shall be clearly identified on an application for any permit under this Municipal Code, and, once identified, shall be treated as such for all subsequent permit applications.

(e) This subsection shall not apply to the provisions for fences in § 245-14 of this Municipal Code.

Figure 1. Illustration, Yards

Location of Yards on Typical Interior, Corner, and Double Frontage, Triple Frontage and Triangular Lots

§ 245-14 Fences.

[Added 2-9-2004 by Ord. No. 443]

A. The construction of a fence anywhere within the Village of Waterford shall require application for a fence permit from the Building Inspector, the fee for which shall be in an amount set by the Village Board.

B. Application for a fence permit, when not part of a landscaping plan, shall be made to the Building Inspector and include: the name and address of the applicant; the owner of the site and the contractor; an accurate drawing or plat of survey of the site, inclusive of structures located thereon; the address of the site; the proposed location of the fence superimposed on the drawing or plat of survey; the type, materials, size and design of the proposed fence; and any other information the Zoning Administrator may require.

C. Fence construction is subject to the following limitations:

(1) Placement and height.

[Amended 4-23-2007 by Ord. No. 513; 1-28-2008 by Ord. No. 523]

(a) Placement on lot. A fence is permitted on or near the property lines in all districts. No fence shall be closer than three feet to a street frontage property line, except a protective fence or a fence that is used to screen a parking lot from a residential district as set forth in § 245-15E.

[Amended 11-11-2013 by Ord. No. 610]

(b) Height.

[1] All districts. Except as otherwise provided in this section, the following height limitations apply in all districts:

[Amended 11-11-2013 by Ord. No. 610]

[a] Front yard. A fence that consists of at least 50% open space shall not exceed 50 inches in height. A fence that has less than 50% open space may not exceed 38 inches in height unless the fence is used to screen a parking lot from a residential district as set forth in § 245-15E, in which case it shall not exceed 50 inches in height.

[b] Side and rear yards. A fence may not exceed 74 inches in height.

[c] Lots with more than one front yard. The above provisions for front yards shall apply in each front yard; however, a fence that does not meet those requirements (i.e., is less than 50% open space and exceeds 38 inches, or is more than 50% open space and exceeds 50 inches), in any yard other than the main front yard [as defined in § 245-13.1G(1)], is allowed if the fence is at least 25 feet from the street right-of-way line and does not exceed 74 inches in height.

[2] Protective fences.

[a] A protective fence in residence, business and institutional districts shall not exceed the height requirements set forth in Subsection C(1)(b)[1].

[b] In industrial districts, a protective fence shall not exceed a height of 122 inches.

[Amended 1-10-2011 by Ord. No. 557]

[3] Measuring height.

[a] The installed height of a fence shall be measured from the ground to the top of a fence section, and the average height between two posts shall not exceed the limitations in this section.

[b] A post, post cap or ornamental feature of a fence may exceed the height limitations of this section, but shall not be disproportionate to the fence. If the height of a post, post cap or ornamental feature will exceed the maximum height by more than six inches, the Building Inspector may require the owner to apply to the Plan Commission for approval.

(c) Refuse containers. Refuse containers may be screened with a fence not meeting the requirements of this section upon approval by the Plan Commission.

(2) Limitations and prohibitions.

(a) No fence or portion of a fence shall be placed within the vision clearance triangle, as set forth in § 245-13H.

(b) No fences are permitted in the Floodway District. Fences within Planned Community Development Districts are allowed only as part of the approval or amendment of a Precise Implementation Plan. Fences in overlay districts are subject to the requirements of the underlying districts.

[Amended 12-11-2006 by Ord. No. 505]

(c) No fence may be constructed as a fence which conducts electricity or is designed to electrically shock or which uses barbed wire, except as provided below.

[Amended 1-28-2008 by Ord. No. 523]

(d) Underground "invisible" pet fences shall be allowed without a permit, but must be installed at least three feet from all property lines. Hedge fences shall be allowed without a permit, but shall meet all of the placement and height limitations of this section. Barbed wire may be used at the top of a fence in an industrial district if the barbed wire and the devices securing the barbed wire are at least 10 feet above the ground and project inward toward the fenced property and away from public or adjoining property.

(e) No fence shall be constructed of unsightly or dangerous materials. The finished or decorative side of a fence shall face adjoining property.

(3) Temporary fences. Fences erected for the protection of planting or to warn of construction hazard or similar purpose shall be allowed without a permit, but shall be clearly visible or marked with warning devices at four-foot intervals. Such fences shall meet the placement and height requirements of this section unless such placement and height defeats the purpose of the fence. Temporary fences, other than snow fences, shall not be in place for more than 45 days.

(4) Nonconforming fences. Any fence existing on the effective date of this section and not conforming to these requirements may be maintained, but any alteration, modification or improvement of more than 50% of said fence shall result in the entire fence being brought into compliance with this section.

(5) Determination of location. The property owner erecting the fence is solely responsible for ensuring that the fence is located on his or her own property.

(6) Fence repair. All fences shall be maintained and kept safe and in a state of good repair.

D. All fence materials shall be approved by the Building Inspector, who shall issue a fence permit upon application therefor for fences meeting the requirements of this subsection. If the Zoning Administrator denies a permit hereunder, the applicant may appeal the decision to the Plan Commission, which may uphold, modify or overturn the Building Inspector's decision.

§ 245-15 Motor vehicles and parking.

[Added 4-14-1997 by Ord. No. 349; amended 6-22-1998 by Ord. No. 363; 8-9-1999 by Ord. No. 383]

A. Parking.

[Amended 12-10-2012 by Ord. No. 596]

(1) 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 or pickup trucks used for private and recreational use, or a motor home (recreational vehicle), or a human service vehicle, or a van or pickup truck used in a business or trade or a commercial vehicle that meets the weight limits in Subsection A(2) that is used for transportation to and from a place of employment or workplace of the occupant may be parked on a residential property.

(2) One commercial vehicle may be parked per residential dwelling unit, provided that all of the following conditions are met:

(a) The vehicle is registered and licensed;

(b) The vehicle is used by a resident of the premises;

(c) Gross vehicle weight rating does not exceed 16,000 pounds; and

(d) Height does not exceed 12 feet as measured from ground level, excluding antennas, air vents, and roof-mounted air conditioning units, but including any load, bed, or box.

(3) No other vehicular equipment of a commercial or industrial nature, except as stated above, shall be parked or stored for more than two consecutive hours and four accumulated hours during any twenty-four-hour period on any lot in any zoning district except districts that allow business, industrial and institutional uses.

(4) Outdoor parking of semi-tractors/trailers on commercial property (in any district that allows business and/or industrial uses), that is not a principal use (e.g., trucking business), an accessory use (e.g., delivery vehicles), or which has not been approved through the conditional use or site plan review process is prohibited.

B. Parking requirements. In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended or increased sufficient off-street parking stalls for all vehicles in accordance with the following:

(1) Adequate access. Adequate access to a public street shall be provided for each parking space; driveways shall be at least 10 feet wide for one- and two-family dwellings and a minimum of 20 feet for all other uses.

(2) Size.

[Amended 2-14-2000 by Ord. No. 387; 3-27-2006 by Ord. No. 493; 4-24-2006 by Ord. No. 496; 11-11-2013 by Ord. No. 610]

(a) The size of each parking space to be provided shall be not less than 180 square feet, exclusive of the space required for ingress and egress, and each parking space shall be not less than 10 feet wide.

(b) Downtown Parking District. There is created a Downtown Parking District, the boundaries of which shall be the same as the boundaries of the Waterford Heritage Overlay District, as set forth in § 245-27 of this chapter. The size of each parking space to be provided in such district shall be not less than 144 square feet in area, exclusive of the space required for ingress and egress, and each parking space shall be not less than nine feet wide.

(c) The minimum size requirements of Subsection B(2)(a) and (b) shall not apply to one- and two-family residences located in any zoning district.

C. Parking lot location. The parking lot location shall be on the same lot as the principal use or, with Plan Commission approval, not over 400 feet from the principal use as measured along the shortest available route of pedestrian access, except that required spaces may be permitted at other locations when and as authorized under Subsection N of this section. When planning new parking lots, every attempt shall be made to minimize the effect of headlights and noise from parking lot driveway entrances and exits on adjacent residential areas.

[Amended 9-26-2005 by Ord. No. 481; 3-23-2009 by Ord. No. 539]

D. Surfacing.

[Amended 2-9-2004 by Ord. No. 442]

(1) All off-street parking areas shall be graded and surfaced so as to be dust-free and properly drained. In every instance of use, regardless of district, each driveway, parking space, and each area designated for the display, storage, or retention of motor vehicles shall be of a paved asphaltic or cement concrete surface, the depth of which shall be established by specifications approved by the Village Engineer prior to application, or, in the case of single- and two-family usage, pursuant to Chapter 178, Property Maintenance, § 178-7, of this Municipal Code. Any required parking area for more than five vehicles shall have the aisles and spaces clearly marked.

(2) The provisions of this subsection shall be addressed by every applicant for an occupancy permit, a conditional use permit, and by every applicant for a zoning or building permit where the passage of this amendment has created a nonconforming parking area. The provisions of this subsection shall be a necessary consideration by the Zoning Board of Appeals in every application for a zoning ordinance variance.

[Amended 12-11-2006 by Ord. No. 506]

E. Screening. Any off-street parking area other than that provided for a residence which abuts or faces a residence district shall provide a planting screen, landscaped fence or wall at least four feet in height along the side abutting or fronting on a residence district.

F. Offset. No off-street parking area shall include space within 10 feet of an abutting residential lot line, except as such parking area may be accessory to a residence.

G. Lighting. Lights provided in any parking area shall be hooded or beamed so as to minimize glare and/or illumination of adjacent residential property or public roads.

H. Curbs or barriers. Curbs or barriers in all required parking areas shall be installed so as to prevent the parked vehicles from extending over any lot lines.

I. Floor area defined. For purposes of determining the off-street parking requirements for commercial establishments, "floor area" shall include the gross floor area of those rooms of a building to which it is intended generally to admit invitees for the transaction of business with an occupant or area in which materials for sale are manufactured, processed, repaired, or stored. It shall not include unused areas or areas used for dead storage into which neither employees or customers regularly enter.

J. Number of parking stalls. Any building hereafter erected, expanded, or structurally altered shall be provided with off-street vehicle parking spaces to be used by the residents, patrons, visitors or employees of the building, according to the following schedule. When the application of this schedule results in the requirement of a fractional parking space, any fraction up to one-half may be disregarded and any fraction equaling one-half or more shall be construed as requiring one full parking space. Parking spaces located in garages or other building areas may be included in computing spaces otherwise required.

[Amended 9-26-2005 by Ord. No. 481; 4-24-2006 by Ord. No. 496; 11-11-2013 by Ord. No. 610]

	Uses		Minimum Required Spaces (square feet is gross unless otherwise specified)		Minimum Required On-Site Queuing Space (number of vehicles)		Other Required Standard(s) for Off-Street Parking Spaces
	Commercial/Retail:
		Auto fuel station (without service)	2.0 minimum				Plus 4.75 per 1,000 retail SF
		Auto fuel station (with service)	3.0 minimum				Plus 3.0 per service bay
		Auto fuel station (with car wash)	Corresponding auto fuel station requirements		Equal to 3 times car wash capacity
		Auto service station	3.0 minimum				Plus 3.0 per service bay
		Barber/beauty salon/spa	3 per licensed chair/facility
		Car wash (full service)	Plus 1.0 per employee on largest shift		Equal to 8 times car wash capacity
		Car wash (self-service)			4.0 cars per wash stall
		Car wash (accessory)			Equal to 3 times car wash capacity
		Commercial or retail sales uses (except as herein noted)	4.0 per 1,000 SF
		General merchandise and department store greater than 5,000 SF	4.75 per 1,000 SF
		General merchandise and convenience store less than 5,000 SF	5.0 per 1,000 SF
		Restaurant, dine-in (quality, gourmet, family, sit-down)	1.0 per 3 seats				Plus 2.0 per 3 employees on largest work shift; 10.0 minimum
		Restaurant, dine-in, fast food (w/o drive-through)	1.0 per 4 seats				Plus 2.0 per 3 employees on largest work shift
		Restaurant, fast food with drive-through	1.0 per 4 seats		12.0 per drive-up window with 5 spaces minimum at ordering station		Plus 2.0 per 3 employees on largest work shift
		Shopping center (w/supermarket)	5.5 per 1,000 SF
		Shopping center (w/o supermarket)	5.0 per 1,000 SF
		Shopping center (3+ stores, not classified elsewhere in Table)	5.0 per 1,000 SF
		Specialty retail center (average tenant space less than 2,500 SF)	4.0 per 1,000 SF
		Specialty store	4.0 per 1,000 SF
		Supermarket, grocery	6.0 per 1,000 SF
		Tavern, bar, cocktail lounge	1.0 per 2.5 seats				Plus 2.0 per 3 employees on largest work shift
		Video tape rental/sales	5.5 per 1,000 SF
	Residential (Private and Commercial):
		Apartment	2.0 per unit				Plus 0.5 per unit for visitors
		Assisted-living facilities, community-based residential facilities	1.0 per 3 patient beds				Plus 1.0 per employee on largest work shift
		Condominium	2.0 per unit, of which 1.0 must be enclosed				Plus 0.5 per unit for visitors
		Dormitories or group living facilities	0.5 per bedroom
		Dwellings (single-family detached)	2.0 per dwelling
		Dwellings (two-family/duplex)	1.0 per bedroom, of which 1 must be enclosed				Plus 0.5 per unit for visitors
		Nursing homes	1.0 per 2 patient beds		3.0 vehicles on-site		Plus 1.0 per employee on the largest work shift
		Residential units in nonresidential structures	1.0 per bedroom
		Senior citizen multiple-family/ retirement community/ independent living facility	1.0 per unit		3.0 vehicles on-site		Plus 0.5 per unit for visitors
	Transportation/Communication/Utilities:
		All uses	1.0 per employee on largest work shift				Plus 1.0 per vehicle used or stored; plus 1.0 per 500 SF of office area
	Institutional:
		Child-care centers/day nurseries	1.0 per employee				Plus 1.0 per 15 children
		Churches/chapels	1.0 per 3 seats		3.0 vehicles on-site		Plus 1.0 per vehicle used or stored on premises
		Clubs and lodges	1.0 per 4 seats or 1.0 per 3 members, whichever is greater
		Hospitals	2.0 per 3 patient beds		5.0 vehicles on-site for emergency room		Plus 1.0 per doctor and employee on the largest work shift
		Libraries	4.0 spaces per 1,000 SF				Plus 1.0 per employee on the largest work shift
		Museums/galleries	2.5 per 1,000 SF gross floor area
		Postal stations	4.0 per customer service station				Plus 2.0 per 3 employees on largest work shift; plus 1.0 per vehicle stored on site
		Schools, Pre-	1.0 per employee				Plus 1.0 per 5 children
		Schools, Elementary and Junior High	1.0 per employee				Plus 1.0 per classroom
		Schools, Senior High	1.0 per employee				Plus 1.0 per 5 non-bused students
		Schools, Special Education	1.0 per classroom and 4.5 per 1,000 SF office
		Schools, College/University and Vocational	1.0 per employee				Plus 1.0 per 2 students
	Cultural/Entertainment/Recreational:
		Athletic fields	12.0 per improved facility (field, diamond, etc.)				Plus additional spaces as determined by Plan Commission for spectator seating
		Auditoriums/meeting rooms/places for public assembly (except as noted herein)	1.0 per 3 seats or 1.0 per 50 SF floor area of assembly area where there is no fixed seating
		Bowling alleys	5.0 per alley
		Clubs/lodges, open to public	1.0 per 2.5 seats				Plus 2.0 per 3 employees on largest work shift
		Community centers and private, nonprofit recreation centers (except as noted)	The greater of 4.0 per 1,000 SF or 1.0 per 4 patrons of maximum capacity		5 vehicles on site		Plus 1.0 per employee on largest work shift
		Golf, country clubs	To be determined by Plan Commission based upon report prepared by applicant
		Golf, public	3.0 per hole				Plus 50% of spaces otherwise required for any accessory use (bar, restaurant, etc.)
		Golf, driving ranges	2.0 per tee
		Golf, miniature	1.0 per 5,000 SF lot area
		Gymnasiums	3.0 per 1,000 SF
		Ice and roller rinks	5.5 per 1,000 SF
		Libraries	4.0 per 1,000 SF				Plus 1.0 per employee on the largest work shift
		Parks (city/county/state), playgrounds, and picnic grounds	To be determined by Plan Commission
		Sports club/health spa	The greater of 1.0 per 3 patron lockers or 1.0 per 3 persons at maximum facility capacity
		Swimming pools	1.0 space per 75 SF of gross water area				Plus 1.0 per employee on the largest work shift
		Tennis clubs	3.0 per 1,000 SF				Plus additional spaces as determined by the Plan Commission for spectator seating
		Tennis courts, outdoor	3.0 per court				Plus additional spaces as determined by Plan Commission for spectator seating
		Theater, live	1.0 per 50 SF
		Theater, music	1.0 per 50 SF
		Theater, movie	0.50 per seat
		Open Space:
		Cemeteries	2.0 per 3 employees on largest work shift				Plus 1.0 garage space per vehicle used or stored
	Industrial:
		Light industry	2.0 per 1,000 SF office/customer use				Plus 1.0 per employee on the largest work shift; plus 1.0 per vehicle used/stored
		Manufacturing and fabrication	2.0 per 1,000 SF office/customer use				Plus 1.0 per employee on the largest work shift; plus 1.0 per vehicle used/stored
		Warehousing and wholesaling	1.0 per employee on largest work shift				Plus 1.0 per vehicle used/stored
	Office:
		Dental offices and clinics	4.5 per 1,000 SF
		Medical office building or clinic	The greater of 4.0 per 1,000 SF floor area or 5.0 per doctor				Plus 1.0 per vehicle used/stored
		Office building, general	4.5 per 1,000 SF				Plus 1.0 per vehicle used/stored
		Research center (non-leasable space)	3.0 per 1,000 SF up to 50,000 SF				Plus 2.5 per 1,000 SF over 50,000 SF
	Services:
		Financial: bank (walk-in only)	4.5 per 1,000 SF
		Financial: bank (drive up-and walk-in)	4.5 per 1,000 SF		Equal to 5 times drive-up capacity
		Financial: lending agency, stockbroker	4.0 per 1,000 SF
		Hotels, motels, bed-and-breakfast	1.0 per sleeping unit				Plus 1.0 per employee on largest work shift; plus 1.0 per vehicle used or stored
		Insurance agents/brokers	4.0 per 1,000 SF
		Mortuaries/funeral homes	1.0 per 3 seats at maximum capacity; 10 minimum				Plus 1.0 per employee on the maximum work shift
		Real estate agents/brokers	4.5 per 1,000 SF
		Veterinary clinics and hospitals	6.0 minimum				Plus 4.0 per each exam room over 1 room

K. Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply and will be determined by the Plan Commission.

L. Combinations. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use.

M. Modifications to required parking spaces. The Village of Waterford recognizes that, due to the particularities of any given land use or development, the inflexible application of the parking supply requirements set forth in Subsection J of this section may result in a land use or development either with inadequate parking supply or parking supply far in excess of its needs. Therefore, the Plan Commission may permit or require deviations from the requirements of Subsection J of this section and may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standards set out in Subsection M(1) and (2) of this section. Whenever the Plan Commission permits or requires a modification to the prescribed parking supply requirements, it may also request the recording of the same under the provisions of Subsection O of this section with the Racine County Register of Deeds.

[Added 9-26-2005 by Ord. No. 481]

(1) Additional parking spaces can be required if it is determined that the prescribed requirement for a particular development will lead to traffic congestion or parking violations in adjacent streets or unauthorized parking in nearby private parking lots.

(2) A reduction in parking spaces can be required if it is determined that the prescribed requirement for a particular development would result in the wasteful use of property that could more desirably be used for additional building development, in the case of a land use or development which would produce less parking demand, or for environmentally useful or aesthetically pleasing open space.

N. Alternatives to on-site parking: shared or off-site parking.

[Added 9-26-2005 by Ord. No. 481]

(1) The petitioner shall submit written documentation to the satisfaction of the Plan Commission that shared parking spaces are available to satisfy the parking requirements. Shared parking agreements shall provide evidence that either parking lots are adequate in total number of spaces to accommodate multiple users or that parking spaces will be shared at certain times of the day (i.e., one activity uses the spaces during daytime hours and another activity uses the spaces during evening hours). Off-site parking lots shall be located not more than 400 feet from the principal building entrance that it is intended to serve, unless the petitioner's business or other use is located in the Downtown Parking District [identified in Subsection B(2)] and may be served by a municipal parking lot.

[Amended 4-23-2007 by Ord. No. 513]

(2) When a reduction of parking spaces attributable to shared parking or off-site parking is requested, the petitioner shall submit written verification that such parking is available for the life of the applicant's use and shall include copies of any contracts, joint lease agreements, easements, and other such documentation to show that such shared parking can be accomplished. The method by which the required shared parking will be provided is subject to the approval of the Village Attorney upon request by the Village Administrator, and may be required to be recorded under the provisions of Subsection O of this section. Off-site parking spaces shall be clearly posted for the joint use of employees, tenants and/or customers of each respective use sharing those spaces.

O. Recording of restrictions. The Plan Commission may require that a declaration of land use restriction be recorded upon the subject property at the Racine County Register of Deeds to ensure that future owners are informed of use restrictions resulting from the administration of this section.

[Added 9-26-2005 by Ord. No. 481]

§ 245-16 Conditional use permits and procedures.

[Added 2-13-1995 by Ord. No. 311; amended 6-26-1995 by Ord. No. 316; 1-25-1999 by Ord. No. 372; 5-13-2002 by Ord. No. 422; 11-22-2004 by Ord. No. 467; 9-26-2005 by Ord. No. 481; 1-23-2006 by Ord. No. 489; 12-11-2006 by Ord. No. 506; 4-23-2007 by Ord. No. 513; 3-4-2008 by Ord. No. 528; 7-23-2018 by Ord. No. 658]

A. Purpose. The purpose of this section is to provide regulations that govern the procedures and requirements for the review and approval, or denial, of proposed conditional uses. Under this chapter, a proposed conditional use shall be denied unless the applicant can demonstrate to the satisfaction of the Village that the proposed conditional use will not create undesirable impacts on nearby properties, the environment, or the community as a whole.

B. Applicability. The execution of this chapter is based upon the division of the Village into zoning districts, within which districts the use of land and buildings and location of buildings and structures in relation to the land are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts without consideration of the impact of those uses upon neighboring land or public facilities and the public need for a particular use in a particular location. In these instances, the conditional use permit review and approval procedures shall apply.

C. Review and approval. All conditional use permit requests shall be subject to the review of the Zoning Administrator. The Plan Commission shall review and hear applications for conditional uses, and shall act on the conditional use permit request in accordance with the procedures in this section.

D. Initiation of request for approval of a conditional use. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property.

E. Application requirements. An application for a conditional use permit shall contain the following. The Village may require the applicant to submit 13 hard copies, plus a digital file, of the items listed herein:

(1) Names, addresses and day-time phone numbers of the applicant, owner of the site, architect, professional engineer, contractor, when engaged, and all opposite and abutting property owners of record.

(2) A map of the generalized location of the subject property in relation to the Village as a whole.

(3) A map of the subject property (at a minimum scale of one inch equals 800 feet) showing all lands for which the conditional use is proposed and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction which maintains that control. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.

(4) A written description of the proposed conditional use describing the type of activities, buildings, and structures proposed for the subject property and their general locations.

(5) A site plan of the subject property as proposed for development. Said site plan shall conform to any and all requirements of § 245-56.6.

(6) As an option, the applicant may provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate.

(7) If a facility such as a nursing home, community-based residential care facility (CBRF) or residential care apartment complex (RCAC), as defined by statute, which includes living space for five or more patients or residents and intended for long-term or permanent residential purposes is to be operated as a not-for-profit entity, the application for a conditional use permit shall address the potential for increased services that will be required for that use and shall include a proposal for a voluntary payment in lieu of taxes (PILOT) agreement to be entered into between the entity/facility and the Village.

(8) Additional information, as may be required by the Zoning Administrator, Village Plan Commission, Village Attorney, or Village Engineer.

F. Application certification. All applications for proposed conditional uses shall be certified as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. If the Zoning Administrator determines that the application does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements. The Zoning Administrator will also provide the application itself to the Village Clerk, who shall certify that no taxes, assessments, forfeitures or other claims of the Village are delinquent and unpaid on the property or by the applicant, unless the same are being legally appealed.

G. Review by Zoning Administrator. The Zoning Administrator shall review and evaluate the application and prepare a written report to be sent to the Plan Commission for review. Through the written report, the Zoning Administrator shall evaluate whether:

(1) The proposed conditional use (the use in general, independent of its location) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan, this chapter, and any other plan, program, or ordinance adopted or under consideration pursuant to official notice by the Village. If the Zoning Administrator determines that the proposed use, independent of its location, may be in conflict with any of these, the Zoning Administrator shall note this determination in the report.

(2) The proposed conditional use (in its specific location) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan, this chapter, and any other plan, program, or ordinance adopted or under consideration pursuant to official notice by the Village. If the Zoning Administrator determines that the proposed use, in its specific location, may be in conflict with any of these provisions, the Zoning Administrator shall note this determination in the report.

(3) The proposed conditional use, in its proposed location and as depicted on the required site plan, results in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Comprehensive Plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide development.

(4) The proposed conditional use would maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.

(5) The proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property. The proposed conditional use may be reviewed by the Department of Public Works.

(6) The potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.

H. Public hearing by the Plan Commission.

(1) As soon as possible, but no later than 45 days after acceptance of a complete application by the Zoning Administrator, the Plan Commission shall conduct a public hearing to consider the application. The applicant may appear in person or by agent and/or by attorney.

(2) The Village Clerk shall publish a Class 2 notice of the requested conditional use permit and the public hearing, and at least 10 days before the hearing shall mail a notice to the abutting property owners as listed in the application and to the clerk of any municipality whose boundaries are within 1,000 feet of the proposed conditional use. Said notice shall contain a description of the subject property and the proposed conditional use. The failure to mail said notice or failure to meet the time requirements herein, provided that it is unintentional, shall not invalidate proceedings under this section.

I. Review and action by Plan Commission. The Plan Commission shall consider the report of the Zoning Administrator regarding the proposed conditional use. The Plan Commission may request further information and/or additional reports from the Zoning Administrator, applicant, and/or from any other source. The Plan Commission shall conduct a review including, but not limited to, the site, existing and proposed structures, neighboring uses, parking areas, driveway location, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation.

(1) The Plan Commission may take final action on the application at the time of its initial meeting or may continue the proceedings upon its own motion or at the applicant's request. The Plan Commission may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications, or may deny approval of the proposed conditional use.

(2) In making its decision, the Plan Commission shall consider the criteria below and make findings of fact regarding each. The Plan Commission shall determine:

(a) The consistency of the proposed use with the Comprehensive Plan;

(b) Whether the use proposed is hazardous, harmful, or offensive, within the neighborhood or locale where proposed;

(c) Whether the use proposed is adverse to the environment;

(d) Whether the use proposed adversely affects the property value, the aesthetics, or the general well being of the neighborhood where proposed;

(e) Whether all of the criteria and information required herein has been adequately provided by applicant;

(f) Any finding of facts supporting its recommendation as to whether the potential public benefit outweighs any and all potential adverse impacts.

(3) The Plan Commission's decision shall be based on substantial evidence, i.e., facts and information, other than merely personal preferences or speculation, directly related to the requirements and conditions the applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

(4) If the applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this Municipal Code or those imposed by the Plan Commission, the Plan Commission shall grant the conditional use permit.

(a) Any condition imposed must be empirical, must be related to the purpose of the Code, and must be based on substantial evidence.

(b) The requirements and conditions must be reasonable and, to the extent practicable, measurable, and may include conditions such as the permit's duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the Plan Commission relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The Plan Commission's decision to approve or deny the permit must be supported by substantial evidence.

J. Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

K. Duration and termination of an approved conditional use.

(1) Duration. Once granted, the conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the Plan Commission may impose conditions such as the permit's duration, transfer, or renewal, in addition to the conditions specified in the Zoning Code or by the Plan Commission.

(2) Upon approval by the Plan Commission, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per § 245-56.6. Once a conditional use is granted, no erosion control permit, site plan, zoning permit, or building permit shall be issued for any development that does not comply with all requirements of this chapter.

(3) Any conditional use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Village Board, following the procedures outlined in Subsection T below.

L. Time limits on the development of conditional use. Construction of any and all conditional uses shall be initiated within 365 days of approval by the Plan Commission and they shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use permit. For the purposes of this section, "operational" shall be defined as the granting of a certificate of zoning compliance for the conditional use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Plan Commission and shall be based upon a showing of acceptable justification (as determined by the Plan Commission).

M. Discontinuing an approved conditional use. Any and all conditional uses that have been discontinued for a period exceeding 365 days shall have their conditional use permit invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.

N. Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property; however, submittal of a plan of operation shall be required prior to the change in ownership. For bed-and-breakfast establishments, the granting of a conditional use permit shall be valid while the establishment is under the same ownership.

O. Amendment, modification, alteration or expansion.

(1) Amendment of existing permits.

(a) When permissible: application. At such time as the holder of a conditional use permit wishes to change the terms of its permit in a manner which does not change the nature of the use but that could increase or expand the operation of the use by 25% or less, the holder of the permit shall apply to the Plan Commission for an amendment to its permit, and shall state in its application the precise changes it wishes to make and the expected effect of the changes upon the site, neighboring uses, parking, traffic generation and circulation, and the drainage, sewerage and water systems. The applicant shall also list the names of the property owner and all abutting property owners. Changes to a permit which are expected to change the nature of a use, change the location of the use to a site which is not in the same structure as the existing use, or create greater than a twenty-five-percent increase in the operation of a use may not be made; application must be made for a new conditional use permit. The Zoning Administrator may approve minor changes consistent with similar permitted uses.

(b) Procedure. No fee shall be required to apply for an amendment to a conditional use permit. Upon application for an amendment to a conditional use permit, the Clerk shall schedule such application for review by the Plan Commission at an open meeting, and shall mail notice thereof to the property owner and all abutting property owners along with a copy of the application not less than 10 days prior to the date of the scheduled review. No public hearing shall be required, but the Plan Commission shall accept comments from any person attending the open meeting.

(2) Modification, alteration, or expansion of any conditional use without approval by the Plan Commission shall be considered in violation of this chapter and shall be grounds for revocation of said conditional use approval per Subsection T below.

P. Notice to the Wisconsin Department of Natural Resources. The Plan Commission shall transmit a copy of each application for a conditional use for affected by regulations in the Floodplain or Shoreland-Wetland Overlay Zoning Districts to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses affected by shoreland-wetland regulations or by floodplain regulations shall be transmitted to the DNR within 10 days of the date of such decision.

Q. Formerly approved conditional uses.

(1) A use now regulated as a conditional use which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this chapter [insert date _____] shall be considered as a legal, conforming land use so long as the previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and Village consideration under this section.

(2) A use that was approved as a conditional use prior to the effective date of this chapter [insert date _____] that is no longer regulated as a conditional use shall be considered a legal, conforming land use so long as the use continues to conform to the regulations of this chapter.

R. Fees. One or more fees are required for this procedure. Refer to § 245-56M.

S. Appeals. Appeals from the decision of the Plan Commission of Village of Waterford shall be to the Circuit Court pursuant to Wis. Stats. § 62.23(7)(de).

T. Penalties.

(1) In every instance where work commences upon a project subject to § 245-16 of this Code, prior to the conditional use permit being applied for and granted, there shall be a double fee imposed for the permit, and the applicant shall remain required to meet full compliance with this chapter.

(2) It shall be unlawful to use or improve any structure or land in violation of any of the provisions of the section. In addition to penalties imposed under Chapter 1, Article II, of this Code, the Village of Waterford may institute appropriate action to enjoin a violation of this section, or to cause any structure so constructed or altered to be vacated or removed.

(3) It shall be unlawful to use or improve any structure or land in violation of any of the terms of a conditional use permit. In addition to or as an alternative to the penalties imposed under § 245-57 of this Code, the Village of Waterford may:

(a) Send notice to the permit holder of the violation, and require that the violation be corrected within five days, or more if allowed by the Zoning Administrator or Village Attorney, after written notice is given.

(b) If the violation is not corrected, or a second violation is incurred within a twelve-month period of the first violation, the Village may act to suspend or revoke the conditional use permit, as follows:

[1] Complaint. The Zoning Administrator or any resident may file a sworn written complaint with the Village Clerk alleging one or more violations.

[2] Summons. Upon the filing of the complaint, the Plan Commission shall issue a summons, signed by the Clerk and directed to any peace officer in the municipality. The summons shall command the permit holder complained of to appear before the Plan Commission on a day and place named in the summons, not less than three days and not more than 30 days from the date of issuance, and show cause why his or her conditional use permit should not be revoked or suspended. The summons and a copy of the complaint shall be served on the permit holder at least three days before the time at which the licensee is commanded to appear. Service shall be in the manner provided under Wis. Stats. Ch. 801 for service in civil actions in Circuit Court.

[3] Procedure on hearing.

[a] If the permit holder does not appear as required by the summons, the allegations of the complaint shall be taken as true, and if the Plan Commission finds the allegations sufficient, the conditional use permit shall be revoked. The Village Clerk shall give notice of the revocation to the person whose permit is revoked.

[b] If the permit holder appears as required by the summons and denies the complaint, both the complainant and the permit holder may produce witnesses, cross-examine witnesses and be represented by counsel. The permit holder shall be provided a written transcript of the hearing at his or her expense.

[i] If the Plan Commission finds the complaint to be true, the Plan Commission shall determine whether the conditional use permit shall either be suspended for not less than 10 days nor more than 90 days or revoked and shall report the same to the Village Board.

[ii] If the Plan Commission finds the complaint untrue, it shall recommend that the proceeding be dismissed without cost to the accused. If the Plan Commission finds the complaint to be malicious and without probable cause, it shall recommend that the costs be paid by the complainant. The Plan Commission may require the complainant to provide security for such costs before issuing the summons under Subsection T(3)(b)[2].

[c] The Plan Commission shall submit a report to the Village Board, including findings of fact, conclusions of law and a recommendation as to what action, if any, the Village Board should take with respect to the conditional use permit. The Commission shall provide the complainant and the permit holder with a copy of the report. Either the complainant or the permit holder may file an objection to the report and shall have the opportunity to present arguments supporting the objection to the Village Board. The Village Board shall determine whether the arguments shall be presented orally or in writing or both.

[i] If the Village Board, after considering the Plan Commission's report and any arguments presented by the complainant or the permit holder, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the conditional use permit shall be suspended or revoked as recommended by the Plan Commission.

[ii] If the Village Board finds the complaint untrue, the proceeding shall be dismissed without cost to the accused. If the Village Board finds the complaint to be malicious and without probable cause, the costs shall be paid by the complainant.

[d] The Village Clerk shall give notice of each suspension or revocation to the person whose permit is suspended or revoked.

[4] Effect of revocation. When a conditional use permit is revoked under this subsection, the revocation shall be recorded by the Village Clerk and no other conditional use permit issued under this chapter may be granted within 12 months of the date of revocation to the person whose permit was revoked.

[5] Judicial review. The action of the Village Board in suspending or revoking any permit, or the failure to revoke or suspend any permit for good cause, may be reviewed by the circuit court for Racine County, upon application by any permit holder or resident of the Village. The procedure on review shall be the same as in civil actions instituted in the Circuit Court. The person desiring review shall file pleadings, which shall be served on the Village Board in the manner provided in Wis. Stats. Ch. 801 for service in civil actions, and a copy of the pleadings shall be served on the permit holder. The Village Board or permit holder shall have 45 days to file an answer to the complaint. Following filing of the answer, the matter shall be deemed at issue and hearing may be had upon due notice served upon the opposing party. The hearing shall be before the court without a jury. Subpoenas for witnesses may be issued and their attendance compelled. The decision of the court shall be filed pursuant to Racine County Circuit Court Rules and a copy of the decision shall be transmitted to each of the parties. The decision shall be binding unless it is appealed to the Court of Appeals.

§ 245-16.1 Adult establishment uses.

[Added 12-11-2006 by Ord. No. 504]

A. Findings of fact.

(1) The Village finds that adult establishments as defined in this chapter require special zoning in order to protect and preserve the health, safety, and welfare of the Village.

(2) Based on its review of the Report to the American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses; and based on its review of studies conducted in the City of Garden Grove, California; Newport News, Virginia; Adams County, Colorado; and Denver Colorado; and based on the findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); and Colman A. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976), the Village finds that there is convincing evidence that the secondary effects of adult establishments include an increased risk of prostitution, high-risk sexual behavior, crime, and other deleterious effects upon existing business and surrounding residential areas, and decreased property values. The consumption of alcoholic beverages on the premises of an adult business exacerbates the deleterious secondary effects of such businesses on the community.

(3) The Village intends to control the impact of these secondary effects in order to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; and preserve the property values and character of surrounding neighborhoods and areas.

(4) It is not the Village's intent to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the secondary effects of adult establishments while providing an outlet for First Amendment protected activities.

(5) In order to minimize and control the secondary effects of adult establishments upon the Village, it is the Village's intent to prevent the location of adult establishments within a certain distance of other specified locations which are incompatible with and would suffer from the secondary effects of adult establishments.

B. Uses. The First Amendment and other provisions of the United States Constitution, as interpreted by the United States Supreme Court and other courts, require that adult establishments, as defined in this chapter, are entitled to certain protections, including the opportunity to locate in the Village. Therefore, an adult establishment shall be an allowed principal use in the Industrial Zoning District, subject to the conditional use provisions set forth herein, and shall be a prohibited use in any other zoning district, including Planned Community Development Districts. The adult establishment may locate in the specified district only if all the requirements of this chapter and the zoning district's regulations are met.

C. Regulations applicable to all adult establishments.

(1) Hours of operation. No adult establishment shall be open for business at any time between the hours of 2:00 a.m. and 12:00 noon.

(2) Animals. No animals, except only for service animals, shall be permitted at any time at or in any adult establishment.

(3) Restricted access. No adult establishment patron shall be permitted at any time to enter into any of the non-public portions of any adult establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of adult establishment employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the permitted premises; provided, however, that any such persons shall remain in such non-public areas only for the purposes and to the extent and time necessary to perform their job duties.

(4) Exterior display. No adult establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any adult entertainment.

[Amended 1-14-2019 by Ord. No. 669]

(5) Signs. See Article VI of this chapter.

[Amended 1-14-2019 by Ord. No. 669]

(6) Noise. No loudspeakers or sound equipment audible beyond the adult establishment shall be used at any time.

(7) Manager's stations. Each adult establishment shall have one or more manager's stations. The interior of each adult establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the establishment to which any adult establishment patron is permitted access for any purpose. The cashier's or manager's station shall be located so that someone working there can quickly move to physically halt any attempted or accidental entry by a minor. An employee shall occupy the station at all times when patrons are in and on the premises.

(8) Adult booths prohibited. Adult booths shall be prohibited in all adult establishments.

(9) No loitering policy. The adult establishment shall clearly post and enforce a no loitering policy.

(10) Age limit restrictions. The adult establishment shall clearly post and enforce age-limit restrictions. A one-square-foot sign shall be placed on each public entrance which shall state "Admittance to adults only" and may include other pertinent business information.

(11) Measuring disbursement distances. The distances in this section shall be measured by following a straight line, without regard to intervening structures, from the public entrance (existing or proposed) of an adult establishment to the nearest point of the protected use as described below.

(12) Adequate parking. Notwithstanding § 245-15J of this chapter, one parking space per 150 square feet of total gross floor area shall be provided in a lighted area on the permitted premises of an adult establishment.

(13) Spacing requirement. No more than one adult establishment may be located on any one parcel.

(14) Display windows prohibited. All points of access into structures containing adult establishments and all windows or other openings shall be located, constructed, covered, or screened in a manner which will prevent a view into the interior.

(15) Location requirement. No permit shall be granted where the public entrance of the proposed adult establishment is within 150 feet of a residential use, residential district, house of worship, school, day-care center, playground, public park, recreation area, library, or museum. In the case of an area zoned residential, the distance shall be measured from the nearest point on the residential district zoning boundary line. From an area not zoned residential but used for residential purposes, the measurement shall be taken from the public entrance of the adult establishment to the nearest entrance of the building in residential use. From schools, houses of worship, day-care centers, libraries, and museums, the distance shall be measured from the public entrance of the adult establishment to the main public entrance of the protected use. From playgrounds, public parks, recreation areas, and schools, houses of worship and day-care centers with playgrounds or recreation areas, the distance shall be measured from the public entrance of the adult establishment to the nearest property line of the playground, public park, or recreation area.

(16) Residential quarters not allowed. No residential quarters shall be allowed on a premises with an adult establishment.

(17) No adult establishment may be granted or hold an intoxicating liquor and/or fermented malt beverage license.

(18) No adult establishment shall permit any physical contact between employees appearing in a nude or semi-nude condition and patrons, except for the taking of tips.

(19) No adult establishment shall permit any person on the premises to solicit or perform acts of "sexual conduct" as that term is defined in Wis. Stat. § 944.21(2)(e).

(20) The operator of an adult establishment shall permit officers or agents of the Village of Waterford who are performing functions in connection with the enforcement of this chapter to inspect portions of the adult establishment premises where patrons are permitted, for the purpose of ensuring compliance with this chapter, at any time the adult establishment is occupied by patrons or open for business. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

D. Required information and documents. As part of the conditional use permit required in this section, the applicant shall provide the following information:

(1) Demographics.

(a) Individuals:

[1] Applicant's legal name, all of the applicant's aliases, and the applicant's age.

[2] Applicant's business address.

(b) Corporations:

[1] Applicant corporation's complete name and official business address;

[2] Legal names, all aliases, the ages, and business addresses of all of the directors, officers, and managers of the corporation and of every person owning or controlling more than 25% of the voting shares of the corporation.

[3] Applicant corporation's date and place of incorporation and the objective for which it was formed.

[4] Proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Wisconsin.

[5] Name of the registered corporate agent and the address of the registered office for service of process.

(c) Partnerships (general or limited), joint ventures, or any other type of organization where two or more persons share in the profits and liabilities of the organization:

[1] Applicant organization's complete name and official business address.

[2] Legal name, all aliases, the ages, and business addresses of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization.

(d) Land trusts:

[1] Applicant land trust's complete name.

[2] Legal name, all aliases, and the business address of the trustee of the land trust.

[3] Legal name, all aliases, the ages, and business addresses of each beneficiary of the land trust and the specific interest of each such beneficiary in the land trust.

[4] The interest, if any, that the land trust holds in the permitted premises.

(2) If a corporation or partnership is an interest holder that shall be disclosed pursuant to Subsection C(1)(b) and (c), then such interest holders shall disclose the information required in said subsections with respect to their interest holders.

(3) The general character and nature of the applicant's business.

(4) The length of time that the applicant has been in the business of the character specified in response to Subsection C(3) above.

(5) The location (including street address and legal description) and telephone number of the premises for which the adult establishment permit is sought.

(6) The specific name of the business that is to be operated under the conditional use permit for the adult establishment.

(7) The identity of each fee simple owner of the premises.

(8) A diagram showing the internal and external configuration of the premises, including all doors, windows, entrances, exits, the fixed structural internal features of the premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. (A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clearly the various interior dimensions of all areas of the permitted premises and to demonstrate compliance with the provisions of this chapter. The approval or use of the diagram required pursuant to this subsection shall not be deemed to be, and may not be interpreted or construed to constitute, any other Village approval otherwise required pursuant to applicable Village ordinances and regulations.)

(9) The specific type(s) of adult establishment(s) that the applicant proposes to operate on the premises.

(10) A copy of each adult establishment's licenses or permits required by this Code or state law currently held by the applicant, or any of the individuals identified in the application pursuant to Subsection C(1) or (2) above.

(11) The name of the individual(s) who shall be the day-to-day, on-site manager(s) of the proposed adult establishment.

(12) The fee for a conditional use permit application, as set forth in § 245-16C.

(13) Any other information the Zoning Administrator or Plan Commission may reasonably require to apply the requirements of this chapter.

(14) The Village reserves the right to require a survey from a surveyor licensed by the State of Wisconsin to determine the spacing requirements under this chapter.

E. Incomplete applications returned. Any application for a conditional use permit for an adult establishment that does not include all of the information and documents required pursuant to this chapter, as well as the required fees, shall be deemed to be incomplete and shall not be acted on by the Plan Commission. The Village shall give the applicant a written notification and explanation of such action pursuant to this section.

F. Applicant cooperation required. An applicant for an adult establishment permit shall cooperate fully in the inspections and investigations conducted by the Village. The applicant's failure or refusal to: (1) give any information reasonably relevant to the investigation of the application; (2) allow the premises to be inspected; (3) appear at any reasonable time and place, or (4) otherwise cooperate with the investigation and inspection required by this chapter shall constitute an admission by the applicant that the applicant is ineligible for a conditional use permit for an adult establishment and shall be grounds for denial of the permit by the Plan Commission.

G. Time for issuance or denial. The conditional use permit process shall be identical to that set forth in § 245-16D; however, the consideration by the Plan Commission of the conditional use permit application shall be as set forth in this section.

H. Standards for issuance or denial of permit.

(1) Issuance. The Plan Commission shall issue a conditional use permit for an adult establishment to an applicant if the Plan Commission finds and determines all of the following:

(a) All information and documents required by this chapter for issuance of an adult establishment permit have been properly provided.

(b) No person identified in the application may:

[1] Have been denied a conditional use permit for an adult establishment within 12 months immediately preceding the date of the application;

[2] Be a person whose conditional use permit for an adult establishment has been revoked within 12 months immediately preceding the date of the application; or

[3] Be a person whose conditional use permit for an adult establishment is under suspension at the time of application.

(c) The adult establishment and the premises comply with all requirements under this chapter and the applicant has obtained whatever licenses are required under any other provision of this Code or the state, if any.

(d) The applicant has signed the permit he or she has received indicating his or her acceptance of the conditions of the permit.

(2) Denial. If the Plan Commission determines that the applicant has not met any one or more of the conditions set forth in this section, then the Plan Commission shall deny issuance of the conditional use permit for the adult establishment and shall give the applicant a written notification and explanation of such denial. The criteria for a conditional use permit listed in § 245-16A shall not be applicable.

I. Enforcement.

(1) A violation of any conditions of a conditional use permit for an adult establishment is a violation of this chapter.

(2) Notwithstanding any other remedy, a violation of any conditions of a conditional use permit for an adult establishment shall be grounds for revocation of the permit. The procedure for revocation shall be as set forth in § 245-16G.

J. Continued conforming status; amendments.

(1) An adult establishment lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of the conditional use permit for the adult establishment, if a protected use is located within 150 feet of the adult establishment.

(2) The requirements for the amendment of a conditional use permit shall be as set forth in § 245-16H. Consideration of the amendment shall be as set forth herein.

§ 245-17 Swimming pools.

[Added 3-14-2005 by Ord. No. 464]

A. Definition. In this section, "swimming pool" shall have the meaning set forth in Chapter 98, Building, Plumbing, Electrical and Mechanical Codes, § 98-27A, of this Municipal Code.

B. Permit required. See § 98-27A of this Municipal Code.

C. Use permitted. Swimming pools are permitted in any zoning district as an accessory structure, subject to the following:

(1) The swimming pool must be intended for the sole use of the occupants and guests of the principal use of the property on which the pool is located.

(2) A swimming pool, together with its surrounding walk, deck, patio, diving platforms and bathhouses, shall be considered an accessory structure, shall be so located that all parts of the complex are in conformity with the setback and yard requirements of the applicable district, and shall not, together will all other accessory structures located on the lot, exceed the maximum accessory structure limitation for lots in the applicable zoning district. No swimming pool shall be located in the front or side yard of the principal building.

(3) A barrier to entry shall be required as set forth in § 195-3 of this Municipal Code. Where a fence is required, a fence permit pursuant to § 245-14 of this Municipal Code is required.

(4) Except for a properly installed diving board, access ladder, deck, or safety railing, there shall be an unobstructed area of at least three feet surrounding the entire pool for aboveground pools.

[Amended 4-24-2006 by Ord. No. 496]

§ 245-17.1 Fireworks, explosives and ammunition.

[Added 5-11-2009 by Ord. No. 541]

A. Fireworks.

(1) Commercial novelty fireworks. The seasonal sales of commercial novelty fireworks in the Village may be allowed as an accessory use in the Business and Commercial District, Business and Industrial District, and a Planned Community Development District if the district is approved for commercial or industrial use and the use is not specifically excluded therein, but a conditional use permit or Precise Implementation Plan for such sales must be approved by the Plan Commission in advance of any such sales, and a permit therefor must be granted as set forth in Chapter 132.

[Amended 8-13-2018 by Ord. No. 658]

(2) Statutory fireworks. Statutory fireworks may be displayed in the Village in a nonresidential district, but any person wishing to display statutory fireworks anywhere in the Village must first obtain a permit therefor as set forth in Chapter 132.

B. Storage.

(1) No person may store explosives in any district in the Village, except in an Industrial District if allowed by the Board of Appeals.

(2) No person may store commercial novelty fireworks or statutory fireworks in any district in the Village, except in an Industrial District if allowed by the Board of Appeals, or as may be permitted in connection with seasonal sales of commercial novelty fireworks for which approval has been obtained pursuant to Subsection A(1) and a permit has been obtained pursuant to Chapter 132, or a display of statutory fireworks, for which a permit has been obtained pursuant to Chapter 132.

§ 245-17.2 Regulation of cell phone transmission towers.

[Added 3-13-2017 by Ord. No. 650]

A. Purpose. Wisconsin Statutes § 66.0404 specifies the manner in which a political subdivision can use zoning to regulate cell phone towers and provides for specific regulations that a political subdivision may not apply. This section sets forth the Village's regulatory authority in accordance with Wis. Stats. § 66.0404, and the provisions of this section take precedence over the provisions of any other section of the Zoning Code, including the application process and the procedures for issuance of permits.

B. Applicability. The Village's regulatory power extends to three types of projects, all for the installation of types of cell phone transmission facilities:

(1) Projects requiring construction of a new tower.

(2) Projects requiring substantial modification of an existing tower and facilities, but not construction of a new tower. Projects of this type are referred to as "class 1 co-location."

(3) Projects requiring neither construction of a new tower nor substantial modification of an existing tower and facilities. Projects of this type are referred to as "class 2 co-location."

C. Definitions. The definitions contained in Wis. Stats. § 66.0404(1) are hereby adopted and incorporated by reference.

D. Siting and construction of any new mobile service support structure and facilities or the substantial modification of an existing support structure and mobile service facilities (class 1 co-location).

(1) Conditional use permit required. A conditional use permit is required for the siting and construction of a new mobile service support structure and facility and/or the substantial modification of an existing support structure and mobile service facilities (class 1 co-location) and, notwithstanding any other provision of this Code, is subject only to the conditions set forth in this chapter and the requirements of the Building Code.[1]

[1] Editor's Note: See Ch. 98, Building, Plumbing, Electrical and Mechanical Code.

(2) Applications for permits. Applications for permits shall be provided by the Village Clerk. Applications shall be completed and filed with the Zoning Administrator and shall include the following information:

(a) Name and business address and contact information for the applicant.

(b) Location of the proposed or affected support structure.

(c) The location of the proposed mobile service facility.

(d) If the application substantially modifies an existing support structure, a construction plan which describes the proposed modification to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment associated with the proposed modifications.

(e) If the application is to construct a new mobile service support structure, a construction plan which describes a proposed mobile service support structure and equipment network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment to be placed on or around the new mobile service support structure.

(f) If the application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from the individual who has responsibility over the placement of the mobile service support structure, attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage and capacity, is technically unfeasible or is economically burdensome to the mobile service provider.

(g) If an applicant submits an application for a permit to engage in an activity described in this section, which contains all the information required under Subsection D(2)(a) through (f) above, the Zoning Administrator shall consider the application complete. If the Zoning Administrator does not believe the application complete, the Zoning Administrator shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(3) Referral to Plan Commission.

(a) If the application is complete as determined by the Zoning Administrator, the matter shall be referred to the Plan Commission for its review.

(b) Within 90 days of its receipt of a complete application, the Plan Commission shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Plan Commission may agree in writing to an extension of the ninety-day period:

[1] Review the application to determine whether it complies with all applicable aspects of the Village's Building Code and, subject to the limitations in this section, zoning ordinances.

[2] Make a final decision whether to approve or deny the application.

[3] Notify the applicant, in writing, of its final decision.

[4] If the decision is to deny application, include with the written notification substantial evidence that supports the decision.

(c) The Plan Commission may deny an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection D(2)(f).

(d) If an applicant provides the Plan Commission with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the Plan Commission provides the applicant with substantial evidence that the engineering certification is flawed.

(e) The fee for the permit shall be set by the Village Board and shall comply with Wis. Stats. § 66.0404(4)(d)2, i.e., it shall not exceed $3,000.

(4) Surety. A performance bond shall be required in the amount of $20,000 prior to the issuance of a permit under this section to insure that the requirements of this chapter are maintained by the permittee.

E. Co-location on existing support structures (class 2 co-location).

(1) A permit is required for a class 2 co-location. A class 2 co-location is a permitted use but still requires the issuance of a permit.

(2) Applications for a permit shall be provided by the Village Clerk. Applications shall be made and filed with the Zoning Administrator and shall include the following information:

(a) Name and business address and contact information for the applicant.

(b) Location of the proposed or affected support structure.

(c) The location of the proposed mobile service facility.

(3) A class 2 co-location is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.

(4) If an applicant submits an application to the Zoning Administrator for a permit to engage in a class 2 co-location and the application contains all of the information required by Subsection E(2), the Zoning Administrator shall consider the application complete. If the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(5) Within 45 days of its receipt of a complete application, the Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator may agree in writing to an extension of the forty-five-day period:

(a) Make a final decision whether to approve or deny the application.

(b) Notify the applicant, in writing, of the final decision.

(c) If the application is approved, issue the applicant the relevant permit.

(d) If the decision is to deny the application, include with the written notification substantial evidence that supports the decision.

(6) The fee for the permit shall be established by the Village Board and set forth in the Fee Schedule and shall comply with Wis. Stats. s. 66.0404(4)(d)1.

(7) Surety. A performance bond may be required in an amount no greater than $20,000 prior to the issuance of a permit under this section to insure that the requirements of this chapter are maintained by the permittee.

F. No mobile service support structure or co-location is allowed on Village property without the authorization of the Village Board.