[Added 5-3-1990 by Ord.
No. 5-3-1990; amended 7-3-1997 by Ord. No.
7-4-97; 4-5-2018 by Ord. No. 2018-101]
A. Purpose. The R District is intended to provide a quiet, pleasant
and relatively spacious living area protected from traffic hazards
and intrusion of incompatible land uses.
B. Permitted uses. The following uses of land are permitted in the R
District:
(1) Single-family dwellings and attached garages.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2) Churches and all affiliated uses, all graded schools, libraries and
hospitals, water storage facilities and related structures.
(3) Municipal buildings, except the following: sewage plants, garbage
incinerators, warehouses, garages, shops, and storage yards.
(4) Public parks, playgrounds, recreational and community center buildings
and grounds.
(5) Telephone buildings, exchanges and lines and transformer stations,
excepting service garages and storage yards, and excepting microwave
radio relay structures unless their location is approved by the Plan
Commission.
(6) Unlighted signs and bulletin boards of up to four square feet for
advertisement for a lease or sale of the premises, and eight square
feet for public or religious announcements; provided that all such
signs must be located directly on the premises involved and at least
15 feet from the nearest sidewalk or street.
(7) One attached private garage is required. Refer to Garage Ordinance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(8) Accessory buildings. Refer to Garage Ordinance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(9) Uses customarily incident to any of the above uses; provided that
no such use generates traffic or noise that would create a public
or private nuisance.
C. Conditional uses. The following are conditional uses within the R
District:
(2) Licensed nursery schools, licensed day-care centers and licensed
preschools.
(4) Uses clearly similar in character or customarily incident to any
of the above uses.
D. Area, height, yard and other requirements.
(1) Lot.
(a)
Area: minimum 8,500 square feet per family.
(b)
Width: minimum 70 feet measured at rear of front yard. (Minimum
50 feet for a lot fronting on a cul-de-sac.)
(2) Height of buildings and other structures: maximum 35 feet.
(3) Yards.
(a)
Minimum front yard setback: 25 feet.
(b)
Minimum rear yard setback: 25 feet.
(c)
Minimum side yard setback, principal building: eight feet minimum,
total 20 feet. Accessory buildings, 192 square feet or less: three
feet on each side.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(4) Area.
(a)
Minimum living floor area per family: 1,200 square feet, excluding
garage.
(b)
Minimum area of required attached garage: 576 square feet (either
dimension of which shall not be less than 22 feet).
(5) Parking.
(a)
Parking, off-street residential: 1.5 space per family.
(b)
Parking, places of public gathering: one space per five seats.
[Amended 7-3-1997 by Ord.
No. 7-4-97; 4-5-2018 by Ord. No. 2018-102]
A. Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of primarily single-family detached
dwelling units at a medium dwelling unit per acre density. It particularly
reflects older neighborhoods in the Village.
B. Permitted uses. The following uses of land are permitted in the R1
District:
(1) Single-family dwellings, excluding all mobile homes.
(2) Churches and all affiliated uses, all graded schools, libraries and
hospitals, water storage facilities and related structures.
(3) Municipal buildings, except sewage plants, garbage incinerators,
warehouses, garages, shops, and storage yards.
(4) Public parks, playgrounds, recreational and community center buildings
and grounds.
(5) Telephone buildings, exchanges and lines and transformer stations,
excepting service garages and storage yards, and excepting microwave
radio relay structures unless their location is approved by the Plan
Commission.
(6) Unlighted signs and bulletin boards of up to four square feet for advertisement for a lease or sale of the premises, and eight square feet for public or religious announcements; provided that all such signs must be located directly on the premises involved and at least 15 feet from the nearest sidewalk or street, provided that such signs and boards are in compliance with Chapter
252, Signs.
(7) One private attached garage and one detached garage which are in compliance with the specifications for garages included in §
370-2I. For dwellings newly constructed, the first garage must be attached to the dwelling; for existing dwellings, the first garage may be either attached or unattached.
(8) Accessory uses and buildings as follows:
(a)
Gardening, tool and storage sheds incidental to the residential use, per §
370-2I specifications.
(b)
Off-street parking facilities.
(9) Uses customarily incident to any of the above uses; provided that
no such use generates traffic or noise that would create a public
or private nuisance.
C. Conditional uses. The following are conditional uses within the R1
District:
(2) Utilities (electric substations, telephone switching stations, gas
regulators, etc.).
(3) Licensed nursery schools, licensed day-care centers and licensed
preschools.
(4) Uses clearly similar in character or customarily incident to any
of the above uses.
D. Area, height, yard and other requirements.
(1) Lot.
(a)
Area: minimum 8,500 square feet per family.
(b)
Width: minimum 70 feet measured at rear of front yard. (Minimum
50 feet for a lot fronting on a cul-de-sac.)
(2) Building height: maximum 35 feet.
(3) Yards.
(a)
Minimum front yard setback: 25 feet.
(b)
Minimum rear yard setback: 25 feet.
(c)
Minimum side yard setback, principal building: eight feet minimum,
total 20 feet; accessory buildings: three feet on each side.
(4) Area.
(a)
Minimum living floor area per family: 900 square feet excluding
garage.
(b)
Minimum area of required attached garage: 576 square feet (either
dimension of which shall not be less than 22 feet).
(5) Parking, off-street residential: 1.5 space per family.
[Amended 7-3-1997 by Ord.
No. 7-4-97; 4-5-2018 by Ord. No. 2018-103]
A. Purpose. The R2 District is intended to provide essentially the same
quality interchange of land uses as the R1 District, except that somewhat
higher densities are permitted.
B. Permitted uses.
(1) Same as allowed in the R1 District.
C. Conditional uses.
(1) Same as allowed in the R1 District.
(2) Charitable institutions, rest homes, private, nonprofit clubs and
lounges, funeral homes, hospitals and medical clinics.
(3) Uses clearly similar in character or customarily incident to any
of the above uses.
D. Area, height, and yard requirements.
(1) Lot.
(a)
Area, minimum.
[1]
One-family dwelling: 8,500 square feet.
[2]
Two-family dwelling: 10,000 square feet.
(b)
Width, minimum (measured at rear of front yard).
[1]
One-family dwelling: 70 feet.
[2]
Two-family dwelling: 70 feet.
[3]
Fifty feet for a lot fronting on a cul-de-sac.
(2) Building height.
(a)
Maximum building height for all structures:
[1]
One-family dwelling: 35 feet.
[2]
Two-family dwelling: 35 feet.
(3) Yards.
(a)
Minimum front yard setback.
[1]
One-family dwelling: 25 feet.
[2]
Two-family dwelling: 25 feet.
(b)
Minimum rear yard setback.
[1]
One-family dwelling: 25 feet.
[2]
Two-family dwelling: 25 feet.
(c)
Minimum side yard.
[1]
Principal structure, minimum:
[a] One-family dwelling: 8 feet, 20 feet total.
[b] Two-family dwelling: 8 feet, 20 feet total.
[2]
Accessory buildings, minimum.
[a] One-family dwelling: 3 feet on each side.
[b] Two-family dwelling: 3 feet on each side.
(4) Area.
(a)
Minimum floor area per family:
[1]
One-family dwelling: 900 square feet.
[2]
Two-family dwelling: 900 square feet per unit.
(5) Parking.
(a)
Off-street residential.
[1]
One-family dwelling: 1.5 space per family.
[2]
Two-family dwelling: 1.5 space per family.
(b)
Off-street public gathering.
[1]
One-family dwelling: 1 space per 5 seats.
[2]
Two-family dwelling: 1 space per 5 seats.
(c)
Off -street specified conditional uses.
[1]
One-family dwelling: 1 space for every 200 square feet of floor
area.
[2]
Two-family dwelling: 1 space for every 200 square feet of floor
area.
(6) Accessory buildings. For requirements, see §
370-2I.
[Amended 7-3-1997 by Ord.
No. 7-4-97; 9-4-1997 by Ord. No. 9-4-97; 6-2-2016 by Ord. No. 2016-0601]
A. Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of multiple-family dwelling units
at varying dwelling units per acre densities.
B. Permitted uses.
(1) Any use permitted in the R-1 and R-2 Districts.
(2) Multiple-family dwellings not exceeding four units, without accessory
garage structure/units.
C. Conditional uses.
(1) Same as allowed in the R-1 and R-2 Districts.
(2) Multiple-family dwellings not exceeding four units with accessory
garage structure/units.
(3) Multiple-family dwellings exceeding four units, with or without accessory
garage structure/units.
(4) Planned unit developments.
(5) Retirement homes including assisted-living facilities and community-based
residential facilities, but not including nursing homes.
(6) Carry-out restaurants and other eating places, where the predominant
number of patrons carry out, although some seating inside may be provided.
Typical uses include cafes, coffee shops, sandwich shops, and ice
cream parlors.
D. Area, height, yard and other requirements.
(1) Lot.
(a)
Area (minimum lot area per family).
[1]
More than two-family buildings: 3,600 square feet.
[2]
Two-family buildings: 5,000 square feet.
[3]
Single-family buildings: 8,500 square feet.
(b)
Width: minimum 70 feet (50 feet for lots fronting on a cul-de-sac).
(2) Building height. Maximum building height for all structures: 45 feet.
(3) Yards.
(a)
Front yard: minimum 25 feet.
(b)
Rear yard: minimum 25 feet.
(c)
Side yard.
[1]
Principal buildings.
[a] Multifamily: 15 feet on each side.
[b] Two-family: 12 feet on each side.
[c] Single-family: eight feet minimum; total minimum:
20 feet.
[2]
Accessory buildings (other than garages and accessory garage
structures/units): three feet on each side.
(4) Area (minimum floor area per family).
(a)
More than two-family buildings: 450 square feet.
(b)
Two-family buildings: 600 square feet.
(c)
Single-family buildings: 900 square feet.
(5) Parking.
(a)
Off-street residential: must provide 1.5 spaces per unit.
(b)
Places of public gathering: one space per five seats.
(6) Agency discretion. The above lot, height, yard, area, and parking
requirements may be increased, decreased or otherwise modified by
the Village agency considering the issuance of a conditional use permit,
based on the application of appropriate criteria, in the discretion
of such agency.
[Amended 7-3-1997 by Ord.
No. 7-3-97; 9-4-1997 by Ord. No. 9-4-97; 4-5-2018 by Ord. No. 2018-106]
A. Purpose. The C1 District is intended to provide an area for the business,
financial, professional, and commercial needs of the community, especially
those which can be most suitably located in a compact, centrally located
traditional business district.
B. All uses conditional. All of the following uses which may be conducted upon land in the C1 District shall be conditional uses and shall be subject to the conditional use procedure set forth in §
370-15 of this chapter.
(1) Accounting, auditing and bookkeeping firms or services.
(2) Advertising agencies, consumer credit reporting, news agencies, employment
agencies.
(3) Antique stores and secondhand stores.
(5) Banks and other financial institutions.
(6) Barbershops, beauty shops and hairdressers.
(7) Bed-and-breakfast establishments.
(8) Bookstores, not including sexually related materials as defined in §
370-18 of this chapter.
(9) Camera and photographic supply stores.
(10)
Candy, nut or confectionery stores.
(11)
Clothing and shoe stores.
(12)
Commercial parking lots, parking garages, and parking structures.
(14)
Dairy products stores, including ice cream stores.
(15)
Department stores, variety stores, and general merchandise stores.
(16)
Drugstores and pharmacies.
(17)
Duplicating, blueprinting, photocopying, addressing, mailing,
mailing list and stenographic services, and small print shops.
(18)
Engineering and architectural firms or consultants.
(19)
Establishments engaged in the publishing and printing of newspapers,
periodicals or books.
(20)
Establishments for the washing, cleaning, or polishing of automobiles,
including self-service car washes.
(21)
Farm supplies and wholesale trade items.
(23)
Furniture, home furnishings, floor covering and upholstery shops/stores.
(24)
Gasoline service stations.
(25)
Gift, novelty and souvenir shops.
(26)
General grocery stores, supermarkets, fruit and vegetable stores,
delicatessens, meat and fish stores and miscellaneous food stores.
(28)
Heating and plumbing supplies.
(29)
Hotels, motor hotels, motels, tourist courts, tourist rooms
including bed-and-breakfast establishments.
(30)
Jewelry and clock stores.
(33)
Licensed nursery schools and licensed day-care centers for children.
(34)
Mini-storage rental facilities.
(35)
Miscellaneous business offices.
(36)
Miscellaneous repair shops and related services.
(37)
Miscellaneous retail stores.
(38)
Motion picture theaters, not including drive-in theaters.
(39)
News dealers and newsstands.
(40)
Nursing homes and adult nursing and day-care centers.
(41)
Offices/clinics of physicians and surgeons, dentists and dental
surgeons, osteopathic physicians, optometrists, chiropractors, counselors
and veterinarians.
(42)
Offices of governmental agencies and post offices.
(43)
Offices of insurance companies, agents, brokers and service
representatives.
(44)
Offices, meeting places, churches, and premises of professional
membership associations; civic, social, and fraternal associations;
business associations, labor unions and similar labor organizations;
political organizations; religious organizations; charitable organizations;
or other nonprofit membership organizations.
(45)
Offices of real estate agents, brokers, managers, and title
companies.
(46)
Paint, glass and wallpaper stores.
(47)
Photographic studios and commercial photography establishments.
(48)
Professional, scientific, or educational firms, agencies, offices,
or services, but not research laboratories or manufacturing operations.
(49)
Public transportation passenger stations, taxicab company offices,
taxicab stands, but not vehicle storage lots or garages.
(50)
Residential units located on the ground level and/or second
story of a commercial structure, provided proper living area, sanitary
facilities and adequate means of ingress/egress exist; the Village
Board may impose appropriate requirements and/or limitations on such
residential commercial uses.
(51)
Residential uses permitted or conditional in zoning districts
R, R1, R2 and R3.
(52)
Restaurants, lunch rooms and other eating places, including
drive-in-type establishments.
(53)
Retail bakeries, including those which produce some or all of
the products sold on the premises, but not including establishments
which manufacture bakery products primarily for sale through outlets
located elsewhere or through home service delivery.
(54)
Retail laundry and dry-cleaning outlets, including coin-operated
laundries and dry-cleaning establishments, commonly called "laundromats"
and "launderettes." Tailor shops, dressmakers' shops, garments repair
shops, garment pressing establishments, hand laundries and hat cleaning
and blocking shops.
(55)
Retirement homes, including assisted-living facilities, CBRFs,
but not including nursing homes.
(56)
Saddle shops, veterinarians' offices and clinics, including
animal hospitals.
(57)
Seed, feed and farm supplies sales, lumber yards and warehousing.
(58)
Establishments providing sexually related materials and/or activities as defined in §
370-18 of this chapter.
(59)
Shoe repair shops and shoe shine parlors.
(60)
Sporting goods stores and bicycle shops.
(62)
Stores for the sale and installation of tires, batteries, mufflers
and other automotive accessories and new parts.
(63)
Taverns, bars and other drinking places permitted by the Village
Board.
(64)
Telephone and telegraph offices.
(65)
Trade and contractor's offices (office only).
(66)
Tobacco and smokers' supplies stores.
(67)
Vacuum cleaner and sewing machine stores.
(68)
Watch, clock and jewelry repair services.
(69)
Other uses similar to or customarily incident to any of the
above uses.
C. Lot, yard and building requirements.
(1) Minimum lot width.
(a)
Fireproof construction: 25 feet.
(b)
Non-fireproof construction: 45 feet.
(2) Minimum lot area: no minimum.
(3) Yards for principal building.
(a)
Minimum front yard: none.
(b)
Minimum side yard.
[1]
Fireproof construction: none.
[2]
Non-fireproof construction: nine feet.
(c)
Minimum rear yard: 25 feet.
(4) Building height: maximum 60 feet.
(5) Alley setback: minimum 15 feet.
NOTE: Preexisting structures may be nonconforming. The above
lot, yard and building requirements may be increased or decreased
by the Village agency considering the issuance of a conditional use
permit.
|
[Amended 7-3-1997 by Ord.
No. 7-3-97; 9-4-1997 by Ord. No. 9-4-97; 4-5-2018 by Ord. No. 2018-107]
A. Purpose. The purpose of this district is to provide for specialized
commercial activities along major highways.
B. All uses conditional. All of the following uses which may be conducted upon land in the C2 District shall be conditional uses and shall be subject to the conditional use procedure set forth in §
370-15 of this chapter.
C. Conditional uses. The following are specific conditional uses in
this district:
(1) All conditional uses allowed in the C1 District.
(3) Automobile and truck sales and services (including repairs); non-salvage
automobile parts stores.
(4) Commercial recreation facilities.
(5) Establishments engaged in the daily or extended-term rental or leasing
of house trailers, mobile homes or campers.
(6) Establishments engaged in the daily or extended-term rental or leasing
of passenger automobiles, limousines or trucks, all without drivers,
or of truck trailers or utility trailers.
(7) Establishments engaged in retail sales and services (including repairs)
of mobile homes, trailers, campers, recreational vehicles and farm
implements.
(8) Garden centers, greenhouses, and plant nurseries.
(10)
Governmental, cultural, and public buildings or uses, such as
fire and police stations, community centers, libraries, public emergency
shelters, parks, playgrounds and museums.
(11)
Hospitals and health care clinics.
(12)
Larger storage facilities.
(13)
Lawn and garden equipment sales.
(14)
Night clubs and dance halls.
(16)
Rental storage facilities.
(17)
Truck-washing facilities.
(18)
Other uses similar to or customarily incident to any of the
above uses.
D. Area, height and yard requirements.
(2) Height of buildings and other structures: maximum 45 feet.
(3) Yards.
(a)
Minimum street setback: 50 feet (75 feet if parking is allowed
in the front yard, which parking shall not be located within 25 feet
of the front of the front yard).
(b)
Minimum rear setback: 40 feet.
(c)
Minimum side yard:
[1]
Principal buildings: 10 feet on each side.
[2]
Accessory buildings: three feet on each side.
NOTE: Preexisting structures may be nonconforming. The above
lot, yard and building requirements may be increased or decreased
by the Village agency considering the issuance of a conditional use
permit
|
E. Buffer strips. Wherever an C2 District abuts a Residence District,
the Plan Commission, in evaluating a proposed conditional use, may
require a buffer strip along any boundary of any lot located within
such C2 district of appropriate width and may require such plantings,
maintenance, fencing, or other accommodations which will provide an
effective screen or barrier between the Residence and Industrial Districts.
[Amended 11-1-2001; 10-4-2007 by Ord. No. 10-04-07; 4-5-2018 by Ord. No.
2018-104]
A. Purpose. This district is intended to provide an area for manufacturing,
marketing, and industrial and agribusiness activities. It is also
intended to provide an area for a variety of uses which require relatively
large installations, facilities or land areas, or which would, unless
properly regulated, tend to create conditions of public or private
nuisance, hazard, or other undesirable conditions, or which for these
or other reasons may require special safeguards, equipment, processes,
barriers, or other forms of protection, including spatial distance,
in order to reduce, eliminate, or shield the public from such conditions.
B. Permitted uses. No uses are permitted as a matter of right within the I1 District. All uses within this district are conditional, and must be approved in accordance with the procedures established in §
370-15 of this chapter.
C. Conditional uses. Conditional uses which may occur in this district
include industrial and manufacturing uses, and all conditional uses
allowed in the C1 District. In addition, conditional uses may include
necessary municipal functions, and a dwelling unit for a caretaker
or superintendent if an appropriate conditional use requires constant
supervision.
D. Lot, yard and building requirements.
(1) Lot frontage: minimum 100 feet.
(2) Minimum front yard: 25 feet.
(3) Side yards.
(a)
Principal buildings: 20 feet.
(b)
Accessory buildings: five feet.
(4) Minimum rear yard: 40 feet.
(5) Building height: maximum 90 feet.
(6) Parking.
(a)
Industrial: one space per three employees.
(b)
Truck unloading area: sufficient space so that no streets or
alleys need be blocked.
E. Note. Preexisting structures may be nonconforming. The above lot,
yard and building requirements may be increased or decreased by the
Village agency considering the issuance of a conditional use permit.
F. Buffer strips. Wherever an I1 District abuts a Residence District,
the Plan Commission, in evaluating a proposed conditional use, may
require a buffer strip along any boundary of any lot located within
such I1 District of appropriate width and may require such plantings,
maintenance, fencing, or other accommodations which will provide an
effective screen or barrier between the Residence and Industrial Districts.
[Amended 7-8-1974 by Ord.
No. 53-A; 4-5-2018 by Ord. No. 2018-105]
A. Statement of purpose. This district is intended to provide an area
for all conditional uses which may occur in the I1 District, plus
those industries which normally include the use of heavy machinery
and may require outdoor storage areas for raw materials and/or finished
products.
B. Permitted uses. No uses are permitted as a matter of right within the I2 District. All uses within this district are conditional, and must be approved in accordance with the procedures established in §
370-15 of this chapter.
C. Conditional uses. Conditional uses which may occur in this district
include industrial and manufacturing uses and all conditional uses
permitted in the C1 District. In addition, conditional uses may include
necessary municipal functions, and a dwelling unit for a caretaker
or superintendent if an appropriate conditional use requires constant
supervision.
D. Lot, yard and building requirements.
(1) Lot frontage: minimum 150 feet.
(2) Minimum front yard: 65 feet.
(3) Side yards.
(a)
Principal buildings: 30 feet on each side.
(b)
Accessory buildings: five feet on each side.
(4) Minimum rear yard: 40 feet.
(5) Building height: maximum 90 feet.
(6) Parking.
(a)
Industrial: one space per three employees.
(b)
Truck unloading area: sufficient space so that no streets or
alleys need be blocked.
E. Note: Preexisting structures may be nonconforming. The above lot,
yard and building requirements may be increased or decreased by the
Village agency considering the issuance of a conditional use permit.
F. Buffer strips. Wherever an I2 District abuts a Residence District,
the Plan Commission, in evaluating a proposed conditional use, may
require a buffer strip along any boundary of any lot located within
such I2 District of appropriate width and may require such plantings,
maintenance, fencing, or other accommodations which will provide an
effective screen or barrier between the Residence and Industrial Districts.
[Amended 9-4-1997 by Ord.
No. 9-4-97; 4-5-2018 by Ord. No. 2018-108]
A. Purpose. The A District provides exclusively for agricultural uses.
The intent is to help conserve good farming areas and prevent uncontrolled,
uneconomical spread of residential development which results in excessive
costs to the community for premature provision of essential public
improvements and services (such as sewer and water lines).
B. Permitted uses.
(1) Farming and dairying, provided that buildings in which farm animals
are kept shall be at least 100 feet from the nearest residential or
commercial district.
(2) Forestry, grazing, hatcheries, nurseries, orchards, paddocks, poultry
raising, stables and truck farming.
(3) Farm dwellings for those resident owners and workers actually engaged
in the principal permitted uses.
C. Conditional uses.
(1) Churches, schools, cemeteries, community parks and recreation areas,
public and semipublic buildings, water storage and sewage disposal
facilities and power stations.
(2) Fur farms, kennels, insect breeding facilities, greenhouses, and
other agricultural uses that may cause noxious odors or noise, or
create health or sanitation hazards are conditional, but only with
written permission of the Village Board on the recommendation of the
Plan Commission.
(3) Public compost facilities.
(4) Uses clearly similar in character or customarily incident to any
of the above uses.
D. Lot, yard, and building requirements.
(1) Building height: thirty-five-foot residential structures; no maximum
on other structures.
(2) Side yards:
(a)
Principal buildings: 20 feet on each side.
(b)
Accessory buildings: five feet on each side.
(3) Minimum front yard: 25 feet.
(4) Minimum rear yard: 25 feet.
The FR District is intended to provide for a large-scale residential
development. This district shall have no definite and measurable boundaries
until such are approved by the Village Board on the recommendation
of the Plan Commission in accordance with procedures prescribed for
zoning amendments by § 62.23, Wis. Stats. Plans for the
proposed development shall be submitted in duplicate, and shall show
the location, size and proposed use of all structures and land included
in the areas involved. The plans may provide for a combination of
single and multifamily development as well as related commercial uses,
provided that the plans indicate that:
A. A single area of at least five acres is involved.
B. Paved streets and sidewalks adequate to serve the needs of the area
involved will be provided.
C. Adequate access to public streets and proper internal circulation
will be provided.
D. Adequate sewer and water facilities will be provided.
E. The development will constitute a reasonable extension of the living
areas in the Village and will be compatible with surrounding land
uses.
F. Plans and specifications to be submitted to Plan Commission. To encourage
a business environment that is compatible with the residential character
of the Village, land use zoning permits for permitted uses in Planned
Unit Development District shall not be issued without review and approval
of the Village of Footville Plan Commission. Said review and approval
shall be concerned with general layout, building plans, ingress, egress,
parking, loading and unloading, and landscaping plans.
[Added 9-4-1997 by Ord.
No. 9-4-97]
[Amended 7-11-2019 by Ord. No. 438; 6-22-2020 by Ord. No. 2020-01
A. The Village Board may issue a conditional use permit for conditional
uses specified in this chapter after review and a public hearing,
provided such uses are in accordance with the purpose and intent of
this chapter.
B. Applications for conditional use permits shall be submitted to the Village Clerk on forms provided by the Clerk' s office and shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, and the existing and proposed use of each structure and lot. The cost of conditional use permits shall be established by the Footville Village Board, as outlined in Chapter
111, Building Construction, the Code of the Village of Footville. Copies of the application shall be provided by the Village Clerk to the Village Board, to the Plan Commission, and to the Village Engineer.
C. The Village Engineer shall review the application and shall prepare
a report concerning it, including all aspects of the application and
insuring that the applicant has complied with all related Village
ordinances. Copies of the report shall be provided to the Village
and to the Plan Commission.
D. The Plan Commission shall review and consider the site, existing
and proposed structures, architectural plans, neighboring uses, parking
areas, driveway locations, highway access, traffic generation and
circulation, drainage, sewerage and water systems and the proposed
use of the site and any structures to be erected thereon in making
its recommendation. The Plan Commission shall prepare its recommendation
and provide it to the Village Board.
E. A public hearing shall be held as required by law, before the Village
Board or the Plan Commission, as directed by the. Village Board. Conditions
related to landscaping, architectural design, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, operational control, hours of operation, traffic circulation,
deed restrictions, access restrictions, increased yards, and parking
requirements may be required by the Village Board or the Plan Commission
upon a finding that such conditions are necessary to fulfill the purpose
and intent of this chapter.
F. The Village Board shall review and consider the report of the Village
Engineer and the recommendation of the Plan Commission and shall issue
a conditional use permit or deny the application. In the event a conditional
use permit is issued, the Village Board shall specify the conditions
of the permit which shall be included in the permit to be delivered
to the applicant by the Village Clerk.
G. Conditional uses shall comply with all other provisions of this chapter
such as lot width and area, yards, height, parking, and loading.
H. Conditional uses for each zoning district are specifically set forth in the individual district regulations, §
370-4 through
370-13.
I. The holder of a conditional use permit must begin utilizing the conditional
use permit within six months of the issuance of said conditional use
permit. Should the holder of a conditional use permit fail to utilize
the conditional use permit within six months of its issuance, the
conditional use permit shall become null and void.
[Added 3-2-2023 by Ord. No. 2023-02]
[Amended 7-11-2019 by Ord. No. 438]
Present uses of buildings, signs and premises may be continued
even though they do not conform to the restrictions of this chapter.
However, structural repairs or alterations of such buildings, signs
or premises shall not during its life exceed 50% of their assessed
value at the time they become nonconforming unless a building, sign
or premises conforming to this chapter results. Any nonconforming
use that is abandoned for one year shall be discontinued permanently.
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 § 62.23(7)(hc),
Wis. Stats.
The following definitions apply in this chapter:
ACCESSORY BUILDING
Any building except the principal building on a lot. In the
case of a house and detached garage on a lot, the accessory building
is the garage.
ACCESSORY GARAGE STRUCTURE/UNIT
A structure or part of a structure restricted to residential
parking or storage of personal property items used by existing tenants
of the multifamily dwelling. Such structures/units shall be located
in the side or rear yard of the lot occupied by the principal multifamily
structure. Setback requirements that apply to accessory garage structure/units,
front yard: 25 feet; side and rear yard: 10 feet. Minimum size of
such units shall be 240 square feet per unit/bay. Maximum size of
such units shall be 576 square feet per unit/bay. Maximum garage door
opening shall be eight feet in height. Minimum and maximum total square
feet of the accessory garage structure/unit shall be determined by
the Plan Commission and specified in the conditional use permit. No
servicing of vehicles in said structures/units is allowed. No storage
of any combustible material is allowed. Accessory garage structure/units
shall not be subject to the regulations which apply to attached or
detached garages.
[Added 6-2-2016 by Ord.
No. 2016-0601]
BUILDING
Any structure used, designed, or intended for the protection,
shelter, enclosure, or support of persons, animals, or property.
[Added 5-5-2022 by Ord. No. 2022-05]
BUILDING, HEIGHT OF
The vertical distance from the average street level in front
of the lot to the highest point of the building's roof measured from
lot grade at the front building line.
FAMILY
The body of persons related by blood or marriage who live
together in one dwelling unit as a single housekeeping entity.
FRONT YARD
A yard extending the full width of the lot between the front
lot line and the nearest part of the main building, excluding uncovered
steps.
GARAGE, PRIVATE
Any accessory building or space for the storage only of not
more than two motor vehicles per dwelling unit.
GARAGE, PUBLIC
Any building or premises, other than a private or storage
garage, where motor vehicles are equipped, repaired, serviced, hired,
sold or stored.
GARAGE, STORAGE
Any building or premises used for storage only of motor vehicles.
No commercial motor vehicles exceeding two tons' capacity shall be
stored in any storage garage.
HOME OCCUPATION
A gainful occupation conducted by members of the family only,
within their place of residence; such as dressmaking, the office of
a dentist, physician, musician, artist, etc., provided that no article
is offered for sale on the premises, except such as is produced by
such occupation, that no stock-in-trade is kept or sold, and that
any such home occupation shall be situated in the main building.
LOT
A parcel of land described in a recorded plat or deed.
NONCONFORMING USE
A building or premises lawfully used or occupied at the time
of the passage of this chapter or amendments thereto, which occupancy
or use does not conform to the regulations of this chapter or any
amendments thereto.
REAR YARD
A yard extending across the full width of the lot between
the rear of the main building and the rear lot line, the depth of
which is the least distance between the rear lot line and the rear
of such main building.
SETBACK
The minimum horizontal distance between the lot line and
the nearest point of a building or any projection thereof, excluding
uncovered steps.
SEXUALLY RELATED
The primary or dominant theme, subject matter or purpose
is the depicting, exhibiting, illustrating, describing or relating
to:
[Added 7-3-1997 by Ord.
No. 7-3-97]
A.
Sexual activities, including:
(1)
Human genitals in a state of sexual stimulation, arousal or
tumescence;
(2)
Acts of human analingus, bestiality, buggery, cunnilingus, coprophagy,
coprophilia, fellation, flagellation, masochism, masturbation, necrophilia,
pederasty, pedophilia, sadism, sadomasochism, sexual intercourse,
or sodomy;
(3)
Fondling or other erotic touching of human genitals, public
region, buttock, anus, or female breast;
(4)
Excretory functions as part of or in connection with any of the activities set forth in Subsection
A(1) through
(3) of this definition; or
B.
Specific anatomical areas including:
(1)
Less than completely and opaquely covered:
(a)
Human genitals and pubic regions;
(b)
Cleavage of the human buttocks;
(c)
That portion of the human female breast encompassed within an
area falling below the horizontal line one would have to draw to intersect
a point immediately above the top of the areola; this definition shall
include the entire lower portion of the female breast, but shall not
include any portion of the cleavage of the human female breast exhibited
by a dress, blouse, shirt, leotard, bathing suit, or other wearing
apparel, provided the areola is not so exposed; or
(2)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SIDE YARD
A yard between the main building and side lot line, extending
from the front yard or front lot line where no front yard is required,
to the rear yard. The width of the required side yard is measured
horizontally from the nearest point of the side lot line to the nearest
point of the main building.
STRUCTURE
Anything constructed or having a stationary location on the
ground, not including small roadways, fences, and small landscaping
accoutrements, or small nonpermanent structures of less than 40 square
feet, such as doghouses, playhouses, and compost bins, but including,
without limitation, other storage sheds.
[Added 5-5-2022 by Ord. No. 2022-05]
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any
substantial change in the roof structure or in the interior walls.
[Amended 12-6-2021 by Ord. No. 2021-07]
A. The Village Board shall designate that the Building Inspector enforce this chapter by means of land use zoning permits ("zoning permits"), the cost of which shall be established by the Village Board as outlined in Chapter
111, Building Construction.
B. The Building Inspector shall not issue a zoning permit for a structure
or a use that is not allowed by this chapter. No structures shall
be built, moved, or altered, and no land use shall be substantially
altered, until a zoning permit has been issued, except that no zoning
permit shall be required for farm structures that are not intended
to shelter humans.
C. Application for any zoning permit shall be accompanied by a map showing
the location, size, and shape of the lot(s) involved, and of any proposed
structures, and the existing and proposed use of each structure and
lot, and in the case of residential development, the number of families
expected to be accommodated.
D. In any zoning district where public sewage is not available, the
width and area of all lots shall be sufficient to permit the use of
an on-site sewage disposal system designed in accordance with Ch.
SPS 385 of the Wisconsin Administrative Code and the Rock County Sanitary
Code.
E. Under rules established by the Village Board, the Building Inspector
may issue temporary zoning permits of up to one year's duration.
The Village Board, Village of Footville, may amend this chapter
following the procedures prescribed by § 62.23, Wis. Stats.
All territory annexed by the Village of Footville shall become
part of the A District until definite boundaries and regulations are
recommended by the Plan Commission and adopted by the Village Board,
Village of Footville, such adoption to be completed within 90 days
of the annexation.
[Added 2-1-1996]
The following fees shall be applicable for this chapter:
A. Rezoning application. A fee per application (including repetitions
of previous applications), of $200.
B. Conditional use permit application. All conditional use applications
shall be filed with the Village Clerk along with a $200 filing fee.
The filing fee shall be used to reimburse the Village for publication
costs and expenses, including attorney's fees and engineering fees
incurred in relation to the application and hearings thereon. The
Village Clerk, upon receipt of an application and the fee provided
herein, shall immediately refer it to the Plan Commission for consideration.
C. Variance application. All applications for special exceptions and
variances and appeals shall be filed with the Village Clerk along
with a $150 filing fee. The filing fee shall be used by the Village
for administrative and publication costs incurred in relation to the
application or appeal and hearings thereon. The Village Clerk, upon
receipt of an application or appeal and the fee provided herein, shall
immediately refer it to the Board of Appeals for consideration.
D. Special meetings. Upon request and the payment by the requestor of
a special meeting fee of $200, the Village Board may consent to schedule
a special meeting of the Village Board to expedite the requestor's
business with the Village Board. If the special meeting is not scheduled
pursuant to the request, the special meeting fee shall be refunded.
This subsection shall apply to all requests for a special meeting
of the Village Board and is not limited to zoning matters.
E. Building permit application. The fees for building permits shall be established in Chapter
111, Building Construction.
[Added 6-3-2010 by Ord.
No. 060310]
A. Title. This section may be
referred to as the "Village of Footville Wind Energy System Ordinance."
B. Authority. This section is adopted pursuant to authority granted
by §§ 61.35 and 62.23, Wis. Stats.
C. Purpose.
(1) Public health and safety. The purpose of this section is to:
(a) Oversee the permitting of small wind energy systems; and
(b) Preserve and protect public health and safety without significantly
increasing the cost or decreasing the efficiency of a small wind energy
system in accordance with § 66.0401, Wis. Stats.
(2) No wind access permits. This section does not create or provide for
the issuance of any wind access permits with the meaning of § 66.0403,
Wis. Stats.
D. Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the same
meaning as they have at common law.
BOARD
The Village Board of the Village of Footville.
METEOROLOGICAL TOWER (MET TOWER)
Includes the tower, base plate, anchors, guy cables and hardware,
anemometers (wind speed indicators), wind direction vanes, booms to
hold equipment anemometers and vanes, data logger, instrument wiring,
and any telemetry devices that are used to monitor or transmit wind
speed and wind flow characteristics over a period of time for either
instantaneous wind information or to characterize the wind resource
at a given location.
OWNER
The individual or entity that owns and/or operates the small
wind energy system in accordance with this section.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the
rotating blades.
SMALL WIND ENERGY SYSTEM
A wind energy system that:
(1)
Is used to generate electricity;
(2)
Has a nameplate capacity of 100 kilowatts or less; and
(3)
Has a total height of 170 feet or less.
TOTAL HEIGHT
The vertical distance from ground level to the tip of a wind
generator blade when the tip is at its highest point.
TOWER
The monopole, freestanding, or guyed structure that supports
a wind generator.
WIND ENERGY SYSTEM
Equipment that converts and then stores or transfers energy
from the wind into usable forms of energy. This equipment includes
any base, blade, foundation, generator, nacelle, rotor, tower, transformer,
vane, wire, inverter, batteries or other component used in the system.
WIND GENERATOR
Blades and associated mechanical and electrical conversion
components mounted on top of the tower.
E. Standards.
(1) Accessory structure. A small wind energy system shall constitute
an accessory structure. Only one system is allowed per lot. The Village
Board may grant conditional use permits for additional systems.
(2) Permitted and conditional uses. A small wind energy system shall
be a permitted use in all zoning districts if it meets all conditions
of this section.
(3) Setbacks. A wind tower for a small wind energy system shall be set
back a distance equal to its total height from:
(a)
Any public road right-of-way, unless written permission to reduce
such distance is granted by the governmental entity with jurisdiction
over the road;
(b)
Any overhead utility lines (including cable television, telephone,
and fiber optic cable) within such right-of-way, unless written permission
to reduce such distance is granted by the affected utility; and
(c)
All property lines of the owner's lot, unless written permission
to reduce such distance is granted from the other affected landowners,
not limited to adjoining properties.
(4) Freestanding. All small wind energy systems shall be freestanding
and self supporting or with guy cables. No system may be attached
to the primary or any other accessory structure. Each system must
have its own base on the ground.
(5) Access.
(a)
All ground-mounted electrical and control equipment shall be
labeled or secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide
step bolts or a ladder readily accessible to the public for a minimum
height of eight feet above the ground.
(6) Electrical wires. All electrical wires associated with a small wind
energy system, other than wires necessary to connect the wind generator
to the tower wiring, the tower wiring to the disconnect junction box,
and the grounding wires shall be located underground.
(7) Lighting. A wind tower and generator shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
(8) Sound levels and measurement.
(a)
Audible sound due to small wind energy system operations shall
not exceed 50 dBA for any period of time, when measured at the property
line of any residence, school, hospital, church or public library
existing on the date of approval of any small wind energy system land
use zoning permit.
(b)
In the event audible sound due to small wind energy system operations
contains a steady pure tone, such as a whine, screech, or hum, audible
sound due to small wind energy system operations shall not exceed
45 dBA for any period of time, when measured at the property line
of any residence, school, hospital, church or public library existing
on the date of approval of any small wind energy system land use zoning
permit. A steady pure tone is defined to exist if the sound level
of any 1/3 octave exceeds the sound levels of the two contiguous 1/3
octave bands by five or more dB for any period of time.
(c)
If the ambient sound level (exclusive of the small wind energy
system) exceeds the applicable standards given above, the applicable
standards shall be adjusted to equal the ambient sound level. The
ambient sound level shall equal the L10 sound level for full spectrum
sound, expressed in dBA. For steady pure tones, the ambient sound
level shall equal the L10 sound levels of the 1/3 octave band that
exceeds the sound levels of the two contiguous 1/3 octave bands by
five or more dB for any period of time, expressed in dB.
(d)
Ambient sound levels and audible sound due to small wind energy
system operations shall be measured at the property line of affected
existing residences, schools, hospitals, churches and public libraries.
Sound-level measurement techniques shall employ all practical means
of reducing the effect of wind-generated sound at the microphone.
(e)
In the event audible sound due to small wind energy system operations
exceeds the audible sound standards listed above, a waiver of said
standards may be granted by the Village Board, provided that the following
have been accomplished:
[1]
Written consent from the affected property owners has been obtained
stating that they are aware of the small wind energy system and the
audible sound standards imposed by this section, and that they consent
to allow sound levels to exceed the audible sound standards otherwise
allowed; and
[2]
If the applicant wishes the waiver to apply to succeeding owners
of the property, a permanent sound impact easement has been recorded
in the Office of the Register of Deeds which describes the benefited
and burdened properties and specifies that sound levels in excess
of audible sound standards permitted by this section may exist on
or at the burdened property.
(9) Appearance, color and finish. The wind generator and tower shall
remain painted or finished the color or finish that was originally
applied by the manufacturer, unless otherwise approved in the land
use zoning permit.
(10)
Signs. All signs, other than the manufacturer's or installer's
identification, appropriate warning signs, or owner identification
on a wind generator, tower, building, or other structure associated
with a small wind energy system visible from any public road are prohibited.
(11)
Code compliance. A small wind energy system, including tower,
shall comply with all applicable state construction and electrical
codes, and the National Electrical Code.
(12)
Utility notification and interconnection. Small wind energy
systems that connect to the electric utility shall comply with the
Public Service Commission of Wisconsin's Rule 119, Rules for Interconnecting
Distributed Generation Facilities.
(13)
MET towers shall be permitted under the same standards, permit
requirements, restoration requirements, and permit procedures as a
small wind energy system.
F. Land use zoning permit requirements.
(1) Land use zoning permit. A land use zoning permit shall be required
for the installation of a small wind energy system.
(2) Documents. The land use zoning permit application shall be accompanied
by a plot plan which includes the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing major structures
on the property;
(c)
Location of the proposed wind system tower;
(d)
The right-of-way of any public road that is contiguous with
the property;
(e)
Any overhead utility lines;
(f)
Small wind energy system specifications, including manufacturer
and model, rotor diameter, total height, tower type (freestanding
or guyed);
(g)
Tower foundation blueprints or drawings; and
(h)
Tower blueprint or drawing.
(3) Fees. The application for a land use zoning permit for a small wind
energy system must be accompanied by the fee required for a land use
zoning permit for a permitted accessory use.
(4) Expiration. A permit issued pursuant to this section shall expire
if:
(a)
The small wind energy system is not installed and functioning
within 24 months from the date the permit is issued; or
(b)
The small wind energy system is out of service or otherwise
unused for a continuous twelve-month period.
G. Abandonment.
(1) A small wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned. The Administrator
may issue a notice of abandonment to the owner of a small wind energy
system that is deemed to have been abandoned. The owner shall have
the right to respond to the notice of abandonment within 30 days after
receipt of the notice. The Administrator shall withdraw the notice
of abandonment and notify the owner that the notice has been withdrawn
if the owner provides information that demonstrates the small wind
energy system has not been abandoned.
(2) If the small wind energy system is determined to be abandoned, the
owner of the system shall remove the wind generator from the tower
at the owner's sole expense within three months of receipt of notice
of abandonment. If the owner fails to remove the wind generator from
the tower, the Administrator may pursue legal action to have the wind
generator removed at the owner's expense.
H. Land use zoning permit procedure.
(1) An owner shall submit an application to the Administrator for a land use zoning permit for a small wind energy system. The application must be on a form approved by the Administrator and must be accompanied by two copies of the plot plan identified in §
370-23F(2) above.
(2) The Administrator shall issue a permit or deny the application within
one month after the date on which the application is received.
(3) The Administrator shall issue a land use zoning permit for a small
wind energy system if the application materials show that the proposed
small wind energy system meets the requirements of this section.
(4) If the application is approved, the Administrator will return one
signed copy of the application with the permit and retain the other
copy with the application.
(5) If the application is rejected, the Administrator will notify the
applicant in writing and provide a written statement of the reasons
why the application was rejected. The applicant may appeal the Administrator's
decision pursuant to Chapter 68, Wis. Stats. The applicant may reapply
if the deficiencies specified by the Administrator are resolved.
(6) The owner shall conspicuously post the land use zoning permit on
the premises so as to be visible to the public at all times until
construction or installation of the small wind energy system is complete.
I. Violations. It is unlawful for any person to construct, install,
or operate a small wind energy system without a land use zoning permit
or which is not in compliance with this section or with any specification
or condition contained in a land use zoning permit issued pursuant
to this section. Small wind energy systems installed prior to the
adoption of this section are exempt and are deemed legal, nonconforming
structures to the extent they are in compliance with the Village Zoning
Ordinance in effect at the time of adoption of this section and are
not in compliance with the terms of this section.
J. Administration and enforcement.
(1) This section shall be administered by the Administrator or the Administrator's
designee.
(2) The Administrator may enter any property for which a land use zoning
permit has been applied for or issued under this section to conduct
an inspection to determine whether the conditions stated in the application
or permit have been met.
(3) The Administrator may issue orders to abate any violation of this
section.
(4) The Administrator may issue a citation for any violation of this
section.
(5) The Administrator may refer any violation of this section to the
Village Attorney for enforcement.
K. Penalties.
(1) Any person who fails to comply with any provision of this section or a land use zoning permit issued pursuant to this section shall be subject to enforcement and penalties as set forth in §
1-4 of the Code of the Village of Footville.
(2) Nothing in this section shall be construed to prevent the Village
Board from using any other lawful means to enforce this section, including,
but not limited to, an action at law, or an action in equity seeking
injunctive relief. The remedies available to the Village for enforcement
of this section shall be cumulative and may be exercised separately
or in any combination with respect to any violation.
L. Severability. The provisions of this section are severable, and the
invalidity of any section, subdivision, paragraph, or other part of
this section shall not affect the validity or effectiveness of the
remainder of the section.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Violations of this chapter shall be subject to the penalties provided in §
1-4, Penalties.
[Added 9-1-2022 by Ord. No. 2022-11]
A. Title. This section may be referred to as the "Village of Footville
Solar Energy System Ordinance."
B. Authority. This section is adopted pursuant to authority granted
by Wis. Stats. §§ 61.35, 62.23, 66.0401, and 66.0403.
C. Purpose and intent. This section is adopted for the purpose of protecting
the health, safety, and general welfare of the Village of Footville
by: 1) Regulating the use of solar energy systems; 2) Protecting access
to sunlight for solar energy systems; and 3) Preserving and protecting
the public health and safety without significantly increasing the
cost or decreasing the efficiency of a solar energy system. This section
is adopted with the intent of creating a process for obtaining necessary
permits for a solar energy system while protecting the interests of
Village residents and businesses.
D. Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted to give them the same meaning
as they have at common law.
SOLAR ENERGY SYSTEM
Equipment that directly converts and then transfers or stores
solar energy into usable forms of thermal or electrical energy. A
solar energy system is either solar for individual users or a solar
farm as defined in this section. A solar energy system includes, but
may not be limited to, solar collectors, frames, supports and any
mounting hardware, battery storage equipment, convertors, or invertors.
SOLAR FARM
A solar energy system that generates enough electricity to
serve many customers by wholesale or retail sale and not primarily
for consumption on the property on which the system is located. The
solar collectors are ground mounted on open land near an existing
substation or electric transmission infrastructure.
SOLAR ENERGY SYSTEM FOR INDIVIDUAL USERS
Solar energy system that generates electricity for the individual
property owner, with either building-mounted or ground-mounted solar
collectors, as opposed to a solar farm which generates enough electricity
to serve many off-site customers.
SOLAR COLLECTOR
A device that absorbs solar energy for use in the collector's
energy transformation process.
E. Solar energy system permits required. No person shall construct,
repair, replace, install, enlarge, or alter any solar energy system,
as defined by this section, unless valid permits for said system have
first been issued by the appropriate Village officials and Boards,
and said permits have neither expired nor been suspended or revoked.
If work has commenced or is completed without proper permits, the
Village may take the appropriate action to prosecute the violation
of this chapter. All solar energy systems shall, at a minimum, be
required to obtain a building permit and conditional use permit. Other
permits may be required based on other specific plans for the solar
energy system and consistent with the Village's municipal code.
F. Conditional use permits for solar energy systems.
(1) Conditional uses. All solar energy systems shall be considered conditional uses in all zoning districts within the Village. As such, all solar energy systems installed after the effective date of this section shall require a conditional use permit. In the event of a conflict of this section and section §
370-15, this section shall control.
(2) Solar energy system conditional use permit application requirements.
All applications for a conditional use permit for a solar energy system
shall contain a scaled map/plot plan which includes the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing major structures
on the property;
(c)
Location of the proposed solar energy system, specifically identifying
all solar collectors, substations or electric transmission infrastructure,
or other additions to the property to support the solar energy system;
(d)
The right-of-way with any public road that is contiguous with
the property;
(e)
Solar energy system specifications, including manufacturer and
model, dimensions of all solar collectors, substations or electric
transmission infrastructure, or other additions to the property;
(f)
Blueprints or professional drawings for all additions to the
property.
(3) Fees. The solar energy system conditional use permit application
must be accompanied by the fee required for all conditional use permits
within the Village.
(4) Expiration. A conditional use permit issued for a solar energy system
shall expire if:
(a)
The solar energy system is not installed or functioning within
24 months from the date the permit is issued; or
(b)
The solar energy system is out of service or otherwise unused
for a continuous twelve-month period.
G. Standards for a solar energy system.
(1) Building-mounted solar energy systems:
(a)
Shall not extend beyond the exterior perimeter of the building
roof or wall;
(b)
Any ground-mounted battery storage, converter, or invertor shall
be located inside a building, or may be located in the side or rear
yards of the building, with proper screening, if approval is given
by the Zoning Administrator;
(c)
The Village is not responsible to remove or force the removal
of any structures or vegetation on adjacent properties that may exist
at the time of installation or may be constructed or installed in
the future to block any portion of the solar energy system. Owners
of solar energy systems may apply for a solar access permit as described
below.
(2) Ground-mounted solar energy systems:
(a)
Shall not have a height of greater than 10 feet when oriented
at maximum tilt. The grades that surround the solar energy system
shall not be artificially elevated to bring in fill as to elevate
the system higher than the existing grades on the property;
(b)
Shall not be located in the front or side yards of the property;
(c)
Minimum setback requirements as measured from the furthest extent
of the solar collector at full tilt parallel to the ground shall be:
[4]
Principal structure: 10 feet;
(d)
Shall not be located within the 100-year floodplain;
(e)
Landscaping or screening shall be required to screen the system
and must be approved by the Zoning Administrator on a case-by-case
basis;
(f)
All electrical wires associated with the solar energy system,
other than wires necessary to connect the system, grounding wires,
etc., shall be located underground;
(g)
Shall be properly installed and secured to the ground pursuant
to the manufacturer's requirements;
(h)
Land under and surrounding the system shall be properly manicured
and maintained;
(i)
Any ground-mounted battery storage, converter, or invertor shall
be located inside a building, or may be located in the side or rear
yards of the building, with proper screening, if approval is given
by the Zoning Administrator;
(j)
The Village is not responsible to remove or force the removal
of any structures or vegetation on adjacent properties that may exist
at the time of installation or may be constructed or installed in
the future to block any portion of the solar energy system.
H. Additional standards for a solar energy farms.
(1) All solar energy farms shall obtain a conditional use permit. In
addition to the requirements set forth above, all solar energy farms
must submit the following with their conditional use permit application:
(a)
The anticipated usable life of the solar energy farm, consistent
with the manufacturer's recommendations and guidance;
(b)
A description of the duration of the lease or agreement entered
into with the property owner or solar energy company installing the
solar energy farm;
(c)
A road/street usage plan detailing what Village roads and streets
will be used during the initial construction of the solar energy farm,
and further detailing ongoing street usage during the solar energy
farm's usable life;
(d)
A reclamation plan to describe, in detail, removal of the solar
energy farm from the property at the end of the solar energy farm's
usable life;
(e)
A performance or surety bond equal to a written estimate to
repair all Village streets used or damaged during the construction
of the solar energy farm; and
(f)
A performance or surety bond equal to a written estimate to
remove the solar energy farm when the system is no longer in operation.
The Village shall be named as obligee in the bond and the Village
must approve the bonding company and bond format.
(2) Solar energy farms shall be assessed to the extent permitted by law.
(3) Solar energy farms shall be required to pay, as applicable, the public
utility distribution, license fee, state taxation fees, and other
monetary obligations to the Village as and to the extent required
by law.
(4) The Zoning Administrator shall be notified, in writing, within at
least 60 days of any ownership transfers or sales of any solar energy
farm.
I. Abandonment and removal.
(1) Abandonment. When a solar energy system is no longer in operation
or producing energy, the owner shall notify the Zoning Administrator
in writing. Any solar energy system that has not operated for a continuous
period of 12 months shall be considered abandoned. If notice is not
provided to the Zoning Administrator, the Zoning Administrator may
issue a notice of abandonment to the owner of the solar energy system
that it has been deemed by the Zoning Administrator the solar energy
system has been abandoned. The owner shall have the right to respond
to the notice of abandonment within 30 days after receipt of notice.
The Zoning Administrator may withdraw the notice of abandonment and
notify the owner that the notice has been withdrawn if the owner provides
information that demonstrates the solar energy system has not been
abandoned.
(2) Removal. If the solar energy system is determined to be abandoned,
the owner of the system shall remove the solar collectors and all
other equipment related to the solar energy system, at the owner's
sole expense within three months of the receipt of the notice of abandonment.
If the owner fails to remove the solar energy system, the Zoning Administrator,
on behalf of the Village, may pursue legal action to have the solar
energy system removed at the owner's expense and restore the
building or property as necessary.
J. Limitations upon authority. The Village review and action as described
in this section is subject to the limitations imposed by Wis. Stats.,
§ 66.0401. In the event an applicant or owner believes the
Village has exceeded its authority in this regard, the applicant or
owner shall notify the Village and the Village may reconsider the
matter. In that event, the Village may modify the requirements of
this section on a case-by-case basis if, and only to the extent, such
modification is necessary to ensure that applicable laws are followed.