Village of Tigerton, WI Supplementary Regulations

General.

Accessory buildings and uses shall be compatible with, and incidental to, the principal building or use and shall not be established prior to establishment of the principal building or use.

(2)

When a principal use requires a conditional use permit, any accessory use to such principal use shall also require a conditional use permit.

(3)

Accessory uses shall not include the keeping, propagation or culture of poultry (except racing, homing and show pigeons, which are permitted as accessory uses in all districts), rabbits, bees, livestock or other nonhousehold animals, whether or not for profit.

(4)

For the purpose of providing fire separation, a detached accessory building shall:

(a)

Be no less than five feet from the nearest principal building.

(b)

Be not more than one story or 22 feet in height, whichever is less.

(c)

Be located no less than three feet from any rear or interior side lot line.

(d)

Cover a ground area no larger than that covered by the principal building or 704 square feet, whichever is less. Also, the width of a detached garage shall not exceed more than 1/2 of the lot width or 35 feet, whichever is greater.

(e)

One additional utility building not to exceed 100 square feet shall be permitted.

(5)

Garages attached to the principal building shall:

(a)

Be no higher than the principal building, one story or 22 feet, whichever is less.

(b)

Comply with the yard requirements applicable to the principal building.

(c)

No larger than 50% of the square footage covered by the principal building or 704 square feet, whichever is less. Also, the width of a detached garage shall not exceed more than half of the lot width or 35 feet, whichever is greater.

(d)

One additional utility building not to exceed 100 square feet shall be permitted.

(6)

The following accessory buildings and uses are permitted and may be obstructions in yards and courts, as follows:

KEY:

F = Denotes front yards and side yards adjoining streets

S = Denotes interior side yards

R = Denotes rear yards

C = Denotes open courts


Awnings or canopies which project not more than 25% of the width or depth of a yard or not more than 3 feet into a court	F	S	R	C
Arbors or trellises, detached			R	C
Arbors or trellises, attached	F	S	R	C
Air-conditioning equipment, subject to the provisions of this chapter
Residential districts	F	S	R
Nonresidential districts			R	C
Balconies up to 3 feet	F	S	R	C
Bay windows projecting not more than 3 feet into a front yard and not more than 2 feet into a side yard or court	F	S	R	C
Chimneys projecting not more than 2 feet into a yard or court	F	S	R	C
Eaves and gutters projecting not more than 4 feet into a front and rear yard and not more than 2 feet into a side yard or court	F	S	R	C
Fallout shelters, attached or detached			R
Fences, open
Residential districts:
2 1/2 feet, maximum height within the vision clearance triangle	F
4 feet, maximum height	F
6 feet, maximum height		S	R
10 feet, maximum height adjacent to nonresidential uses or districts		S	R
10 feet, maximum height adjacent to permitted nonresidential uses	F	S	R
Schools in any district, unlimited height	F	S	R
Nonresidential districts:		S	R
10 feet, maximum height		S	R
When fences of a height over 7 1/2 feet are permitted, barbed wire may be used at a point on the fence where such barbed wire is 7 1/2 feet above surrounding grade. In no case shall the barbed wire increase the height of the fence beyond the maximum height permitted, and in no case shall the barbed wire be placed so that it overhangs any lot line, sidewalk, street or alley.	F	S	R	C
Fences, solid
Residential districts:
6 feet, maximum height		S	R
10 feet, maximum height adjacent to nonresidential use or district to within 15 feet of the front lot line	F	S	R
Nonresidential districts
6 feet, maximum height when used to screen permitted parking areas as required by this chapter	F
10 feet, maximum height		S	R
10 feet, maximum height when used to screen permitted open storage areas	F	S	R
Where fences of a height over 7 1/2 feet are permitted, barbed wire may be used at a point on the fence where such barbed wire is 7 1/2 feet above surrounding grade. In no case shall the barbed wire increase the height of the fence beyond the maximum height permitted, and in no case shall the barbed wire be placed so that it overhangs any lot line, sidewalk, street or alley	F	S	R	C
Fire escapes, open or enclosed, or fire towers projecting into a front yard or side yard adjoining a street not more than 5 feet, into an interior side yard or court not more than 3 1/2 feet	F	S	R	C
Flagpoles	F	S	R	C
Garages or carports, detached		S	R
Growing of garden crops in the open	F	S	R
Lawn furniture, such as benches, sun dials, bird baths and similar architectural features	F	S	R	C
Open off-street loading spaces		S	R
Open off-street parking space
For one-family dwelling units when such space is located no less than 5 feet from any street right-of-way line and 2 feet from a side or rear lot line and driveway thereto is no wider than 20 feet	F	S	R
For two-family and multiple-family dwelling units when located not less than 5 feet from any lot line and no parking shall be permitted in any front yard; driveways to such parking shall be no wider than 24 feet	F	S	R	C
For business uses when located no less than 5 feet from any lot line and when the provisions of this chapter have been complied with. No parking in front yards, except on unsurfaced portions of the front yard, shall be permitted	F	S	R
Ornamental light standards	F	S	R	C
Playground and laundry-drying equipment		S	R	C
Playhouses and open-sided summer houses		S	R	C
Sheds and storage buildings for garden equipment and household items accessory to the pursuit of agriculture		S	R
Solar energy equipment		S	R	C
Sills, belt courses, cornices and ornamental features of the principal building, projecting not more than 18 inches into a yard or court	F	S	R	C
Steps, open - necessary for access to and from the dwelling or an accessory building, steps as access to the lot from the street, and in gardens or terraces, provided there are no more than 8 steps for access to and from a principal or accessory building	F	S	R	C
Swimming pools, private - when conforming also with other codes or ordinances			R
Television aerial and antenna when not in a yard facing a public street		S	R	C
Temporary buildings and fences for construction purposes for a period not to exceed such construction and in accordance with plans approved by the Building Inspector	F	S	R	C
Terraces, patios and outdoor fireplaces		S	R
Tennis courts, private			R
Windmills as an alternative source of energy when in compliance with applicable performance standards and when located so that, in the event of collapse, they will not fall on an adjacent property or public right-of-way or open space		S	R

(7)

Accessory buildings and uses not included in the listing as set forth above or specifically permitted by other provisions of this chapter shall not be permitted in required yards and courts.

Outside storage - general. No manure, rubbish, inoperable vehicles, salvage material or miscellaneous refuse may be stored within any residential district when the same may be construed as a menace to the public health or safety or may be held to have a depressing influence upon property values in the area.

Outside storage of firewood.

(1)

No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 15 days from the date of its delivery.

(2)

Firewood should be raised off the ground and neatly stacked not closer than one foot to any lot line and not higher than four feet from grade.

(3)

All brush, debris and refuse from processing of firewood shall be disposed of within seven days and shall not be allowed to remain on the premises.

(4)

Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this chapter.

(5)

Not more than 10% of the side or rear yard may be used for storage of firewood at any given time.

(6)

Firewood may not be stored in any area determined to lie within the boundaries of a designated floodplain.

Fences and hedges.

(1)

For the purpose of this section, the term "fence" shall include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(2)

Permit required.

(a)

No fence, except for plantings, shall hereafter be built, enlarged or altered within the Village unless a permit therefor is first obtained by the owner or his agent from the Building Inspector. A sketch or design of the proposed fence shall be submitted to the Building Inspector for approval before construction begins.

(b)

No repairs or replacements exceeding 10% of existing nonconforming fences shall be made without obtaining a permit.

(3)

General provisions. Fences, walls and other similar structures anchored to the ground shall be considered permanent structures and shall be subject to the following:

(a)

Any such structures not exceeding six feet in height may be permitted anywhere on the lot, except in the established setback area. In setback areas, no such structures shall be higher than three feet; provided that such structure is open to vision 75% or more and does not exceed six feet in height, it may be permitted. In vision setback areas on corner lots, no structure of any kind shall exceed a height of 2 1/2 feet above the elevation of the intersection, provided there shall be clear vision through all structures so located, except for necessary highway and traffic signs, public utility lines and the like, nor shall any natural growth be permitted which obscures safe vision of the approaches to the intersection.

(b)

Such structures may exceed six feet in height, provided they conform to the height, offset and setback requirements of the district in which located.

(c)

On lots with double frontage, such structures shall conform to the setback requirements for both streets, provided that on double-frontage lots where one street is officially designated "no access" or on lots abutting railroad right-of-way a six-foot fence or wall shall be permitted on the property line.

(d)

Retaining walls may be permitted anywhere on the lot except in the vision setback area on corner lots, provided no individual wall shall exceed three feet in height and a horizontal terrace at least three feet wide shall be provided between any series of such walls, and provided that along a street frontage no such wall shall be closer than three feet to the setback line.

(4)

Security fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(5)

Prohibited fences. No fence shall be constructed which is in a dangerous condition or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 7 1/2 feet above the ground and project toward the fenced property and away from any public area.

(6)

Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(7)

Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.

Swimming pools.

(1)

Scope. This section shall apply to all new, remodeled, altered and relocated private swimming pools in the Village, except that the protective enclosure requirements shall be retroactive to all existing swimming pools.

(2)

Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches, and which are so constructed that they may be readily disassembled for storage and reassembled to their original integrity, are exempt from the provisions of this section.

(3)

Permit required. A building permit is required for the installation, alteration or addition of a swimming pool. A building permit shall be applied for and obtained prior to the installation, alteration or addition of any private residential swimming pool. The application for a permit shall be accompanied by a plot plan drawing of the premises upon which the proposed pool is to be installed. The plot plan shall show the size and shape of the lot, location and size of buildings, structures and fences existing or proposed and any other information affecting the premises. The plot plan shall be accurate and dimensioned. Plumbing and electrical permits are required for applicable installations for the operation of the swimming pool. Plumbing installations for the operation of a swimming pool are required to be done in compliance with the State Plumbing Code under a plumbing permit. Electrical installations made for the operation of the swimming pool are required to be done in compliance with the Wisconsin Electrical Code, Ch. SPS 316, Wis. Adm. Code, under an electrical permit.

(4)

Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction as provided for in Subsection G(3) unless the following construction requirements are observed:

(a)

All materials and methods used in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all ordinances of the Village now in effect or hereafter enacted.

(b)

All plumbing work shall be in accordance with all applicable ordinances of the Village and state codes. Every private or residential swimming pool shall be provided with a suitable draining method and in no case shall waters from any pool be drained into the sanitary sewer system or onto lands of other property owners adjacent to that on which the pool is located.

(c)

All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool, shall be in conformance with the state laws and Village ordinances regulating electrical installations.

(5)

Setbacks and other requirements.

(a)

Private swimming pools shall be erected or constructed on rear yards only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(b)

The swimming pool, any pool accessory building structure and any pool equipment or structure shall not exceed 15% of the total lot area of the lot on which it is located. No part of the swimming pool, pool accessory structure or pool equipment or structure shall be closer than three feet to any side lot line or rear lot line or closer to the street than the front setback line of the main building. However, if it is located on the side yard closer to the street property line than the rear wall of the main building, it shall not be closer than six feet to the side lot line.

(6)

Fence.

(a)

All private residential swimming pools, whether in-ground or aboveground types, shall be enclosed with an adequate and secure fence at least 48 inches high above adjoining grade to prevent straying into the pool area. Fence requirements as set forth in Subsection F of this section shall apply. Required fences shall be constructed to prohibit the passage of a six-inch sphere between fence members. Any gate installed shall be provided with self-closing and self-latching devices which shall be on the inside of the gate at least 30 inches above ground level. A pool dome or pool-top fencing attached to the pool to extend at least 48 inches above the ground or a pool cover capable of supporting 100 pounds per square foot of area are acceptable substitutes for fencing. Pool covers shall be fixed securely in place at all times when the pool is not supervised by a responsible person.

(b)

Above-grade pools with walls that are at least 48 inches high at all points around said pool or have platforms and railings that are 48 inches or more in height above grade are not required to be enclosed as provided in Subsection G(6)(a) above, but the ladders and stairways providing access to said pool shall be adequately secured to prevent entry whenever the pool is not in use.

(7)

Compliance. All swimming pools existing at the time of passage of this chapter not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool.

(8)

Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Building Inspector. In all cases where a private swimming pool is to be constructed on premises served by a private sewage disposal system, approval of the State Department of Health Services shall be necessary before the construction of any such pool may commence.

(9)

Filter system required. All private swimming pools within the meaning of this chapter must have some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

(10)

Dirt bottoms prohibited. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

(11)

Lighting. Any area lighting for swimming pools shall be shielded to prevent the lighting of neighboring properties.

Antennas. Antennas may be installed, erected and maintained within all zoning districts pursuant to the provisions of this section. Unless allowed as a principal land use in a zoning district, the use of such equipment shall be incidental to the permitted land use.

(1)

Purpose. It is the intent of this chapter to strike a balance between the federal interest in promoting amateur operations and the legitimate interest of the Village of Tigerton in regulating local zoning; to permit antennas without creating adverse aesthetic impacts, particularly in residential neighborhoods, by specifying the number, location and size of antennas; to protect the health, safety and general welfare of the community through the issuance of a building permit to assure installation as recommended by the antenna manufacturer; to preserve the rights of property owners by confining appurtenant equipment within the boundaries of the property on which the antenna is located; to protect the integrity of public utility installations by prohibiting the installation of appurtenant equipment within easements so reserved for the public benefit.

(2)

Permit required.

(a)

No radio or television antenna shall be installed unless a permit is first obtained by the owner or his agent from the Zoning Administrator. The owner shall provide a drawing(s) which illustrates the proposed method of installation, the manufacturer's specifications (if any), and a site plan which depicts the location of the proposed antenna, any existing antenna, property lines and all buildings. If construction of the antenna is not completed prior to occupancy, a separate permit is required.

(b)

Existing antennas may be taken down for repair or replacement (if the new system complies with the regulations of this chapter), if reinstallation is completed within 60 days. A permit shall be required for the reinstallation, but no fee shall be charged for the permit.

(3)

Equipment installation. Antennas shall be installed pursuant to the manufacturer's specifications. The combined windload area of an antenna shall not exceed the manufacturer's recommendations.

(a)

Residential zoning districts.

[1]

Number of antennas:

[a]

Single-family residence. One roof-mounted antenna per building and one detached antenna per lot.

[b]

Two-family residence. One roof-mounted antenna and one detached antenna per dwelling unit.

[c]

All other dwellings. One roof-mounted antenna and one detached antenna per building.

[2]

Height restrictions.

[a]

Roof-mounted antenna. Maximum 30 feet, measured from the highest peak of the roof.

[b]

Detached antenna. Maximum 70 feet, measured from finished grade.

[3]

Detached antenna siting. Detached antennas may be erected only within a side or rear yard.

(b)

All other zoning districts. The installation of antennas shall be in accord with applicable development regulations set forth in this chapter for such zoning districts.

(4)

Appurtenant equipment.

(a)

No part of an antenna array shall extend beyond any property boundary.

(b)

Buried radials shall not encroach into a utility easement.

(c)

Guy wires shall not be anchored within a front yard and shall be installed in such a manner as to protect the public safety and to minimize the visual impact on surrounding properties and from public streets.

(5)

Prohibited signs or devices. The attachment of any flag, decorative or commercial sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving device to an antenna is prohibited. This regulation does not include weather devices nor stationary seasonal decorations which are displayed for less than 45 days.

(6)

Variances and exceptions. A permit for any proposed antenna not conforming to the requirements of this chapter may be granted with the approval of the Zoning Board of Appeals pursuant to § 585-22 of this chapter. When considering a permit, the Zoning Board of Appeals shall strike a balance between the federal interest in promoting amateur operations as stated by the Federal Communications Commission in its declaratory ruling entitled PRB-1 and the legitimate interest of the Village in regulating local zoning and strive to make a reasonable accommodation between those two interests. The Zoning Board of Appeals shall also explore alternatives to a blanket denial of a permit by means of seeking a compromise, whenever possible, with the amateur operator and the local zoning authority. The Zoning Board of Appeals shall deny a request for a variance only in cases where it makes a specific finding that this chapter constitutes the minimum practicable regulation necessary to protect the health, safety and welfare of the public and to avoid creating adverse aesthetic impacts on the neighborhood.

(7)

Existing antennas grandfathered. All antenna that exist at the time of adoption of this chapter shall be considered to be grandfathered in and, therefore, not subject to the regulations of this chapter. Such existing systems may be taken down for repair if set up again within a one-year period but may not be replaced by a similar noncomplying system without approval of the Zoning Board of Appeals. A permit shall be required for the reinstallation, but no fee shall be charged for the permit.

§ 585-15 Broadcast tower siting.

Definitions.

(1)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

ALTERNATIVE TOWER STRUCTURE

Man-made structures such as elevated tanks, electric utility transmission line towers, nonresidential buildings and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. Freestanding signs are not considered to be alternative tower structures.

ANTENNA

Any exterior apparatus designed for radio or television communications through the sending and/or receiving of electromagnetic waves.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

GOVERNING AUTHORITY

The governing authority of the Village.

HEIGHT

When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, alternative tower structures and the like but does not include mobile towers covered in § 585-16 of this chapter.

(2)

The definitions contained within § 66.0406(1), Wis. Stats., and as from time to time amended, are hereby incorporated into this chapter as if fully set forth herein.

Public health and safety objectives.

(1)

The purpose of this section is to establish general guidelines for the siting of towers and antennas. The public health and safety objectives of this section are to:

(a)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the Village;

(b)

Strongly encourage the joint use of new and existing tower sites;

(c)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the Village is minimal;

(d)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

(e)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

(2)

Pursuant to § 66.0406(2), Wis. Stats., this section reflects the minimum practical regulation that is necessary to accomplish the Village objectives. Furthermore, this section shall reasonably accommodate radio broadcast services and does not prohibit or have the effect of prohibiting such services in the Village.

Aesthetics and lighting. The guidelines set forth in this section shall govern the location of all towers and the installation of all antennas:

(1)

Towers shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(2)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure, so as to make the antenna and related equipment as visually unobtrusive as possible.

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting, alternatives and approve the design that would cause the least disturbance to the surrounding views.

(5)

Towers and antennas shall not be used for displaying any advertising. If FCC rules require that the owner's name be shown on the tower or antenna, it shall be posted no more than six feet above the ground on a placard no larger than 1 1/2 square feet.

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna by the governing authority at the expense of the tower or antenna owner, or at the expense of the property owner in the case where the owner of the tower or antenna is leasing the property upon which the tower or antenna is installed.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state and local building codes and the applicable standards for towers that are published by the Electronic Industries Alliance, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within 30 days, the governing authority may remove such tower at the expense of the tower or antenna owner, or at the expense of the property owner in the case where the owner of the tower or antenna is leasing the property upon which the tower or antenna is installed.

Height limitations. The requirements set forth in this section shall govern the location of towers that exceed, and antennas that are installed at, a height in excess of the height limitations specified for each zoning district.

Public property. Antennas located on property owned, leased, or otherwise controlled by the governing authority shall be exempt from the requirements of this article, provided a license or lease authorizing such antenna or tower has been approved by the governing authority.

Amateur radio, receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or used exclusively as a receive-only antenna.

Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance from which this section is derived shall not be required to meet the requirements of this section. Any such towers or antennas shall be referred to in this article as a preexisting tower or a preexisting antenna.

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within 90 days, the governing authority may remove such antenna or tower at the expense of the tower or antenna owner, or at the expense of the property owner in the case where the owner of the tower or antenna is leasing the property upon which the tower or antenna is installed. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses and shall require a zoning permit. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use of a structure.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Village an inventory of its existing towers that are either within the jurisdiction of the Village or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Village may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Village; however, the Village is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Permitted uses:

(1)

Generally. The uses listed in this section are deemed to be permitted uses and shall not require a zoning permit. Nevertheless, all such uses shall comply with this section and all other applicable provisions.

(2)

Specific permitted uses. The following uses are specifically permitted:

(a)

Installing an antenna on an existing alternative tower structure, so long as the additional antenna adds no more than 20 feet to the height of the existing structure; and

(b)

Installing an antenna on an existing tower of any height, including a preexisting tower and further including the placement of additional buildings or other supporting equipment used in connection with the antenna, so long as the addition of the antenna adds no more than 20 feet to the height of the existing tower.

Zoning permits:

(1)

Generally. The following provisions, in addition to § 585-15 of this chapter, shall govern zoning permits:

(a)

If the tower or antenna is not a permitted use, then a zoning permit shall be required prior to construction of any tower or the placement of any antenna.

(b)

Towers and antennas may only be located in nonresidential-type zoning districts.

(c)

If a zoning permit is granted, the Village may impose conditions to the extent that the Village concludes such conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.

(d)

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

(2)

Information required. Each applicant requesting a special exception permit under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this section.

(3)

Factors considered in granting zoning permits. The governing authority shall consider the following factors in determining whether to issue a zoning permit, although the Village may waive or reduce the burden on the applicant of one or more of these criteria if the Village concludes that the goals of this chapter are better served thereby:

(a)

Height of the proposed tower.

(b)

Capacity of the tower structure for additional antenna equipment to accommodate expansion or to allow for co-location of another provider's equipment.

(c)

Proximity of the tower to residential structures and residential district boundaries.

(d)

Nature of uses on adjacent and nearby properties.

(e)

Surrounding topography.

(f)

Surrounding tree coverage and foliage.

(g)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

(h)

Proposed ingress and egress.

(i)

Availability of suitable existing towers and other structures.

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Village that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

The fees, costs or contractual provisions required by the owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

Setbacks and fall zone requirements. The following setbacks and fall zone requirements shall apply to all towers and antennas for which a zoning permit is required:

(1)

Towers must be set back a distance at least equal to the height of the tower from any off-site residential structure or any parcel of land zoned as a residential-type zoning district.

(2)

Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements.

(3)

Road setbacks:

	Class A Highway (state and federal highway) (feet)	Class B Highway (county highway) (feet)	Class C Highway (Village road, public right-of-way) (feet)
From right-of-way	50	42	30
From center line	110	83	63

(a)

Distance to use is the greater of the distances from road right-of-way or center line.

(b)

Private easement roads and railroads serving more than one residence or parcel, or from a railroad right-of-way, shall be 30 feet from the described easement or right-of-way. In the case of an easement that does not have a legal description, the setback shall be 30 feet from the nearest point on the edge of the traveled way.

(4)

Vision clearance triangle, see § 585-17A.

Denial of placement, construction or modification of facilities. If the Village denies a request by any person to place, construct or modify a broadcast tower, the denial shall be based only on the Village's public health or safety concerns. The Village shall provide the requester with a written denial and shall provide the requester with substantial written evidence which supports the reasons for the Village's action.

§ 585-16 Mobile tower siting.

Purpose. The purpose of this section is to regulate by zoning permit:

(1)

The siting and construction of any new mobile service support structure and facilities;

(2)

With regard to a Class 1 co-location, the substantial modification of an existing support structure and mobile service facilities; and

(3)

With regard to a Class 2 co-location, co-location on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

Authority. The Village has the specific authority under §§ 62.23 and 66.0404 Wis. Stats., to adopt and enforce this section.

Definitions. The definitions contained within § 66.0404(1), Wis. Stats., and as from time to time amended, are hereby incorporated into this section as if fully set forth herein.

Siting and construction of any new mobile service support structure and facilities.

(1)

Application process.

(a)

A Village zoning permit is required for the siting and construction of any new mobile service support structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the Village obtainable with this permit.

(b)

A written permit application must be completed by any applicant and submitted to the Village. The application must contain the following information:

[1]

The name and business address of, and the contact individual for, the applicant.

[2]

The location of the proposed or affected support structure.

[3]

The location of the proposed mobile service facility.

(c)

If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications 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.

(d)

If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and 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.

(e)

If an 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 an individual who has responsibility over the placement of the mobile service support structure attesting that the co-location within the applicant's search ring would not result in the same mobile service functionality, coverage and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

(f)

A permit application will be provided by the Village upon request to any applicant.

(g)

If an applicant submits to the Village an application for a permit to engage in an activity described in this section, which contains all of the information required under this section, the Village shall consider the application complete. If the Village does not believe that the application is complete, the Village 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.

(h)

Within 90 days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village 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 political subdivision's building code and, subject to the limitations in this section, zoning ordinances.

[2]

Make a final decision whether to approve or disapprove the application.

[3]

Notify the applicant, in writing, of its final decision.

[4]

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(i)

(j)

If an applicant provides the Village 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 Village provides the applicant with substantial evidence that the engineering certification is flawed.

(k)

The fee for the permit is $3,000.

Class 1 co-location.

(1)

Application process.

(a)

A Village zoning permit is required for a Class 1 co-location. A Class 1 co-location is a conditional use in the Village obtainable with this permit.

(b)

A written permit application must be completed by any applicant and submitted to the Village. The application must contain the following information:

[1]

The name and business address of, and the contact individual for, the applicant.

[2]

The location of the proposed or affected support structure.

[3]

The location of the proposed mobile service facility.

[4]

If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications 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.

[5]

[6]

If an 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 an 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 infeasible; or is economically burdensome to the mobile service provider.

(c)

A permit application will be provided by the Village upon request to any applicant.

(d)

(e)

[1]

Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances.

[2]

Make a final decision whether to approve or disapprove the application.

[3]

Notify the applicant, in writing, of its final decision.

[4]

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(f)

The Village may disapprove 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 E(1)(b)[6]. If an applicant provides the Village 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 Village provides the applicant with substantial evidence that the engineering certification is flawed.

(g)

The fee for the permit is $3,000.

Class 2 co-location.

(1)

Application process.

(a)

A Village zoning permit is required for a Class 2 co-location. A Class 2 co-location is a permitted use in the Village but still requires the issuance of the Village permit.

(b)

A written permit application must be completed by any applicant and submitted to the Village. The application must contain the following information:

[1]

The name and business address of, and the contact individual for, the applicant.

[2]

The location of the proposed or affected support structure.

[3]

The location of the proposed mobile service facility.

(c)

A permit application will be provided by the Village upon request to any applicant.

(d)

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.

(e)

If an applicant submits to the Village an application for a permit to engage in an activity described in this section, which contains all of the information required under this section, the Village shall consider the application complete. If any of the required information is not in the application, the Village 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.

(f)

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

[1]

Make a final decision whether to approve or disapprove the application.

[2]

Notify the applicant, in writing, of its final decision.

[3]

If the application is approved, issue the applicant the relevant permit.

[4]

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(g)

The fee for the permit is $500.

Setbacks and fall zone requirements. The following setbacks and fall zone requirements shall apply to all mobile towers for which a permit is required:

(1)

Mobile towers must be set back a distance at least equal to the height of the tower from any off-site residential structure or any parcel of land zoned as a residential-type zoning district.

(2)

Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements.

(3)

Road setbacks:

	Class A Highway (state and federal highway) (feet)	Class B Highway (county highway) (feet)	Class C Highway (Village road, public right-of-way) (feet)
From right-of-way	50	42	30
From center line	110	83	63

(a)

Distance to use is the greater of the distances from road right-of-way or center line.

(b)

(4)

Vision clearance triangle, see § 585-17A.

§ 585-17 Traffic visibility, parking, and loading.

Vision clearance triangle.

(1)

At all street intersections where there is no traffic light control, no fence, wall, parking, vegetation, hedge, planting or structure shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of 2 1/2 feet and 10 feet above the grade of the sidewalk adjacent to the intersecting streets in the area bounded by the street lines of such corner lots and a line joining the points along said street lines 20 feet from the point of intersection.

(2)

Allowable obstacles in the vision clearance triangle are: utility and streetlight poles when no safer alternative is available; trees with growth characteristics which develop no significant foliage which would obstruct view in the clearance area; official signs and signals; signs in accordance with § 585-18; and on-street parking when traffic controls exist which permit decreased sight lines.

Highway access.

(1)

No direct private access shall be permitted to the existing or proposed right-of-way of any controlled access arterial street without permission of the highway agency that has access control jurisdiction. No driveway openings shall be permitted within 100 feet of the intersection of an arterial street right-of-way line.

(2)

Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the above-specified streets or highways.

General parking and loading regulations.

(1)

Scope of regulations. The off-street parking and off-street loading provisions of this chapter shall apply as follows:

(a)

Accessory off-street parking and off-street loading facilities shall be provided as required by the regulations of this section for all buildings and structures. However, where a building permit has been issued prior to the effective date of this section, and provided that construction is begun within six months of such effective date and diligently pursued to completion, parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any additional amounts that may be required by this section.

(b)

When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement, such additional parking and loading facilities as required by this section shall also be provided.

(c)

Whenever the existing use of a building or structure shall hereafter be changed to a new use which requires more off-street parking or loading than would have previously been required, additional parking and loading shall be provided in an amount equal to the difference between the uses.

(d)

Except as provided in Subsection C(1)(c) above, if a building or structure was erected prior to the effective date of this chapter, additional parking or loading facilities are mandatory only in the event the floor area of the building or structure is increased and then only to the extent required by such added floor area.

(2)

Existing parking facilities. Off-street parking facilities in existence on the effective date of this chapter and located on the same lot as the building or use served shall not hereafter be reduced below the requirements for a similar new building or use under the provisions of this section.

(3)

Permissive parking and loading facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking and loading facilities to serve any use of the land or buildings, provided that all regulations herein governing the design and operation of such facilities are observed.

(4)

Damage or destruction. When a building or use which is nonconforming in terms of the parking and loading requirements of this section is destroyed or damaged by any cause, restoration or reconstruction of such building or use shall include sufficient off-street parking and loading to bring it into compliance with this section.

(5)

Control of off-site parking facilities. Where all or part of required parking facilities are to be provided on private land other than the lot on which the building or use to be served is located, the Zoning Administrator shall approve the use of such off-site parking only when written assurance is made that the private off-site parking will continue to be available to the building or use it is intended to serve.

Off-street parking.

(1)

Required spaces. The minimum number of off-street parking spaces required for land uses or activities permitted by this chapter shall be as set forth in the Schedule of Minimum Off-Street Parking Requirements which is hereby adopted and made a part of this chapter. Notwithstanding the above, in the B-1 District off-street parking space shall not be required, except for buildings containing dwelling units or lodging rooms hereafter erected, enlarged or structurally altered or converted.

(2)

Use. Off-street parking facilities provided in accordance with the requirements of the Schedule of Minimum Off-Street Parking Requirements shall be used solely for the parking of automobiles of patrons, occupants or employees.

(3)

Exemption. When application of the provisions of Schedule of Minimum Off-Street Parking Requirements in Subsection F below results in a requirement of three or less spaces on a single lot in B-1 Districts, such parking spaces need not be provided if approved by the Zoning Board of Appeals. However, where two or more uses are located on a single lot, only one of these uses shall be eligible for the above exemption. This parking exemption shall not apply to dwelling units in commercial zones.

(4)

Combined facilities. Off-street parking facilities for separate uses may be combined if the total number of spaces provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing location of the side parking spaces in relation to the use served are adhered to.

(5)

Area and access. Each required off-street parking space shall have a size of not less than nine feet by 18 feet, exclusive of access drives or aisles, and shall be provided with appropriate means of vehicular access to a street or alley. Up to 25% of the required parking spaces may be sized for small cars with a size of eight feet by 16 feet. Off-street parking shall include handicapped parking spaces per state code.

(6)

Yards. Off-street parking spaces open to the sky may be located in a yard, except that:

(a)

In residential districts, drives shall be no wider than 20 feet in single-family districts and 24 feet in multifamily districts. No parking shall be permitted in any front yard.

(b)

In a B-1 District, no parking shall be permitted in any required front yard but access drives in a front yard are permitted.

(c)

In a B-1 District, no parking shall be permitted closer than five feet from any street right-of-way line.

(7)

Design and maintenance.

(a)

Surfacing. After January 1, 1997, all off-street parking areas that have entrances and/or exits from an improved street shall be provided with a compacted base at least four inches thick and surfaced with a hard-surfaced, all-weather, dustless material.

(b)

Screening and landscaping. Off-street parking areas shall be screened on all sides except when a side of rear yard abuts another parking lot. Screening shall consist of a dense hedge not less than five feet high, planted in a buffer strip a minimum of five feet wide. When a side or rear yard abuts another parking lot, the five-foot strip shall contain trees a maximum of 40 feet apart. Any parking area accommodating more than 60 vehicles shall provide landscape islands containing trees and shrubs at the beginning and end of each row. Any double row having more than 50 cars or a single row having more than 25 cars shall be broken up by a planting island containing two trees for a double row or one tree for a single row. Islands shall be the approximate size of a parking stall per tree, curbed or railroad tied, and trees shall be a minimum one-and-one-half-inch caliper.

(c)

Wheelstops. Wheelstops of masonry, steel or timber or similar stopping device shall be used to prevent vehicles from parking closer to a street line than permitted by this chapter.

(d)

Lighting. Illumination of an off-street parking area shall be 0.5 watts per square foot maximum and arranged so as not to reflect direct rays of light into adjacent residential districts and streets.

(e)

Repair and service. No motor vehicle repair work of any kind shall be permitted in any required off-street parking area. No gasoline or motor oil shall be sold in conjunction with any off-street parking area or facility, unless such operation has been designed to be part of said area or facility and the site plan has been approved by the Plan Commission.

(8)

Location. All required off-street parking spaces in residential districts shall be located on the same lot as the building or use to be served. In other districts, required off-street parking spaces may be provided in a private or public parking facility located within 500 feet walking distance from the building or use they are intended to serve.

(9)

Extension into adjacent districts. Other provisions of this chapter to the contrary notwithstanding, a commercial parking area located in a B-1 or B-2 District may extend into an adjacent residential district by a distance of 300 feet if a plan for such extension is approved by special use permit. The periphery of such extension shall be heavily landscaped to provide visual screening from the residential district.

Off-street loading. There shall be provided off-street loading berths of not less than the minimum requirements specified in this section in connection with any building or structure which is to be erected or enlarged and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles.

(1)

Location. All required off-street loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into a street or alley. No permitted or required loading berth shall be located less than 25 feet from the nearest point of intersection of any two streets, nor shall it be located in a required front yard or side yard adjoining a street.

(2)

Size. Unless otherwise specified in this chapter, a required off-street loading berth shall be at least 10 feet in width by at least 65 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet.

(3)

Access. Each required off-street loading berth shall be provided with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements and shall be subject to approval of the Plan Commission.

(4)

Surfacing. After January 1, 1997, all open off-street loading berths that have entrances and/or exits from an improved street shall be improved with a compacted base and asphaltic or concrete surface which complies with Wisconsin Highway Department standards and recommendations for the anticipated traffic classification subject to approval by the Plan Commission.

(5)

Repair and service. No storage or motor vehicle repair/service work of any kind shall be permitted within any required loading berth area.

(6)

Space allocation. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

(7)

Space requirements.

(a)

With the exception of the industrial district, the minimum number of off-street loading spaces required for nonresidential uses shall be: one loading space for buildings containing 10,000 to 100,000 square feet of gross floor area, plus one additional loading space for each additional 100,000 square feet of gross floor area or major fraction thereof.

(b)

Off-street loading spaces.

[1]

In the industrial district, the minimum number and size of off-street loading spaces shall be in accordance with the following schedule:

Floor Area of Establishments (square feet)	Required Number	Minimum Size (feet)	Minimum Vertical Clearance (feet)
5,000 to 25,000	1	10 x 35	12
25,000 to 50,000	2	10 x 35 each	12
50,000 to 100,000	3	12 x 50 each	15
100,000 to 150,000	4	12 x 65 each	15

[2]

For each additional 100,000 square feet of gross floor area, or major fraction thereof over 150,000, one additional loading space shall be provided. Such additional loading space shall be at least 12 feet in width by 65 feet in length and have a vertical clearance of not less than 15 feet.

Schedule of Minimum Off-Street Parking Requirements.

Land Use or Activity		Spaces Required*
Automobile service station, for each pumping island and for each service stall		1.0
Bank, for each 300 square feet of gross floor area		1.0
Beauty parlor, for each 200 square feet of gross floor area		1.0
Boardinghouse and rooming house, apartment hotel, for each structure		1.0
Bowling alley, for each land, plus for any ancillary uses such as restaurants		7.0
*Car wash, for each employee (see also note b)		0.75
Colleges, junior colleges, universities, for each 3 students, based on the design capacity of the institution		1.0
Dwelling, one- and two-family, for each dwelling unit		2.0
Dwelling, multiple-family, for each dwelling unit		2.0**
Dwelling, townhouse: for each dwelling unit		2.0
Funeral parlor, for each 100 square feet of gross floor area		1.0
Furniture and appliance sales and repair, for each 400 square feet of gross floor area, plus 1 per employee		1.0
*Gymnasium, grandstand, meeting hall and similar places of public assembly, for each 5 seats or 90 lineal inches of seating space (see also note a)		1.0
Health salon, swimming pool, skating rink, dance hall, for each 3 persons based on maximum design capacity of the facility, and for each employee		1.0
Hospital, for each bed		1.1
Hotel and motel, for each room or suite		1.0
Plus, for each lodging room or suite and each dwelling unit		1.0
Library, for each 500 square feet of gross floor area		1.0
Manufacturing, fabricating, cleaning, testing, assembling, repairing or servicing establishments, for each 800 square feet of gross floor area or for each 2 employees, whichever is greater		1.0
Medical and dental clinic, for each 50 square feet of gross floor area in any waiting or reception room		1.0
Plus for each treatment room, examination room and doctor's office		1.5
Motor vehicle sales, for each 400 square feet of gross floor area		1.0
Museum, art gallery and similar uses, for each 1,000 square feet of gross floor area		1.0
Nursing home and similar type of establishment, for each 5 beds, 2 lodging accommodations, and each full-time employee		1.0
Office, for each 300 square feet of gross floor area		1.0
Park, recreation area, community center, for each employee and spaces to serve the public as determined by the Plan Commission		0.5
Private club and lodge, for each such structure and each 5 seats based on the design seating capacity of the main meeting room		1.0
Public utility and public service, for each employee		0.5
Restaurant, bar, nightclub, for each 100 square feet of gross floor area		1.0
School - commercial or trade, music, dance or business, for each 2 employees and for each 7 students based on the design capacity of the facility		1.0
School - high, for each 7 students based on the design capacity of the facility		1.0
School - nursery, elementary or junior high, for each faculty member and full-time, nonfaculty employee		1.0
School, auditorium, church, for each 5 seats or for each 90 lineal inches of seating space in the main auditorium for assembly hall		1.0
Plus, for each treatment room, examination room and doctor's office		1.5
Theater, for each 4 seats up to 400 seats and for each 6 seats over 400		1.0
*Theater (drive in) (see also note c)		1.0
Warehouse, storage, wholesale and mail order establishment, for each establishment		4.0
Plus, for each 1,500 square feet or fraction thereof of gross floor area over 4,500 square feet or for each 2 employees, whichever is greater		1.0
All other business and commercial establishments, for each 150 square feet of gross floor area		1.0
Other uses (see also note d)		1.0

Notes for Schedule of Minimum Off-Street Parking Requirements
*	When totals indicate that a partial space is required, a full space shall be provided.
**	Enclosed garages that are not included as part of the basic apartment rent will not count toward the required spaces.
(a)	When facilities for public assembly are accessory to a school, and when approved by the Plan Commission, the required number or parking spaces may be reduced by the number of spaces provided as required herein for the applicable school.
(b)	In addition to the required parking spaces, reservoir standing space to accommodate automobiles waiting to be washed shall be provided in an amount equal to five times the number of automobiles undergoing some phase of laundering at the same time.
(c)	Reserve standing space at the theater entrance shall be provided equal to 10% of the vehicle capacity of the theater.
(d)	Parking spaces for other permitted uses not listed above shall be provided in accordance with requirements as recommended by the Plan Commission and required by the Village Board.

§ 585-18 Signs and billboards.

Intent. The purpose of this section is:

(1)

To establish the relationship between standards used in the design, erection and display of signs and public safety and the value and economic stability of property;

(2)

To enhance and protect natural beauty, aesthetic quality and neighborhood values;

(3)

To acknowledge that the reasonable display of signs is appropriate as a public service and necessary to the conduct of competitive commerce and industry; and

(4)

To set forth minimum standards regulating the design, erection and display of signs based on the use of land and intensity of development permitted in the zoning districts established by this chapter.

General provisions. The provisions contained in this section shall apply to all signs and all zoning districts, regardless of designation unless otherwise provided herein.

(1)

Permit required. Except as specified elsewhere in this section, no sign shall be erected, relocated or structurally modified until a sign permit has been issued by the Zoning Administrator after application therefor has been properly made. Written notice of any denial action shall be given by the Zoning Administrator along with a brief written statement of the reasons for denial.

(2)

Conformity. No certificate shall be issued by the Zoning Administrator for a sign on any lot unless such sign is designed, erected and displayed in conformance with the provisions set forth in this section and all other applicable provisions of this chapter.

(3)

Exceptions. The provisions of this section shall not apply to signs erected and maintained pursuant to and in discharge of any function of government or required by law, including public or quasi-public signs which are intended to welcome visitors to the Village or advertise the Village, provided that such signs are designed, erected and maintained in a manner so as to be compatible with the surrounding development.

(4)

Number of signs. The total number of signs permitted on any lot shall be as set forth in the Schedule of Requirements for Signs attached to this chapter.

(5)

Maximum size of sign.

(a)

Maximum permitted size of signs shall be as set forth in the Schedule of Requirements for Signs, except that the maximum area of any sign may be increased up to 20% when the design, location and installation of such sign is approved by the Plan Commission. Such approval may be contingent upon provisions for landscaping, simplification of design, and other considerations set forth by the Plan Commission.

(b)

Where it is determined that there is a significant grade differential between the adjacent street and site, the Plan Commission may grant up to a 30% increase in the height of freestanding signs. It shall be the intent of this chapter that height deviations do not result in signs which appear out of proportion with adjacent signs or the area in general.

(c)

Up to a 40% increase in height may be permitted by the Plan Commission where it can be conclusively documented that there is an unusual problem with grade differentials between the site and adjacent streets, not to include limited access highways.

(d)

When more than one sign of any type (ground, wall, projecting) is permitted on a single lot, as set forth in the attached schedule, the total aggregate area of all permitted signs shall not exceed the maximum permitted gross surface area as specified in the attached schedule.

(6)

Projecting wall signs. Signs affixed to a building wall shall not extend beyond the property line. Such signs shall not project from the surface to which the sign or sign structure is attached a horizontal distance greater than specified in the Schedule of Requirements for Signs, nor shall such signs extend above the building wall more than 1/5 the total height of said wall. No part of any projecting sign shall be less than 10 feet above the ground except as may be set forth in the Schedule of Requirements for Signs. Wall signs may project 12 inches from the wall of buildings, including instances when a building is set on a zero lot line.

(7)

Painted signs. Signs shall not be painted on the wall of any building with glue or mastic, except those signs normally affixed in such manner to the windows of businesses or office establishments.

(8)

Illuminated signs. Any illuminated sign or lighting device shall employ only lights emitting constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or so directed as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk, waterway or air corridor, or premises adjacent to any of these as to cause glare or reflection that may constitute a traffic hazard or nuisance.

(9)

Vision clearance triangle. On corner lot signs, when located within the vision clearance triangle, a maximum of two posts or standards not to exceed eight inches in diameter shall be so located that they shall not obscure the vision of motorists who are approaching the street intersection, and the body of the sign shall be located at least 10 feet above the grade of the intersection of the street center lines.

(10)

Roof signs. Roof signs shall not be permitted in any zoning district without a permit issued by the Plan Commission.

(11)

Removal. In any district all on-premises signs must be removed by the owner or lessee of the premises on which said signs and their pylons or other structural members are located when the business or activity identified or advertised by such signs has not been conducted for a period of six months or more. Removal shall be accomplished within 60 days from the date of mailing of a removal notice by the Zoning Administrator. If not removed by the owner or lessee within the sixty-day period such signs may be removed by the Village at the owner's expense.

(12)

Advertising sign. No off-premises advertising sign shall hereafter be erected in any part of the Village unless approved by the Plan Commission.

(13)

Open lots. Where the land use involves an open lot rather than a building and the maximum gross surface area of permitted signs is specified as a percentage of the main building facade, the maximum gross surface area permitted shall be 1/2 of that specified in the Schedule of Requirements for Signs multiplied by the width of the lot in feet, but in no case shall the area of such sign exceed the maximum size set forth in the Schedule of Requirements for Signs.

(14)

Height. No sign shall exceed the maximum specified height above the grade of the adjacent street.

(15)

Sign area. Sign area shall be calculated as follows:

(a)

For ground and wall signs: that area of the smallest rectangle or circle that can be placed over the entire sign, including all sections or modules and all lettering, pictorial matter or devices, frame and decorative moldings along its edges, and all background if of different color than the predominate color surrounding the sign, but excluding any strictly structural supports outside such rectangle or circle.

(b)

For individual letters, pictorial matter or devices not attached to a frame or freestanding: that area defined by the smallest rectangle or rectangles that can be placed over each individual word, pictorial matter or devices which can be considered as a unit.

(c)

For double-faced signs where message is the same on both sides: the area of only one entire side of the sign calculated as above.

(d)

For multiple-sided signs: the maximum area visible from any one point of view calculated as above.

(e)

For signs on other than flat surfaces: the maximum actual surface area visible from any one point of view as calculated above.

Signs permitted in all zoning districts without a sign permit. In any zoning district the following signs are permitted without obtaining a sign permit, provided that they do not encroach on any public right-of-way and that all conditions set forth in this section regarding such signs are complied with in all respects.

(1)

Real estate. One real estate sale or lease sign for each frontage street, provided such sign is located entirely on the property to which it relates. The area of such sign shall not exceed six square feet in any residential zone and 32 square feet in all other zones.

(2)

Construction. Three signs identifying a construction project and listing other pertinent information about such project are permitted, provided that there is not more than one sign per premises and that such signs does not exceed 96 square feet in area. Construction signs shall be removed immediately upon completion of the project or after a period of 18 months from the date of issuance of a zoning permit for the project, whichever may come first.

(3)

Small identification signs. Nameplates denoting the name and address of occupants of the premises when such signs do not exceed 168 square inches.

(4)

Directional and instructional. Signs which provide direction and instruction (entrance, exit, parking, etc.) and are located entirely on the property to which they relate. Such signs shall not exceed four in number, and none shall exceed three square feet in area or over four feet in height. No more than 30% of the area of any such sign shall be used to advertise a business, logo or product.

(5)

Temporary signs. Signs of a temporary nature, such as special events posters, banners and similar signs, may be erected without a permit for a period not exceeding 30 days, provided the consent of the property owner or occupant is obtained and that such signs do not overhang a public right-of-way and are not attached to fences, trees, utility poles or the like and that such signs are not illuminated or placed in such a position as may obstruct or impair vision or traffic or in any manner create a nuisance, hazard or disturbance to the health and welfare of the general public. Pursuant to Wis. Stats. § 12.04, temporary political posters may not be regulated as to size, shape, placement or content of any sign containing political message placed upon residential property during an election campaign period. All temporary signs must identify the name and address of the sponsoring person or organization which shall be responsible for their removal.

(6)

Memorial signs and plaques. Memorial signs or tablets, names of buildings and date of erection, which are cut into masonry surface or inlaid so as to be part of a building or when constructed of bronze or other noncombustible material, which is not more than four square feet in area.

(7)

Institutions. Signs customarily related to bona fide places of worship, libraries, museums, historic agencies, social clubs or societies, when such signs are not illuminated, do not exceed 25 square feet in area and are located on the premises of such institution.

(8)

Awnings. Awnings with signs consisting of one line of copy on the border and a logo or symbol on the awning proper.

Prohibited signs. Prohibited in the Village are signs which:

(1)

Contain statements, words or pictures of an obscene or pornographic nature or which contain advertising matter which is untruthful.

(2)

Operate or employ any stereopticon or photographic projection or media in conjunction with any advertisements or have visible moving parts or any portion of which moves or gives the illusion of motion.

(3)

Emit audible sound or odor or visible matter.

(4)

Purport to be or are an imitation of or resemble an official traffic sign or signal or bear the words "Stop," "Go Slow," "Caution," "Danger" or similar words.

(5)

May be confused with or construed as a traffic control sign, signal or device.

Design standards for signs requiring a sign permit.

(1)

In this chapter signs are categorized according to function, as follows:

(a)

Identification signs (on premises and related to specific land use).

(b)

Advertising signs (off-premises).

(c)

Special signs and devices.

(2)

The Schedule of Permitted Signs by District and Category and the Schedule of Requirements for Signs attached to this chapter set forth design standards which must be complied with before a zoning permit will be issued for any sign in any zoning district and the zoning districts in which signs are permitted by category.

Signs in B-2 Business District.

(1)

No signs are permitted within the B-2 District except signs which advertise the name of the establishment. Only one such sign shall be permitted for each lot, except that lots which back up to U.S. Highway 45 may also contain a sign along the highway. No sign in any front yard shall exceed a total height of eight feet above grade or a total area of 50 square feet per side. Front yard signs may be located within the front setback area. Signs located along U.S. Highway 45 shall not exceed a total height of 20 feet above grade or a total of 100 square feet per side.

(2)

Signs may be illuminated, but lights shall not project outward so as to shine towards or cause glare for persons or vehicles located off of the subject property. No flashing, blinking, moving, neon or animated signs or lights are permitted. Mobile signs are not permitted, nor is it permitted to use trucks, trailers, wagons or other objects as signs. No sign may emit smoke or other visible matter, nor may any sign emit sound.

Special signs and devices. The regulations set forth in this section shall apply to special signs and sign-like devices, as these might be appropriate in the Village. Unless such special signs and devices shall be included in Subsection C of this section, a sign permit shall be required.

(1)

New development. Signs advertising a new subdivision or residential or nonresidential development shall not exceed two in number, the total aggregate area of which shall not exceed 64 square feet. Such signs may be illuminated and, if self-supported, shall be set back at least 10 feet from any property line. New development signs shall be removed within one year following the first occupancy in the development or within three months after final occupancy of the development, whichever is sooner.

(2)

Subdivision or neighborhood name. In addition to the new development sign permitted above, a subdivision may erect one permanent sign which designates the place-name of the development or area. Such sign shall not exceed 20 square feet in area, exclusive of any masonry walls or posts associated therewith, shall not be illuminated, and shall be placed in a landscaped location. Such sign shall be at least five feet from any property line.

(3)

Streamers, pennants and similar devices. No sign or part thereof shall contain or consist of streamers, pennants, ribbons, spinners or similar waving, fluttering or revolving devices, unless such sign is temporary as provided in Subsection C of this section.

(4)

Portable or mobile sign. No illuminated portable or mobile sign shall be permitted on any premises unless authorized by the Plan Commission. Such portable or mobile signs shall not be flashing, shall be authorized only in a nonresidential district and only for a special community event. No portable or mobile sign shall remain on any premises for more than 15 days.

(5)

Marquees. Where otherwise permitted in this chapter, marquees and canopies shall be subject to review by the Plan Commission and shall be permitted only after a finding that:

(a)

The marquee or canopy is structurally safe and will not impair or endanger public safety or traffic movement; and

(b)

The marquee or canopy either:

[1]

Is accessory to a use such as a hotel, theater, restaurant, transportation terminal or large office building which by the nature of its operation is likely to have a high frequency of customers dropped off or picked up by private passenger vehicle, bus or taxi;

[2]

Is set back at least 24 inches from the vertical line of any curb face and is a minimum of 10 feet in height; and

[3]

Has received necessary air rights easements, special insurance or other requirements which may be deemed appropriate.

Construction and maintenance standards.

(1)

Construction specifications.

(a)

All ground signs shall be self-supporting and permanently attached to a foundation. For signs over eight feet in height, such foundations shall be installed below the frost line.

(b)

No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that could cause wear on supporting members.

(c)

The owner, designer or installer of a self-supporting or projecting sign must demonstrate that such sign will be constructed to withstand wind loads of at least 30 pounds per square foot of the largest exposed surface.

(2)

Maintenance.

(a)

All signs must be kept clean, in good order and repair, and free from all hazards such as faulty wiring and loose fastenings and must be maintained at all times in safe condition so as not to be detrimental to public health or safety.

(b)

If the Zoning Administrator finds that any sign regulated by this section is unsafe or insecure or is a hazard to the public, he shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected to remove or repair the said sign within 14 days from the date of such notice. If the said sign is not removed or repaired, the Building Inspector shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign, and shall assess all costs and expenses incurred in such removal or repair against the land or building on which such sign was located. The Building Inspector may cause any sign which is a source of immediate peril to person or property or any temporary sign not removed at the expiration of 30 days to be removed summarily and without notice, and the same assessment procedure shall apply.

Nonconforming signs.

(1)

Signs eligible for characterization as legal nonconforming. Any sign located within the Village limits on the date of adoption of this chapter or located in an area annexed to the Village hereafter, which does not conform with the provisions of this section, is eligible for characterization as a legal nonconforming sign and is permitted, providing it meets the following requirements:

(a)

The sign was covered by a proper sign permit prior to the date of adoption of this section.

(b)

If no permit was required under the applicable law for the sign in question and the sign was, in all respects, in compliance with applicable law on the date of adoption of this section.

(2)

Loss of legal nonconforming status. A sign loses its nonconforming status if one or more of the following occurs:

(a)

The sign is structurally altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with requirements of this section than it was before alteration;

(b)

The sign is relocated;

(c)

The sign fails to conform to the Village requirements regarding maintenance and repair, abandonment, or dangerous or defective signs.

(d)

On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this section with a new permit secured therefor or shall be removed.

(3)

Legal nonconforming sign maintenance and repair. Nothing in this section shall relieve the owner of use of a legal nonconforming sign or the owner of the property on which the sign is located from the provisions of this section regarding safety, maintenance and repair of signs.

(4)

Revocation. In the event of a violation of any of the foregoing provisions, the Zoning Administrator shall give written notice specifying the violation to the named owner of the sign and the named owner of the land on which the sign is located. The sign shall thereupon be brought into conformance by the owner or removed, within 90 days from the date of said notice. In the event the violation is not corrected within said ninety-day period, the Building Inspector may thereupon revoke the permit. Within 30 days after notice of permit revocation has been mailed, the sign shall be removed by the owner or by the Village at the owner's expense.

Variance. Regulations set forth in this section may be varied by the Zoning Board of Appeals in accordance with § 585-22 of this chapter, except that no sign shall have a gross surface area which exceeds 150% of the maximum as set forth in the attached schedule or elsewhere in this chapter.

The Schedule of Permitted Signs by District and Category of Sign is attached to this chapter.

The Schedule of Requirements for Signs is attached to this chapter.

§ 585-19 Nonconforming buildings, structures and uses.

Intent. The regulations of this section are intended to provide controls over nonconforming uses, buildings, premises, fixtures, and structures and to specify those circumstances and conditions under which those nonconforming buildings, premises, fixtures, and structures and uses may be continued or shall be discontinued when the nonconforming use ceases by discontinuance or abandonment in accordance with Wisconsin law. Nonconforming uses located within the (S) Shoreland District shall be regulated by Wis. Stats. § 61.351.

Authority to continue existing nonconforming buildings, structures and uses. The continued lawful use of a building, premises, structure or fixture existing at the time of the adoption of this chapter or any subsequent amendment may be continued only in accordance with the following regulations. A nonconforming use may not be extended.

(1)

Repairs and alterations. The total structural repairs or alteration in such a nonconforming building, premises, structure or fixture shall not during its lifetime exceed 50% of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use. Repair, maintenance, renovation or remodeling may not be prohibited or limited because of cost of a nonconforming structure which is a dwelling or other building that existed lawfully before the current ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current ordinance. Ordinary repairs, maintenance and interior alterations may be made to a nonconforming building or structure, provided that the provisions of this section are complied with. Ordinary repairs and maintenance shall be determined by the Zoning Administrator and shall include painting, repair of roof or steps, re-siding, landscaping and similar activities.

(2)

Additions and enlargements.

(a)

Except as otherwise set forth in this section, a nonconforming building or structure shall not be added to or enlarged in any manner unless such nonconforming building or structure is made to conform to the regulations of the district in which it is located.

(b)

A building or structure which is a permitted use but is nonconforming as to lot size, setback, coverage, height or parking requirements may be added to or enlarged, provided that any such addition complies with yard, height and parking requirements of this chapter.

(c)

An attached or detached garage may be constructed on a lot which contains a nonconforming dwelling unit, provided that such garage complies with the height and yard requirements for the district in which it is located.

Moving of a nonconforming building or structure. No nonconforming building or structure may be moved in whole or in part to any other location unless every portion of such building or structure and the use thereof is designed and used or intended for a use permitted in the district to which it is moved and there is conformance with all other regulations of such district.

Restoration of damaged nonconforming buildings or structures. A nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored in accordance with the provisions of Wis. Stats. § 62.23(7)(hc).

Discontinuance of use of nonconforming building or structure. When use of a nonconforming building or structure has been discontinued or abandoned for a period of 12 consecutive months, it shall not thereafter be reestablished, occupied or used except for a use which conforms to the district regulations in which it is located.

Change of use in nonconforming building or structure. The use of a nonconforming building or structure may be changed to a use permitted in the district in which the building or structure is located.

Nonconforming use of land. The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of land, may be continued, subject to the following provisions:

(1)

Such nonconforming use of land and incidental accessory buildings or structures thereon shall not be expanded, extended or enlarged to another lot or beyond the area it occupies on the effective date of this chapter or any applicable amendment thereto, except that a residential accessory building or structure may be enlarged, expanded or rebuilt on a larger area if, after such expansion, extension or enlargement, the accessory building structure clearly remains accessory to the principal use of the land and is approved by the Zoning Board of Appeals.

(2)

If such a nonconforming use of land is discontinued or abandoned for a period of 12 consecutive months, it shall not thereafter be renewed, and subsequent use of such land shall conform to the regulations of the district in which it is located.