[HISTORY: Adopted by the Village Board of the Village of
Gresham as Ch. 17 of the prior Code. Amendments noted where applicable.]
A.
Authority. This chapter is adopted under the authority granted by
§§ 62.23(7) and 61.35, Wis. Stats.
B.
Short title. This chapter shall be known as, referred to or cited
as the "Zoning Code, Village of Gresham, Wisconsin."
C.
Purpose. The purpose of this chapter is to promote the health, safety,
morals, prosperity, aesthetics and general welfare of the Village.
D.
Intent. It is the general intent of this chapter to regulate and
restrict the use of all structures, lands and waters; regulate and
restrict lot coverage, population distribution and density, and the
size and location of all structures so as to lessen congestion in
and promote the safety and efficiency of the streets and highways;
secure safety from fire, flooding, panic and other dangers; provide
adequate light, air, sanitation and drainage; prevent overcrowding;
avoid undue population concentration; facilitate the adequate provision
of public facilities and utilities; stabilize and protect property
values; further the appropriate use of land and conservation of natural
resources; preserve and promote the beauty of the Village; and implement
the Village Comprehensive Plan or plan components. It is further intended
to provide for the administration and enforcement of this chapter
and to provide penalties for its violation.
E.
Abrogation and greater restrictions. It is not intended by this chapter
to repeal, abrogate, annul, impair or interfere with any existing
easements, covenants, deed restrictions, agreements, ordinances, rules,
regulations or permits previously adopted or issued pursuant to law.
However, wherever this chapter imposes greater restrictions, the provisions
of this chapter shall govern.
F.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements and shall
be liberally construed in favor of the Village and shall not be deemed
a limitation or repeal of any other power granted by the Wisconsin
Statutes.
For the purpose of this chapter, the following definitions shall
be used:
Having a common property line or district line.
A building or portion of a building subordinate to the main
building and used for a purpose customarily incidental to the permitted
use of the main building or the use of the premises.
A street or thoroughfare less than 21 feet wide and affording
only secondary access to abutting property.
A portion of a multiple dwelling used as a separate housing
unit and having cooking facilities and a private bath.
See "dwelling, multifamily."
A story, as defined below in this section, partly underground,
which if occupied for living purposes shall be counted as a story
for purposes of height measurement.
An advertising device, either freestanding or attached to
a building, which is used to display information not related to the
use or ownership of the establishment on the property upon which it
is located.
A building other than a hotel where lodging and meals are
furnished for compensation for three or more persons not members of
a family.
Any structure used, designed or intended for the protection,
shelter, enclosure or support of persons, animals or property. When
a building is divided into separate parts by unpierced walls extending
from the ground up, each part shall be deemed a separate building.
The total living area bounded by the exterior walls of a
building at the floor level, but not including a basement not qualified
for living area under the State Building Code, a garage, an unfinished
and unheated porch, or an attic.
See "structural alterations."
The vertical distance from the average curb level in front
of the lot or the finished grade at the building line, whichever is
higher, to the highest point of the coping of a flat roof, to the
deckline of a mansard roof, or to the average height of the highest
gable of a gambrel, hip or pitch roof.
A written statement issued by the Building Inspector which
permits the use of a building or lot or a portion of a building or
lot and which certifies compliance with the provisions of this chapter
for the specified use and occupancy.
A use of a special nature so as to make impractical its predetermination
as a principal use within a district.
ONE-FAMILYA detached building designed for or occupied exclusively by one family.
TWO-FAMILYA detached or semidetached building designed for and occupied exclusively by two families.
MULTIFAMILYA building or portion thereof designed for and occupied by more than two families, including tenement houses, row houses, apartment houses and apartment hotels.
A separate housekeeping unit, designed and used for occupancy
by a single family.
One person or two or more persons, related by blood, foster
relationship, marriage or adoption, and, in addition, any domestic
servants or gratuitous guests thereof; or one or more persons who
need not be so related, and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Land consisting of five acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption
or use.
For residential uses, the gross horizontal area of the floor
of a dwelling unit, exclusive of unfinished and unheated porches,
balconies, garages and basements qualified for living area under the
State Building Code, measured from the exterior faces of the exterior
walls or from the center lines of walls or partitions separating dwelling
units.
For uses other than residential, the area measured from the
exterior faces of the exterior walls, or from the center line of walls
or partitions separating such uses, including all floors, lofts, balconies,
mezzanines, cellars, basements and similar areas devoted to such uses.
All the property abutting on one side of a street between
two intersecting streets or all of the property abutting on one side
of a street between an intersecting street and the dead end of a street.
PRIVATEAn accessory building or space for the storage only of not more than two motor-driven vehicles per dwelling.
PUBLICAny building or premises, other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
STORAGEAny building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold. No commercial motor vehicle exceeding two tons' capacity shall be stored in any storage garage.
A gainful occupation conducted by members of the family only
within their place of residence, provided that no article is sold
or offered for sale on the premises except such as is produced by
such occupations, that no stock-in-trade is kept or sold, that no
mechanical equipment is used other than such as is permissible for
purely domestic purposes, that no sign other than one unlighted nameplate
not more than one foot square is installed and that no person other
than a member of the immediate family living on the premises is employed.
Outdoor storage of raw materials or finished products is not allowed.
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with no cooking facilities in any individual room
or apartment.
A parcel of land having a width and depth sufficient to provide
the space necessary for one main building and its accessory building,
together with the open spaces required by this chapter, and abutting
on a public street or officially approved place.
The mean horizontal distance between the front and rear lot
lines.
The lines bounding a lot as defined herein.
A lot abutting on two or more dedicated and accepted streets
at their intersections, provided that the interior angle of such intersection
is less than 135°.
A lot other than a corner lot.
An interior lot having frontage on two nonintersecting streets.
A dwelling structure or component thereof as defined in Wis.
Adm. Code § SPS 320.07(52m) which bears the Wisconsin Department
of Safety and Professional Services insignia certifying that it has
been inspected and found to be in compliance with Wis. Adm. Code Ch.
SPS 320, Subchapter V.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A dwelling structure or component thereof fabricated in an
off-site manufacturing facility for installation or assembly at the
building site and bearing a HUD label or insignia certifying that
it is built in compliance with Federal Manufacturing Housing Construction
Standards.
A non-self-propelled one-family dwelling unit, built prior
to July 15, 1976, on a chassis and originally designed to be moved
from one site to another, whether or not the same is placed on a permanent
foundation.
Any lot on which two or more mobile homes are parked for
the purpose of temporary or permanent habitation.
See "hotel."
A building or premises lawfully used or occupied at the time
of the passage of this chapter or amendments thereto which use or
occupancy does not conform to the regulations of this chapter or any
amendments thereto.
Any building or lot, or portion thereof, used for the cultivation
or growing of plants and including all accessory buildings.
Any building used for the continuous care, on a commercial
or charitable basis, of persons who are physically incapable of caring
for their own personal needs.
An off-street space, available for the parking of a motor
vehicle and which, in this chapter, is held to be an area 10 feet
wide and 20 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
The office of a doctor, practitioner, dentist, minister,
architect, landscape architect, professional engineer, lawyer, author,
musician or other recognized profession. When established in an R-1
District, a professional office shall be incidental to the residential
occupation and not more than 25% of the floor area of only one story
of a dwelling unit shall be occupied by such office. Only one person
may be employed who is not a resident of the home.
A strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.
The minimum horizontal distance between the street line and
the nearest point of a building or any projection thereof, excluding
uncovered steps.
A group of stores, planned and designed for the site on which
it is built, functioning as a unit with off-street parking provided
on the property as an integral part of the unit.
Any words, letters, figures, numerals, phrases, sentences,
emblems, devices or designs visible from a public street or highway
which convey information regarding the use or ownership of the establishment
on the same property upon which it is located, as distinguished from
a billboard.
That portion of a building included between the surface of
a floor and the surface of the floor next above it or, if there be
no floor above it, then the space between the floor and the ceiling
next above it. A basement or cellar having 1/2 or more of its height
above grade shall be deemed a story for purposes of height regulation.
All property dedicated for public street purposes.
A dividing line between a lot, tract or parcel of land and
an abutting street right-of-way.
Any change in the supporting members of a building or any
change in the roof structure or in the exterior walls.
Anything constructed or erected, the use of which requires
a permanent location on the ground or attachment to something having
a permanent location on the ground.
A movable structure which does not require a permanent location
on the ground and which is not attached to something having a permanent
location on the ground.
The use of a property is the purpose or activity for which
the land or building thereon is designed, arranged or intended, or
for which it is occupied or maintained.
A use subordinate in nature, extent or purpose to the principal
use of a building or lot and which is also an approved use if so stated
in this chapter.
See "conditional use."
A use which may be lawfully established in a particular district
or districts, provided it conforms with all requirements, regulations
and performance standards, if any, of such districts.
The main use of land or building as distinguished from a
subordinate or accessory use. A principal use may be permitted or
conditional.
Public and private facilities, such as water wells, water
and sewer pumping stations, water storage tanks, electric transmission
towers, electric lines, electric transmission substations, gas transmission
regulation stations, telephone and telegraph exchanges, microwave
relay structures, but not including sewage disposal plants, municipal
incinerators, warehouses, shops and storage yards.
An unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line. (See § 325-3 of this chapter.)
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward, except as otherwise provided
herein.
FRONT YARD or SETBACKA yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps.
REAR YARDA yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps.
An area or areas within the corporate limits for which the
regulations and requirements governing use, lot and bulk of building
and premises are uniform.
A permit stating that the placement of and the purpose for
which a building or land is to be used is in conformity with the uses
permitted and all other requirements under this chapter for the zone
in which it is to be located.
A.
Compliance. No structure, land or water shall hereafter be used and
no structure or part thereof shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, converted or structurally
altered without full compliance with the provisions of this chapter
and all other applicable Village, county and state regulations.
B.
Use restrictions. The following use restrictions and regulations
shall apply:
(1)
Principal uses. Only those principal uses specified for a district
and their essential services shall be permitted in that district.
(2)
Accessory uses. Accessory uses and structures are permitted in any
district, but not until their principal structure is present or under
construction. Residential accessory uses shall not involve the conduct
of any business, trade or industry. Accessory uses include incidental
repairs; storage; parking facilities; gardening; servant's and watchman's
quarters not for rent; private swimming pools; and private emergency
shelters. Accessory buildings shall not occupy more than 30% of the
required area for the rear yard.
(3)
Unclassified or unspecified uses. Unclassified or unspecified uses
may be permitted by the Village Board after the Plan Commission has
made a review and recommendation, provided that such uses are similar
in character to the principal uses permitted in the district.
(4)
Temporary uses. Temporary uses, such as real estate sales field offices
or shelters for materials and equipment being used in the construction
of a permanent structure, may be permitted by the Village Board.
C.
Performance standards. Performance standards listed in § 325-20 of this chapter shall be complied with by all uses in all districts.
D.
Yard reduction or joint use.
(1)
No lot area shall be so reduced that the yards and open spaces shall
be smaller than is required by this chapter, nor shall the density
of population be increased in any manner except in conformity with
the area regulations hereby established for the district in which
a building or premises is located.
(2)
No part of a yard or other open space provided about any building
for the purpose of complying with the provisions of this chapter shall
be included as a part of a yard or other open space required for another
building.
(3)
No lot in the Village which contains a building shall hereafter be
reduced by any type of conveyance to an area less than would be required
for the construction of such building on such lot.
E.
Lot occupancy. Every building hereafter erected, converted, enlarged
or structurally altered shall be located on a platted lot and in no
case shall there be more than one principal building on one platted
lot unless approved by the Village Board. No accessory building may
be built until the principal building is under construction.
F.
Yards abutting district boundaries. Any side yard, rear yard or court
abutting a district boundary line shall have a minimum width and depth
in the less restricted district equal to the average of the required
minimum widths and depths for such yards and courts in the two districts
which abut the district boundary line.
G.
Storage limitation. No required side yard or front yard in the commercial
or industrial districts shall be used for storage or the conduct of
business.
H.
Vision clearance. No obstructions, such as structures, parking or
vegetation, shall be permitted in any district other than the C-1
District between the height of 2 1/2 and 10 feet above a plane
through the mean curb grades within the triangular space formed by
any two existing or proposed intersecting street or alley right-of-way
lines and a line joining points on such lines, located a minimum of
35 feet from their intersection. Official signs, utility poles, tree
trunks and wire fences may be permitted within each segment of an
intersection traffic visibility area.
I.
Single-family dwelling standards. No single-family dwelling, including
dwellings constructed on the building site, manufactured dwellings
and manufactured homes, shall be erected or installed in any zoning
district except the R-3 Mobile Home Park and Mobile Home Subdivision
District unless such dwelling meets all of the following standards:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The dwelling shall be set on a full basement or other permanent enclosed
structure in accordance with the State Uniform Dwelling Code.
(2)
The dwelling shall have a minimum width of 24 feet and a core area
of living space at least 24 feet by 24 feet.
(3)
The dwelling shall have a pitched roof with a minimum slope of 3:12
and eaves extending beyond the nearest vertical wall a minimum of
16 inches; the roofing shall be asphalt shingles or comparable roofing,
but excluding metal roofing.
L.
Fences, walls and hedges. Notwithstanding other provisions of this
section, ornamental fences, walls and hedges may be permitted in any
required yard or along the edge of any required yard, provided no
such fence, wall or hedge shall exceed a height of 2 1/2 feet
along the sides or front edge of any front yard and no such fence
or wall shall exceed a height of seven feet in any other required
yard.
The regulations contained herein relating to the height of buildings
and the size of yards and other open spaces shall be subject to the
following exceptions:
A.
Chimneys, towers, lofts, etc. Chimneys, cooling towers, elevator
bulkheads, fire towers, monuments, windmills, stacks, scenery lofts,
tanks, water towers, ornamental towers, spires, wireless or broadcasting
towers, masts or aerials and necessary mechanical appurtenances exceeding
the height regulations of this chapter may be permitted as conditional
uses by the Plan Commission.
B.
Street yard modifications. The yard requirements stipulated elsewhere
in this chapter may be modified as follows:
(1)
Uncovered stair restrictions. Uncovered stairs, landings and fire
escapes may project into any yard, but not to exceed six feet and
be not closer than three feet to any lot line.
(2)
Cul-de-sac and curve restrictions. Residential lot frontage on culs-de-sac
and curves in R-1 Districts and for single-family residences in the
R-2 District may be less than 80 feet, provided the width at the building
setback line is at least 80 feet and the street frontage is not less
than 45 feet. Residential lot frontage on culs-de-sac and curves for
two-family and multifamily residences in R-2 Districts may be less
than 100 feet, provided the width at the building setback line is
at least 100 feet and the street frontage is not less than 55 feet.
(3)
Residential fence restrictions. Residential fences are permitted only on the rear and side yards in the residential districts. On the side yards the fence shall not project into the principal building required setback distance and shall be in compliance with required vision clearance. A building permit is required; see Chapter 125, Building Construction, of this Code.
(4)
Security fence restrictions. Security fences are permitted in industrial and business districts with Village Board approval, but shall not be located more than two feet from the property line and shall not exceed 10 feet in height and shall be an open-type similar to woven wire or wrought iron fencing. A building permit is required. See Chapter 125, Building Construction, of this Code.
(5)
Essential services exemptions. Essential services, utilities electric
power and communication transmission lines are exempt from the yard
and distance requirements of this chapter.
(6)
Street yard restrictions. With the approval of the Plan Commission,
the required street yards may be decreased in any residential, business
or industrial district to the average of the existing street yards
of the abutting structures on each side, but in no case less than
15 feet in the residential districts and five feet in any business
or industrial district.
C.
Corner lots. On corner lots the side yard facing the street shall
not be less than 25 feet.
D.
Lots abutting different grades. Where a lot abuts on two or more
streets or alleys having different average established grades, the
higher of such grades shall control only for a depth of 120 feet from
the line of the higher average established grade plus 12 inches to
the top of the basement wall.
E.
Buildings on through lots. The requirements for a rear yard for buildings
on through lots and extending from street to street may be waived
by furnishing an equivalent open space on the same lot in lieu of
the required rear yard, provided that the setback requirements on
both streets be complied with.
F.
Accessory buildings. Accessory buildings which are not a part of
the main building shall not occupy more than 30% of the area of the
required rear yard and shall not be nearer than five feet to any lot
line nor five feet to any alley line and shall not extend into a front
yard beyond the required setback.
G.
Unobstructed yards. Every part of a required yard shall be open to
the sky, unobstructed, except for accessory buildings in a rear yard.
A.
Existing nonconforming uses.
(1)
Continuation. The lawful nonconforming use of a structure, land or
water existing at the time of the adoption or amendment of this chapter
may be continued although the use does not conform with the provisions
of this chapter; provided, however:
(a)
Only that portion of the land or water in actual use may be
so continued and the structure may not be extended, enlarged, reconstructed,
substituted, moved or structurally altered, except when required to
do so by law or order or so as to comply with the provisions of this
chapter.
(b)
The total lifetime structural repairs or alterations shall not
exceed 50% of the assessed value of the structure at the time of its
becoming a nonconforming use unless it is permanently changed to conform
to the use provisions of this chapter.
(c)
Substitution of new equipment may be permitted by the Village
Board if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring uses.
(2)
Abolishment or replacement of existing nonconforming use. If such
nonconforming use is discontinued or terminated for a period of 12
months, any future use of the structure, land or water shall conform
to the provisions of this chapter. From the date of adoption of this
chapter, a current file of all nonconforming uses shall be maintained
by the Village Clerk, listing the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Pursuant
to § 62.23(7)(hc), Wis. Stats., and notwithstanding any
other provision of this chapter, a nonconforming structure damaged
or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold
or infestation after March 2, 2006, may be restored to, or replaced
at, the size, location, and use that it had immediately before the
damage or destruction occurred, and no limits may be imposed on the
costs of the repair, reconstruction, or improvement of said structure.
The size of the structure may be larger than the size it was immediately
before the damage or destruction if necessary for the structure to
comply with applicable state or federal requirements.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
B.
Existing nonconforming structures. Any lawful nonconforming structures
existing at the time of the adoption or amendment of this chapter
may be continued, although its size or location does not conform with
the lot width, lot area, yard, height, parking and loading, and access
provisions of this chapter. However, it shall not be extended, enlarged,
reconstructed, moved or structurally altered except when required
to do so by law or order or so as to comply with the provisions of
this chapter unless a variance is first obtained from the Board of
Zoning Appeals.
C.
Changes and substitutions. Once a nonconforming use or structure
has been changed to conform, it shall not revert back to a nonconforming
use or structure. Once the Village Board has permitted the substitution
of a more restrictive nonconforming use for an existing nonconforming
use, the substituted use shall lose its status as a legal nonconforming
use and become subject to all the conditions required by the Village
Board.
D.
Existing vacant substandard lots. An existing lot which does not
contain sufficient area to conform to the dimensional requirements
of this chapter, but which is at least 50 feet wide and 5,000 square
feet in area, may be used as a single-family building site, provided
that the use was permitted in the zoning district when the lot was
created and the lot is of record in the County Register of Deeds'
office prior to the effective date of this chapter; and further provided
that the lot is in separate ownership from abutting lands. If two
or more vacant substandard lots with continuous frontage have the
same ownership as of the effective date of this chapter, the lots
involved shall be considered to be an individual parcel for the purpose
of this chapter. Substandard lots shall be required to meet the setbacks
and other yard requirements of this chapter. A building permit for
the improvement of a lot with lesser dimensions and requisites than
those stated above shall be issued only after approval of a variance
by the Board of Zoning Appeals.
A.
State laws adopted. The provisions of §§ 62.23(7)(i)
and 66.1017, Wis. Stats., are hereby adopted by reference and shall
supersede all permitted and conditional uses as stated in this chapter.
B.
Permitted uses; restrictions.
|
Community Living Arrangement (CLA) Family Day Care Homes
|
Districts Permitted
|
Statutory Restrictions
|
|---|---|---|
|
Foster family home (domicile licensed under § 48.62,
Wis. Stats., up to 4 children)
|
All residential districts
|
None
|
|
Other foster homes
|
All residential districts
|
§ 62.23(7)(i)1 and 2, Wis. Stats.
|
|
Adult family home, defined in § 50.01(1), Wis. Stats,
up to 4 adults, or more if all adults are siblings
|
All residential districts
|
None
|
|
Other adult family homes
|
All residential districts
|
§ 62.23(7)(i)1 and 2, Wis. Stats.
|
|
CLA, up to 8 persons
|
All residential districts
|
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
|
|
CLA, 9 to 15 persons
|
Multifamily districts
|
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
|
|
Family day care home licensed under § 48.65, Wis.
Stats., up to 8 children
|
All 1- and 2-family districts
|
§ 66.1017, Wis. Stats.
|
A.
Established. For the purposes of this chapter, the Village is hereby
divided into the following zoning districts:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
|
R-1 Single-Family Residential District
|
|
R-2 Single-Family and Multifamily Residential District
|
|
R-3 Mobile Home Park and Mobile Home Subdivision District
|
|
C-1 General Commercial District
|
|
I-1 Industrial District
|
|
A Agricultural District
|
|
CON Conservancy District
|
|
Floodplain and Shoreland-Wetland Districts (See Chapter 310, Shoreland-Wetland and Floodplain Zoning, of this Code)
|
B.
Incorporation of Zoning Map. The locations and boundaries of the
districts are shown on the Village Zoning Map, as amended, on file
in the Village office, and referred to by reference as the "Official
Zoning Map, Village of Gresham, Wisconsin." Such Map, together with
all explanatory matter and regulations thereon, is an integral part
of this chapter and all amendments thereto. Official copies of the
Zoning Map, together with a copy of this chapter, shall be kept by
the Village Clerk and shall be available for public inspection during
office hours. Any changes or amendments affecting district boundaries
shall not be effective until recorded and the certified change is
filed with the Map.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Boundaries of districts. When uncertainty exists with respect to
the boundaries of the various districts as shown on the Map, the following
rules apply:
(1)
When width or length of boundaries are not clear, the scale of the
Map shall determine the approximate dimensions.
(2)
When the Floodplain and Shoreland-Wetland Code and the Zoning Code
regulations conflict with one another, the most restrictive combination
of such regulations shall control.
(3)
District boundaries are normally lot lines and center lines of streets,
highways, railroads or alleys.
The R-1 District is intended to provide a quiet, pleasant and
relatively spacious living area for single-family dwellings, protected
from traffic hazards and intrusion of incompatible land uses.
A.
Permitted uses.
(1)
One-family dwellings.
(2)
Attached and detached garages.
(a)
Attached garages. Attached garages with living quarters above
shall have a floor to ceiling height of 10 feet maximum; attached
garages without living quarters above shall have a floor to ceiling
height of no more than 10 feet maximum and a roof pitch no greater
than that of the principal building living quarters.
(b)
Detached garages. Detached garages shall have a floor to ceiling
height of 10 feet maximum and a roof pitch no greater than that of
the principal building.
(3)
Garden and yard equipment shed: 150 square feet maximum and 15 feet
in height maximum.
B.
Conditional uses. See also § 325-16 of this chapter.
(1)
Two-family and multifamily dwellings.
(2)
Churches, synagogues and similar places of worship and instruction,
including parsonages.
(3)
Municipal buildings, except sewerage disposal plants, garbage incinerators,
public warehouses, public garages, public shops and storage yards
and penal or correctional institutions and asylums.
(4)
Utility offices, provided there is no service garage or storage yard.
(5)
Public, parochial and private elementary and secondary schools.
(6)
Public parks, recreation areas, playgrounds and community centers.
(7)
Home occupations and professional offices.
C.
Lot, yard and building requirements. See also § 325-3 of this chapter.
(1)
(2)
(3)
Multifamily dwellings.
The R-2 District is intended to provide a quiet, pleasant and
relatively spacious living area for single-family, two-family and
multifamily dwellings protected from traffic hazards and intrusion.
Further, it is intended that multifamily dwellings be dispersed throughout
the District on a conditional use basis.
B.
Conditional uses.
(1)
Uses permitted in the R-1 District.
(2)
Multifamily dwellings.
(3)
Funeral homes.
(4)
Public hospitals and rest homes.
(5)
Private clubs, fraternities and lodges, except those whose chief
activity is customarily carried on as a business.
(6)
Boardinghouses, up to four paying guests or boarders, including bed-and-breakfast
establishments.
C.
Lot, yard and building requirements. See also § 325-3 of this chapter.
(1)
(2)
D.
Zero lot
line two-family dwellings. The developer of a two-family dwelling
may elect to divide the lot diagonally through the common wall separating
the two units. Each application for a building permit shall be accompanied
by a homeowner agreement which provides for the joint determination
of common maintenance decisions, e.g., painting, siding, and roofing.
[Added 6-20-2023]
B.
Conditional uses: None.
C.
Mobile home park requirements.
(1)
Park requirements:
(a)
A minimum of five acres.
(b)
Forty-foot minimum setbacks on all sides.
(c)
Maximum of 10 sites per acre.
(d)
A hard-surface road no less than 24 feet wide serving all mobile
home spaces.
(e)
Electricity, cable television and public sewer and water servicing
all mobile home spaces.
(f)
Conform to requirements of Ch. SPS 326, Wis. Adm. Code.
(g)
Temporary planting of fast-growing material, e.g., hybrid poplar
capable of growing to 15 feet or more, and permanent evergreen planting
capable of reaching 15 feet in 10 years.
(h)
No mobile home site shall be rented for a period of less than
30 days.
(4)
Open space requirements. A minimum of 250 square feet per mobile
home site, exclusive of the individual site yard requirements, shall
be required for the express purpose of providing open space and recreational
area for the residents of the mobile home park.
D.
Mobile home subdivision lot, yard and building requirements.
The C-1 District is intended to provide an area for the business
and commercial needs of the Village.
A.
Permitted uses.
(1)
Retail, grocery and specialty stores.
(2)
Personal and general service establishments, including banks, barbers,
restaurants, beauty shops, insurance offices, photography studios,
repair shops and other uses of a similar nature.
(3)
Offices, public buildings and clinics.
(4)
Public and private institutional uses, including libraries, community
centers, exhibits, clubs and organizations.
(5)
Hotels.
(6)
Printing and publishing establishments.
(7)
Funeral homes.
(8)
Public and private parking facilities.
(9)
Transportation terminals.
(10)
Dwellings, provided such dwellings shall be located above the
ground floor or to the rear of the principal use. All dwellings shall
be closely incidental and subordinate to the principal use.
(11)
Taverns.
B.
Accessory uses.
C.
Conditional uses.
(1)
Any other uses similar in character with the permitted uses.
(2)
Temporary events, such as sidewalk sales.
(3)
Public utility installations.
(4)
Automobile dealers, automobile repair shops and filling stations.
(5)
Wholesale, warehouse, farm implement and building material supply
stores.
(6)
Volleyball courts and horseshoe pits.
D.
Lot, yard and building requirements.
The I-1 District is intended to provide for manufacturing or
industrial operation which, on the basis of actual physical and operational
characteristics, would not be detrimental to the surrounding area
or to the Village as a whole by reason of noise, dirt, dust, smoke,
odor, traffic, physical appearance or other similar factors, and subject
to such regulatory controls as will reasonably ensure compatibility
in this respect. Outdoor storage of raw materials or finished products
is not allowed.
A.
Permitted uses.
(1)
Light manufacturing, including bottling, packaging, laboratories,
fuel storage facilities and other uses of a similar nature.
(2)
General manufacturing uses, including production, processing, cleaning,
testing and distribution of materials and goods, except uses and structures
determined by the Zoning Administrator as potentially hazardous to
surrounding properties.
(3)
Agriculture-related businesses, such as feed mills, farm crops, farm
implement dealers and other uses of a similar nature.
(4)
Wholesale, warehouse and building material supply stores.
(5)
Automobile repair shops and filling stations.
B.
Accessory uses and structures. Uses and structures customarily and
clearly incidental to permissible principal uses and structures, provided
that no residential dwellings shall be permitted except for watchpersons
or caretakers whose work requires residence on the premises.
C.
Conditional uses.
(1)
Storage and warehousing of fuel and materials, but not the storage
of wrecked or dismantled vehicles and junk or the storage of explosives.
(2)
Other uses similar in character to the permitted uses, giving due
consideration to such items as noise, odor, pollution, traffic and
parking, safety, hours and type of operation.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 100 feet.
(2)
Lot area: minimum 15,000 square feet.
(3)
Front yard: minimum 50 feet.
(4)
Parking lot setbacks: minimum 15 feet.
(5)
Side yards (Note: Side and rear lots abutting a residential district
shall be landscaped for the entire area.): minimum 20 feet.
(6)
Rear yard: (Note: Side and rear lots abutting a residential district
shall be landscaped for the entire area.): minimum 25 feet.
(7)
Building height: maximum 45 feet.
The A Agricultural 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.
A.
Permitted uses.
(1)
General farming.
(2)
Parks and municipal buildings.
(3)
Nurseries, greenhouses and other agricultural uses.
(4)
In-season roadside stands for the sale of farm products produced
on the premises.
(5)
Water storage; sewage disposal plants and power stations, when surrounded
by an eight-foot or more woven fence; municipal buildings; and parks.
(6)
Uses customarily incident to any of the above uses, including residential
uses incident to any of the above uses.
C.
Lot, yard and building requirements.
D.
Off-street parking and loading: no on-street parking and loading
permitted.
The CON District is intended to preserve scenic and natural
areas in the Village and to prevent uncontrolled, uneconomical spread
of residential development, and to help discourage intensive development
of marginal lands so as to prevent potential hazards to public and
private property.
A.
Permitted uses.
(1)
Public parks and playgrounds.
(2)
Management of forestry, wildlife and fish.
(3)
Harvesting of wild crops, such as marsh hay, ferns, moss, berries,
tree fruits and tree seeds.
(4)
Fishing and trapping.
(5)
Dams, power stations and transmission lines.
(6)
Public utility facilities, flood control work and similar uses.
(7)
Uses permitted in the Agricultural District.
(8)
Uses customarily incident to any of the above uses.
C.
Lot, yard and building requirements: none.
See Chapter 310, Shoreland-Wetland and Floodplain Zoning, of this Code.
A.
General uses applicable to one or more districts. The following uses
shall be conditional uses and may be permitted as specified:
(1)
Governmental and cultural uses, such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums and historical landmarks or restorations, may be permitted
in all residential and commercial districts.
(2)
Utilities in all districts, provided all principal structures and
uses are not less than 50 feet from any residential lot line.
(3)
Churches and synagogues.
(4)
Golf courses may be permitted in any residential or agricultural
district.
(5)
Cemeteries may be permitted in any residential or agricultural district.
(6)
Skating rinks, sports fields, swimming pools and tennis courts may
be permitted in any district.
(7)
Commercial recreational facilities, such as driving ranges, miniature
golf, amusement parks, gymnasiums, and physical culture facilities,
may be permitted in any district.
(8)
Mineral extraction may be permitted in Agricultural Districts.
(9)
State-licensed day care facilities may be permitted in any district.
B.
Application. Applications for conditional use permits shall be made
in duplicate to the Village Clerk on forms furnished by the Clerk
and shall include the following:
(1)
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor and all opposite and abutting property
owners of record.
(2)
Description of the subject site by lot, block and recorded subdivision,
or by metes and bounds; address of the subject site; type of structure;
proposed operation or use of the structure or site; number of employees,
if any; and the zoning district within which the subject site lies.
(3)
Site plan showing the location of any buildings and all proposed
provisions for off-street parking and loading.
(4)
Additional information, as may be required by the Plan Commission,
the Building Inspector.
C.
Notice. Notice of such application and the subsequent hearing thereon
before the Plan Commission shall be published as a Class 1 notice.
D.
Appearances at hearings. Either the applicant or his agent or attorney
shall attend the public hearing of the Plan Commission at which such
application is to be considered, unless such attendance has been excused
by the Plan Commission.
E.
Review and approval. The Plan Commission shall review 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
operation. The Plan Commission shall hold a hearing and thereafter
shall recommend approval, denial or conditions of approval to the
Village Board. The Village Board shall accept, reject or modify the
Plan Commission's recommendations thereto, such as, but not limited
to, landscaping, architectural design, type of construction, construction
commencement and completion dates, hours of operation, traffic circulation
or parking requirements, highway access restrictions, or increased
yards.
F.
Uses adjacent to controlled access highways. Any development within
500 feet of the existing or proposed right-of-way of any freeway,
expressway or other controlled access trafficway, and within 1,500
feet of their existing or proposed interchange or turning lane right-of-way,
shall be deemed to be a conditional use which shall require the issuance
of a permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Definitions.
(1)
ADMINISTRATOR
APPLICANT
APPLICATION
BASE STATION
ELIGIBLE FACILITIES REQUEST
FCC
RIGHT-OF-WAY
SMALL WIRELESS FACILITY
(a)
(b)
(c)
(d)
(e)
(f)
SUPPORT STRUCTURE
TOWER
UNDERGROUND AREAS
UTILITY POLE
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PERMIT or PERMIT
WIRELESS REGULATIONS
WIRELESS SERVICE PROVIDER
WIRELESS TELECOMMUNICATIONS EQUIPMENT
WIRELESS TELECOMMUNICATIONS FACILITY or FACILITY
For the purposes of this section, the terms below shall have the
following meanings:
The Operations Manager or his or her designee.
A person filing an application for placement or modification
of a wireless telecommunications facility in the right-of-way.
A formal request, including all required and requested documentation
and information, submitted by an Applicant to the Village of Gresham
for a wireless permit.
Means the same as in 47 CFR § 1.6100(b)(1), which
defines the term to mean a structure or wireless telecommunications
equipment at a fixed location that enables FCC-licensed or authorized
wireless communications between user equipment and a communications
network. This definition does not include towers.
Means the same as in 47 CFR § 1.6100(b)(3), which
defines the term to mean any request for modification of an existing
tower or base station that does not substantially change the physical
dimensions of such tower or base station, involving:
The Federal Communications Commission.
The surface of, and the space above and below the entire
width of an improved or unimproved public roadway, highway, street,
bicycle lane, landscape terrace, shoulder, side slope, and public
sidewalk over which the Village of Gresham exercises any rights of
management and control or in which the Village of Gresham has an interest.
Consistent with 47 CFR § 1.6002(1), means a facility
that meets each of the following conditions:
The structure on which antenna facilities are mounted:
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is cumulatively
no more than 28 cubic feet in volume;
The facility does not require antenna structure registration;
The facility is not located on tribal lands; and
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified by
federal law.
Any structure capable of supporting wireless telecommunications
equipment.
Means the same as in 47 CFR § 1.6100(b)(9), which
defines the term as any structure built for the sole or primary purpose
of supporting any Federal Communication Commission (FCC) licensed
or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services,
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services, such as microwave backhaul, and the associated site. This
definition does not include utility poles.
Those areas where there are no electrical facilities or facilities
of the incumbent local exchange carrier in the right-of-way; or where
the wires associated with the same are or are required to be located
underground; or where the same are scheduled to be converted from
overhead to underground. Electrical facilities are distribution facilities
owned by an electric utility and do not include transmission facilities
used or intended to be used to transmit electricity at nominal voltages
more than 35,000 volts.
A structure in the right-of-way designed to support electric,
telephone, and similar utility distribution lines and associated equipment.
A tower is not a utility pole.
A person that owns, controls, operates, or manages a wireless
telecommunications facility or portion thereof within the right-of-way.
A permit issued pursuant to this chapter and authorizing
the placement or modification of a wireless telecommunications facility
of a design specified in the permit at a particular location within
the right-of-way, and the modification of any existing support structure
to which the wireless telecommunications facility is proposed to be
attached.
Those regulations adopted pursuant to Subsection E(2)(a) to implement the provisions of this section.
An entity that provides wireless services to end users.
Equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communications
network.
A facility at a fixed location in the right-of-way consisting
of a base station, antennas and other accessory equipment, and a tower
and underground wiring, if any, associated with the base station.
(2)
Definitions in this section may contain quotations or citations to
47 CFR §§ 1.6100 and 1.6002. In the event that any
referenced section is amended, creating a conflict between the definition
as set forth in this section and the amended language of the referenced
section, the definition in the referenced section, as amended, shall
control.
B.
Purpose. In the exercise of its police powers, the Village of Gresham
has priority over all other uses of the right-of-way. The purpose
of this section is to provide the Village of Gresham with a process
for managing, and uniform standards for acting upon, requests for
the placement of wireless telecommunications facilities within the
right-of-way consistent with the Village's obligation to promote the
public health, safety, and welfare; to manage the right-of-way; and
to ensure that the public's use is not obstructed or incommoded by
the use of the right-of-way for the placement of wireless telecommunications
facilities. The Village recognizes the importance of wireless telecommunications
facilities to provide high-quality communications and internet access
services to residents and businesses within the Village of Gresham.
The Village also recognizes its obligation to comply with applicable
federal and state laws regarding the placement of wireless telecommunications
facilities in the right-of-way, including, without limitation, the
Telecommunications Act of 1996 (47 U.S.C. § 151 et seq.),
Section 6409(a) of the Middle Class Tax Relief and Job Creation Act
of 2012,[1] Wis. Stat. § 182.017, and Wis. Stat. § 196.58,
and this chapter shall be interpreted consistent with those provisions.
[1]
Editor's Note: See 47 U.S.C. § 1455(a).
C.
Scope.
(1)
Applicability. Unless exempted by Subsection C(2), below, every person who wishes to place a wireless telecommunications facility in the right-of-way or modify an existing wireless telecommunications facility in the right-of-way must obtain a wireless permit under this section.
(2)
Exempt facilities. The provisions of this section (other than Subsections J through M) shall not be applied to applications for the following:
(a)
Installation of a small wireless facility on the strand between
two utility poles, provided that the cumulative volume of all wireless
facilities on the strand shall not exceed one cubic foot, and provided
further that the installation does not require replacement of the
strand, or excavation, modification, or replacement of either of the
utility poles.
(b)
Installation of a mobile cell facility (commonly referred to
as "cell on wheels" or "cell on truck") for a temporary period in
connection with an emergency or event, but no longer than required
for the emergency or event, provided that installation does not involve
excavation, movement, or removal of existing facilities.
(c)
Placement or modification of a wireless telecommunications facility on structures owned by or under the control of the Village of Gresham. See Subsection M of this section.
(d)
Placement or modification of a wireless telecommunications facility
by Village of Gresham staff or any person performing work under contract
with the Village of Gresham.
(e)
Modification of an existing wireless telecommunications facility
that makes no material change to the footprint of a facility or to
the surface or subsurface of a public street if the activity does
not disrupt or impede traffic in the traveled portion of a street,
and if the work does not change the visual or audible characteristics
of the wireless telecommunications facility.
D.
Nondiscrimination. In establishing the rights, obligations, and conditions
set forth in this section, it is the intent of the Village of Gresham
to treat each applicant and right-of-way user in a competitively neutral
and nondiscriminatory manner, to the extent required by law, while
taking into account the unique technologies, situation, and legal
status of each applicant or request for use of the right-of-way.
E.
Administration.
(1)
Administrator. The Operations Manager is responsible for administering
this section.
(2)
Powers. As part of the administration of this section, the Administrator
may:
(a)
Adopt wireless regulations governing the placement and modification
of wireless telecommunications facilities in addition to but consistent
with the requirements of this section, including regulations governing
co-location, the resolution of conflicting applications for placement
of wireless telecommunications facilities, and aesthetic standards.
(b)
Interpret the provisions of this section and the wireless regulations.
(c)
Develop forms and procedures for submission of applications
for wireless permits consistent with this section.
(d)
Collect any fee required by this section.
(e)
Require, as a condition of completeness of any application,
notice to members of the public that may be affected by the placement
or modification of the wireless telecommunications facility that is
the subject of the wireless permit application.
(f)
Establish deadlines for submission of information related to
an application, and extend or shorten deadlines where appropriate
and consistent with federal laws and regulations.
(g)
Issue notices of incompleteness or requests for information
in connection with any wireless permit application.
(h)
Select and retain an independent consultant or attorney with
expertise in telecommunications to review any issue that involves
specialized or expert knowledge in connection with any permit application.
(i)
Coordinate and consult with other Village staff, committees, and governing bodies to ensure timely action on all other required permits under Subsection F(2)(h) of this section.
(j)
Subject to appeal, as provided in Subsection H(4) of this section, determine whether to grant, grant subject to conditions, or deny an application.
(k)
Take such other steps as may be required to timely act upon
wireless permit applications, including issuing written decisions
and entering into agreements to mutually extend the time for action
on an application.
F.
Application.
(1)
Format. Unless the wireless regulations provide otherwise, the applicant
must submit both a paper copy and an electronic copy (in a searchable
format) of any application, as well as any amendments or supplements
to the application or responses to requests for information regarding
an application, to the Administrator. An application is not complete
until both the paper and electronic copies are received by the Administrator.
(2)
Content. In order to be considered complete, an application must
contain:
(a)
All information required pursuant to the wireless regulations.
(b)
A completed application cover sheet signed by an authorized
representative of the applicant, listing all standard permit conditions.
(c)
The name of the applicant (including any corporate or trade
name), and the name, address, email address, and telephone number
of a local representative. If the applicant is a wireless infrastructure
provider, the name and contact information for the wireless service
provider(s) that will be using the wireless telecommunications facility
must also be provided.
(d)
A statement of which shot clock or shot clocks apply to the
application and the reasons the chosen shot clocks apply.
(e)
A separate and complete description of each proposed wireless
telecommunications facility and the work that will be required to
install or modify it, including but not limited to detail regarding
proposed excavations, if any; detailed site plans showing the location
of the facility and technical specifications for each element of the
facility, clearly describing the site and all structures and facilities
at the site before and after installation or modification and identifying
the owners of such preexisting structures and facilities; and describing
the distance to the nearest residential dwelling unit. Before and
after 360° photo simulations must be provided for each facility.
(f)
Proof that the applicant has mailed to the owners of all property
within 300 feet of the proposed wireless telecommunications facility
a notice that the applicant is submitting an application to the Village
of Gresham for placement or modification of a wireless telecommunications
facility in the right-of-way, which notice must include.
(g)
A copy of the FCC license for the facility or a sworn written
statement from the applicant attesting that the facility will comply
with current FCC regulations.
(h)
To the extent that filing of the wireless permit application
establishes a deadline for action on any other permit that may be
required in connection with the wireless telecommunications facility,
the application must include complete copies of applications for every
required permit (including, without limitation, electrical permits,
building permits, traffic control permits, and excavation permits),
with all engineering completed and with all fees associated with each
permit.
(i)
A certification by a registered and qualified engineer that
the installation can be supported by and does not exceed the tolerances
of the structure on which it will be mounted and that all elements
of the wireless telecommunications facility comply with applicable
safety standards.
(j)
Payment of all required fees.
(k)
If an applicant contends that denial of the application would
prohibit or effectively prohibit the provision of service in violation
of federal law, or otherwise violate applicable law, the application
must provide all evidence on which the applicant relies in support
of that claim. Applicants are not permitted to supplement this evidence
if doing so would prevent the Village from complying with any deadline
for action on an application.
(l)
If the application is an eligible facilities request, the application
must contain information sufficient to show that the application qualifies
as an eligible facilities request under 47 CFR § 1.6100(b)(3),
including evidence that the application relates to an existing tower
or base station that has been approved by the Village. Before and
after 360° photo simulations must be provided with detailed specifications
demonstrating that the modification does not substantially change
the physical dimensions of the existing approved tower or base station.
(3)
Waivers. Requests for waivers from any requirement of this Subsection F shall be made, in writing, to the Administrator. The Administrator may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of the waiver, the Village will be provided with all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the wireless permit sought.
(4)
Fees. Applicant must provide an application fee and shall be required
to pay all costs reasonably incurred in reviewing the application,
including costs incurred in retaining outside consultants. Fees shall
be reviewed periodically and raised or lowered based on the costs
the Village expects to incur, with a review commencing by the first
anniversary of the effective date of this section. The Village Clerk
will maintain the Village Fee Schedule.
(5)
Public records. Applications are public records that may be made
publicly available pursuant to state and federal public records law.
Notwithstanding the foregoing, the applicant may designate portions
of the application materials that it reasonably believes contain proprietary
or confidential information by clearly marking each portion of such
materials accordingly, and the Village shall endeavor to treat the
information as proprietary and confidential, subject to applicable
state and federal public records law and the Administrator's determination
that the applicant's request for confidential or proprietary treatment
of the application materials is reasonable. The Village shall not
be required to incur any costs to protect the application from disclosure.
G.
General standards.
(1)
Generally. Wireless telecommunications facilities shall meet the
minimum requirements set forth in this section and the wireless regulations,
in addition to the requirements of any other applicable law or regulation.
(2)
Regulations. The wireless regulations and decisions on wireless permits
shall, at a minimum, ensure that the requirements of this chapter
are satisfied, unless it is determined that the applicant has established
that denial of an application would, within the meaning of federal
law, prohibit or effectively prohibit the provision of a telecommunications
or personal wireless services, or otherwise violate applicable laws
or regulations. If that determination is made, the requirements of
this chapter and the wireless regulations may be waived, but only
to the extent required to avoid the prohibition.
(3)
Standards.
(a)
Wireless telecommunications facilities shall be installed and
modified in a manner that:
[1]
Minimizes risks to public safety;
[2]
Ensures that placement of facilities on existing structures
is within the tolerance of those structures;
[3]
Avoids placement of aboveground facilities in underground areas,
installation of new support structures or equipment cabinets in the
public right-of-way, or placement in residential areas when commercial
areas are reasonably available;
[4]
Maintains the integrity and character of the neighborhoods and
corridors in which the facilities are located;
[5]
Ensures that installations are subject to periodic review to
minimize the intrusion on the right-of-way;
[6]
Ensures that the Village of Gresham bears no risk or liability
as a result of the installations; and
[7]
Ensures that applicant's use does not inconvenience the public,
interfere with the primary uses of the right-of-way, or hinder the
ability of the Village of Gresham or other government entities to
improve, modify, relocate, abandon, or vacate the right-of-way or
any portion thereof, or to cause the improvement, modification, relocation,
vacation, or abandonment of facilities in the right-of-way.
(b)
No wireless permit shall be issued unless i) the wireless service
provider applicant has immediate plans to use the proposed facility
or ii) the wireless infrastructure applicant has a contract with a
wireless service provider that has immediate plans to use the proposed
facility.
(4)
Standard permit conditions. All wireless permits under this section
are issued subject to the following minimum conditions:
(a)
Compliance. The permit holder shall at all times maintain compliance
with all applicable federal, state, and local laws, regulations, and
other rules.
(b)
Term. A wireless permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. All other wireless permits shall be valid for a period of five years from the date of issuance, unless revoked pursuant to Subsection I(2) of this section.
(c)
Contact Information. The permit holder shall at all times maintain
with the Village accurate contact information for the permit holder
and all wireless service providers making use of the facility, which
shall include a phone number, mailing address, and email address for
at least one natural person.
(d)
Emergencies. The Village shall have the right to support, repair,
disable, or remove any elements of the facilities in emergencies or
when the facility threatens imminent harm to persons or property.
(e)
Indemnities. The permit holder, by accepting a permit under
this chapter, agrees to indemnify, defend, and hold harmless the Village,
its elected and appointed officials, officers, employees, agents,
representatives, and volunteers (collectively, the "indemnified parties")
from and against any and all suits, actions, legal or administrative
proceedings, claims, demands, damages, liabilities, interest, attorneys'
fees, costs, and expenses of whatsoever kind or nature in any manner
caused in whole or in part, or claimed to be caused in whole or in
part, by reason of any act, omission, fault, or negligence, whether
active or passive, of the permit holder or anyone acting under its
direction or control or on its behalf, even if liability is also sought
to be imposed on one or more of the indemnified parties. The obligation
to indemnify, defend, and hold harmless the indemnified parties shall
be applicable even if the liability results from an act or failure
to act on the part of one or more of the indemnified parties. However,
the obligation does not apply if the liability results from the willful
misconduct of an indemnified party.
(f)
Adverse impacts on adjacent properties. The permit holder shall
undertake all reasonable efforts to avoid undue adverse impacts to
adjacent properties and/or uses that may arise from the construction,
operation, maintenance, modification, or removal of the facility.
(g)
General maintenance. The wireless communications facility and
any associated structures shall be maintained in a neat and clean
manner and in accordance with all approved plans and conditions of
approval.
(h)
Graffiti removal. All graffiti on facilities shall be removed
at the sole expense of the permit holder within 48 hours after notification
from the Village.
(i)
Relocation. At the request of the Village pursuant to Subsection J of this section, the permit holder shall promptly and at its own expense permanently remove and relocate any wireless telecommunications facility in the right-of-way.
(j)
Abandonment. The permit holder shall promptly notify the Village whenever a facility has not been in use for a continuous period of 60 days or longer and must comply with Subsection K of this section.
(k)
Restoration. A permit holder who removes or relocates a facility from the right-of-way must restore the right-of-way in accordance with Subsection L of this chapter.
(l)
Record retention. The permit holder shall retain full and complete
copies of all permits and other regulatory approvals issued in connection
with the facility, which includes without limitation all conditions
of approval, approved plans, resolutions, and other documentation
associated with the permit or regulatory approval. In the event the
Village cannot locate any such full and complete permits or other
regulatory approvals in its official records, and the permit holder
fails to retain full and complete records in the permit holder's files,
any ambiguities or uncertainties that would be resolved through an
examination of the missing documents will be conclusively resolved
against the permit holder.
(m)
Radio frequency emissions. Every wireless facility shall at
all times comply with applicable FCC regulations governing radio frequency
emissions, and failure to comply with such regulations shall be treated
as a material violation of the terms of the permit.
(n)
Certificate of insurance. A certificate of insurance sufficient
to demonstrate to the satisfaction of the Administrator that the applicant
has the capability to cover any liability that might arise out of
the presence of the facility in the right-of-way.
H.
Application processing and appeal.
(1)
Rejection for incompleteness. Notices of incompleteness shall be
provided in conformity with state, local, and federal law, including
47 CFR § 1.6003(d), as amended.
(2)
Processing timeline. Wireless permit applications (including applications for other permits under Subsection F(2)(h) necessary to place or modify the facility) and appeals will be processed in conformity with the shot clocks set forth in state, local, and federal law, as amended.
(3)
Written decision. In the event that an application is denied [or approved with conditions beyond the standard permit conditions set forth in Subsection G(4)], the Administrator shall issue a written decision with the reasons therefor, supported by substantial evidence contained in a written record.
(4)
Appeal to Village Board. Any person adversely affected by the decision
of the Administrator may appeal that decision to the Village Board
which may decide the issues de novo, and its written decision will
be the final decision of the City. An appeal by a wireless infrastructure
provider must be taken jointly with the wireless service provider
that intends to use the wireless telecommunications facility.
(5)
Deadline to appeal.
(a)
Appeals that involve eligible facilities requests must be filed
within three business days of the written decision of the Administrator.
(b)
All other appeals not governed by Subsection H(5)(a), above, must be filed within 10 business days of the written decision of the Administrator, unless the Administrator extends the time therefor. An extension may not be granted where extension would result in approval of the application by operation of law.
(6)
Decision deadline. All appeals shall be conducted so that a timely
written decision may be issued in accordance with the applicable shot
clock.
I.
Expiration and revocation.
(1)
Expiration. A wireless permit issued pursuant to an eligible facilities
request shall expire at the same time the permit for the underlying
existing wireless telecommunications facility expires. All other wireless
permits shall be valid for a period of five years from the date of
issuance. Upon expiration of the wireless permit, the permit holder
must either:
(2)
Revocation for breach. A wireless permit may be revoked for failure
to comply with the conditions of the permit or applicable federal,
state, or local laws, rules, or regulations. Upon revocation, the
wireless telecommunications facility must be removed within 30 days
of receipt of written notice from the Village. All costs incurred
by the Village in connection with the revocation, removal, and right-of-way
restoration shall be paid by the permit holder.
(3)
Failure to obtain permit. Unless exempted from permitting by Subsection C(2) of this section, a wireless telecommunications facility installed without a wireless permit must be removed within 30 days of receipt of written notice from the Village. All costs incurred by the Village in connection with the notice, removal, and right-of-way restoration shall be paid by entities who own or control any part of the wireless telecommunications facility.
J.
Relocation. Except as otherwise prohibited by state or federal law,
a permit holder must promptly and at its own expense, with due regard
for seasonal working conditions, permanently remove and relocate any
of its wireless telecommunications facilities in the right-of-way
whenever the Village requests such removal and relocation. The Village
may make such a request to prevent the facility from interfering with
a present or future Village use of the right-of-way; a public improvement
undertaken by the Village; an economic development project in which
the Village has an interest or investment; when the public health,
safety, or welfare require it; or when necessary to prevent interference
with the safety and convenience of ordinary travel over the right-of-way.
Notwithstanding the foregoing, a permit holder shall not be required
to remove or relocate its facilities from any right-of-way that has
been vacated in favor of a nongovernmental entity, unless and until
that entity pays the reasonable costs of removal or relocation to
the permit holder.
K.
Abandonment.
(1)
Cessation of use. In the event that a permitted facility within the
right-of-way is not in use for a continuous period of 60 days or longer,
the permit holder must promptly notify the Village and do one of the
following:
(a)
Provide information satisfactory to the Administrator that the
permit holder's obligations for its facilities under this section
have been lawfully assumed by another permit holder.
(b)
Submit to the Administrator a proposal and instruments for dedication of the facilities to the Village. If a permit holder proceeds under this Subsection K(1)(b), the Village may, at its option:
(2)
Abandoned facilities. Facilities of a permit holder who fails to comply with Subsection K(1) and which, for one year, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, at its option:
L.
Restoration. In the event that a permit holder removes or is required to remove a wireless telecommunications facility from the right-of-way under this section (or relocate it pursuant to Subsection J), the permit holder must restore the right-of-way to its prior condition in accordance with Village specifications. However, a support structure owned by another entity authorized to maintain that support structure in the right-of-way need not be removed, but must instead be restored to its prior condition. If the permit holder fails to make the restorations required by this Subsection L, the Village, at its option, may do such work. In that event, the permit holder shall pay to the Village, within 30 days of billing therefor, the cost of restoring the right-of-way.
M.
Placement on Village-owned or -controlled structures. The Village
may negotiate agreements for placement of wireless telecommunications
facilities on Village-owned or -controlled structures in the right-of-way.
The agreement shall specify the compensation to the Village for use
of the structures. The person or entity seeking the agreement shall
reimburse the Village for all costs the Village incurs in connection
with its review of and action upon the request for an agreement.
The intent of this section is to require erosion control practices
that will reduce the amount of sediment and other pollutants leaving
construction sites during land development or land disturbance activities.
This section applies to all land disturbing construction activities.
A.
Authority. This section is adopted under the authority granted in
§ 61.354, Wis. Stats.
B.
Findings and purpose.
(1)
Findings. The Village Board finds runoff from construction sites
carries a significant amount of sediment and other pollutants to the
waters of the state and the Village.
(2)
Purpose. It is the purpose of this section to preserve the natural
resources; to protect the quality of the waters of the state and the
Village; and to protect and promote the health, safety and welfare
of the people to the extent practicable by minimizing the amount of
sediment and other pollutants carried by runoff or discharges from
construction sites to lakes, streams and wetlands.
C.
Applicability. This section applies to land disturbing and land developing
activities on lands within the boundaries and jurisdiction of the
Village and, optionally, the public and private lands subject to extraterritorial
review under Ch. 236, Wis. Stats. All state-funded or -conducted construction
is exempt from this section.
D.
AGRICULTURAL LAND USE
COMMERCIAL LAND USE
CONSTRUCTION SITE CONTROL MEASURE
CONTROL MEASURE
CONTROL PLAN
EROSION
LAND DEVELOPING ACTIVITY
LAND DISTURBING CONSTRUCTION ACTIVITY
LAND USER
LANDOWNER
RUNOFF
SITE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
Use of land for the retail or wholesale sale of goods or
services.
A control measure used to meet the requirements of Subsection G(2) below.
A practice or combination of practices to control erosion
and attendant pollution.
A written description of the number, locations, sizes and
other pertinent information of control measures designed to meet the
requirements of this section submitted by the applicant for review
and approval by the Building Inspector.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
Any man-made change of the land surface, including removing
vegetative cover, excavating, filling and grading, but not including
agricultural land uses, such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscaping modifications.
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his land.
Any person holding title to or having an interest in land.
The rainfall, snow melt or irrigation water flowing over
the ground surface.
The entire area included in the legal description of the
land on which the land disturbing or land development activity is
proposed in the permit application.
E.
Design criteria, standards and specifications for control measures.
All control measures required to comply with this section shall meet
the design criteria, standards and specifications for the control
measures based on accepted design criteria, standards and specifications
identified by the Building Inspector and in accordance with, but not
limited to, the Wisconsin Construction Site Best Management Practice
Handbook.
F.
Maintenance of control measures. All sedimentation basins and other
control measures necessary to meet the requirements of this section
shall be maintained by the applicant or subsequent landowner during
the period of land disturbance and land development of the site in
a satisfactory manner to ensure adequate performance and to prevent
nuisance conditions.
G.
Control of erosion and pollutants during land disturbance and development.
(1)
Applicability. This subsection applies to the following sites of
land development or land disturbing activities.
(a)
Those requiring a subdivision plat approval or the construction
of houses or commercial, industrial or institutional buildings on
lots of approved subdivision plats.
(b)
Those requiring a certified survey approval or the construction
of houses or commercial, industrial or institutional buildings on
lots of approved certified surveys.
(c)
Those involving grading, removal of protective ground cover
or vegetation, excavation, landfilling or other land disturbing activity
affecting a surface area of 4,000 square feet or more.
(d)
Those involving excavation or filling or a combination of excavation
and filling affecting 350 cubic yards or more of dirt, sand or other
excavation or fill material. Excavation and filling of less than 350
cubic yards, at the discretion of the Building Inspector, may require
control of erosion and pollutants if judged necessary.
(e)
Those involving street, highway, road or bridge construction,
enlargement, relocation or reconstruction.
(f)
Those involving the laying, repairing, replacing or enlarging
of an underground pipe or facility for a distance of 300 feet or more.
(2)
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection G(1) above:
(a)
Discharged water. Water may not be discharged in a manner that
causes erosion of the site or receiving channels.
(b)
Waste and material disposal. All waste and unused building materials,
including garbage, debris, cleaning wastes, wastewater, toxic materials
or hazardous materials, shall be properly disposed of and not allowed
to be carried by runoff into a receiving channel or storm sewer system.
(c)
Tracking. Each site shall have graveled roads, access drives
and parking areas of sufficient width and length to prevent sediment
from being tracked onto public or private roadways. Any sediment reaching
a public or private road shall be removed by street cleaning (not
flushing) before the end of each workday.
(d)
Drain inlet protection. All storm drain inlets shall be protected
with a straw bale, filter fabric or equivalent barrier meeting accepted
design criteria, standards and specifications.
(e)
Site erosion control. The following criteria apply only to land
development or land disturbing activities that result in runoff leaving
the site.
[1]
Channelized runoff and sheet flow runoff from adjacent areas
passing through the site shall be diverted around disturbed areas,
if practical. Otherwise, channelized runoff and sheet flow runoff
shall be protected as described in Subsection G(2)(e)[3][b] below.
[2]
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time. This shall
include the planting of vegetative cover as soon as practical.
[3]
Runoff from the entire disturbed area on the site shall be controlled
by meeting the following:
[a]
For sites with more than 10 acres disturbed at
one time, or if a channel originates in the disturbed area, sedimentatic
basins/traps shall be constructed.
[b]
For all sites, filter fences, straw bales or equivalent
control measures shall be placed along all critical/necessary sides
of the site as determined by the Building Inspector. If a channel
or area of concentrated runoff passes through the site, filter fences
shall be placed along the channel edges to reduce sediment reaching
the channel.
[4]
Soil or dirt storage piles containing more than 350 cubic yards
of material shall be controlled by placing straw bales or filter fence
barriers around the down-slope side of the pile. Any soil or dirt
storage pile under 350 cubic yards may be required, at the discretion
of the Building Inspector, to be controlled by placing straw bales
or filter fence barriers around the down-slope side of the piles if
conditions warrant. New in-street utility construction soil or dirt
storage piles located closer than 25 feet to a roadway or drainage
channel, if exposed for more than seven days, must be protected with
straw bales or other appropriate filtering barriers.
H.
Permit application, control plan and permit issuance. No landowner
or land user may commence a land disturbance or land development activity
subject to this section without receiving prior approval of a control
plan for the site and a permit from the Building Inspector. At least
one landowner or land user controlling or using the site and desiring
to undertake a land disturbing or land developing activity subject
to this section shall submit an application for a permit and a control
plan and pay an application fee to the Inspector. By submitting an
application, the applicant is authorizing the Inspector to enter the
site to obtain information required for the review of the control
plan.
(1)
Content of the control plan for land disturbing activities covering
more than two acres.
(a)
Existing site map. A map of existing site conditions on a scale
of at least one inch equals 100 feet showing the site and immediately
adjacent areas:
[1]
Site boundaries and adjacent lands, which accurately identify
site location.
[2]
Lakes, streams, wetlands, channels, ditches and other watercourses
on and immediately adjacent to the site.
[3]
One-hundred-year floodplains, flood fringes and floodways.
[4]
Vegetative cover.
[5]
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site.
[6]
Locations and dimensions of utilities, structures, roads, highways
and paving.
[7]
Site topography at a contour interval not to exceed two feet.
(b)
Plan of final site conditions. A plan of final site conditions
on the same scale as the existing site map showing the site changes.
(c)
Site construction plan. A site construction plan, including
the following:
[1]
Locations and dimensions of all proposed land disturbing activities.
[2]
Locations and dimensions of all temporary soil or dirt stockpiles.
[3]
Locations and dimensions of all construction site management
control measures necessary to meet the requirements of this section.
[4]
Schedule of anticipated starting and completion date of each
land disturbing or land developing activity; planting of vegetative
cover and installation of construction site control measures needed
to meet the requirements of this section.
[5]
Provisions for maintenance of the construction site control
measures during construction.
(2)
Content of control plan statement for land disturbing activities covering less than two acres, but meeting the applicability requirements stated in Subsection G(1) above. An erosion control plan statement, with simple map, shall be submitted to briefly describe the site and erosion controls, including the site development schedule, that will be used to meet the requirements of this section.
(3)
Review of control plan. Within 30 days of receipt of the application,
control plan, or control plan statement and fee, the Building Inspector
shall review the application and control plan to determine if the
requirements of this section are met. The Inspector may request comments
from other departments or agencies. If the requirements of this section
are met, the Inspector shall approve the plan, inform the applicant
and issue a permit. If the conditions are not met, the Inspector shall
inform the applicant, in writing, and may either require needed information
or disapprove the plan. Within 30 days of receipt of receiving needed
information, the Inspector shall again determine if the plan meets
the requirements of this section. If the plan is disapproved, the
Inspector shall inform the applicant, in writing, of the reasons for
the disapproval.
(4)
Permits.
(a)
Duration. Permits shall be valid for a period of 180 days or
the length of the building permit or other construction authorizations,
whichever is longer, from the date of issuance. The Building Inspector
may extend the period one or more times for up to an additional 180
days. The Inspector may require additional control measures as a condition
of the extension if they are necessary to meet the requirements of
this section.
(b)
Permit conditions. All permits shall require the permittee to:
[1]
Notify the Building Inspector within 48 hours of commencing
any land disturbing activity.
[2]
Notify the Building Inspector of the completion of any control
measures within 48 hours after their installation.
[3]
Obtain permission, in writing, from the Village Board prior
to modifying the control plan.
[4]
Install all control measures as identified in the approved control
plan.
[5]
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the control plan.
[6]
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land developing or disturbing activities.
[7]
Inspect the construction control measures after each rain of
0.5 inch or more and at least once each week and make needed repairs.[1]
[8]
Keep a copy of the control plan on the site.
I.
Inspection. The Building Inspector shall inspect construction sites
at times appropriate to stages of construction. If land disturbing
or land development activities are being carried out without a permit,
the Inspector shall enter the land pursuant to the provisions of § 66.0119,
Wis. Stats.
J.
Enforcement.
(1)
The Building Inspector may post a stop-work order if:
(2)
If the permittee does not cease the activity or comply with the control
plan or permit conditions within 48 hours, the Building Inspector
has the power to revoke the permit.
(3)
If the landowner or land user, where no permit has been obtained
does not cease the activity within 48 hours, the Building Inspector
may request the Village Attorney to obtain a cease-and-desist order.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
The Building Inspector or the Village Board may retract the stop-work
order or the revocation.
(5)
Forty-eight hours after posting a stop-work order, the Building Inspector
may issue a notice of intent to the permittee or landowner or land
user of the Village's intent to perform the work necessary to comply
with this section. The Village or agents of the Village may go on
the land and commence the work after 48 hours from issuing the notice
of intent. The costs of the work performed by the Village plus interest
at the rate authorized by the Village Board shall be billed to the
permittee or the landowner. In the event a permittee or landowner
fails to pay the amount due, the Village Clerk shall enter the amount
due on the tax roll and shall collect as a special assessment against
the property, pursuant to § 66.0627, Wis. Stats.[2]
(6)
Compliance with the provisions of this section may also be enforced
by injunction.
K.
Appeals.
(1)
Board of Zoning Appeals. The Board of Zoning Appeals, created pursuant to § 325-25 of this chapter, pursuant to § 62.23(7)(e), Wis. Stats., shall serve as the appeals board for any appeals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Who may appeal. Any applicant, permittee, landowner or land user
may appeal any order, decision or determination made by the Inspector
in administering this section.
A.
Loading requirements. In all business and industrial districts adequate
loading areas shall be provided so that all vehicles loading, maneuvering
or unloading are completely off the public ways and so that all vehicles
need not back onto any public way.
B.
Parking requirements. In all districts and in connection with every
use, except in the C-1 General Commercial District, there shall be
provided, at the time any use or building is erected, enlarged, extended
or increased, off-street parking stalls for all vehicles in accordance
with the following:
(1)
Access. Adequate access to a public street shall be provided for
each parking space, and driveways shall be at least 10 feet wide for
one- and two-family dwellings and a minimum of 24 feet for all other
uses.
(2)
Size. The size of each parking space shall be not less than 10 feet
by 20 feet, exclusive of the space required for ingress and egress.
(3)
Location. The location is to be on the same lot as the principal
use or not over 400 feet from the principal use. No parking stall
or driveway, except in residential districts, shall be closer than
25 feet to a residential district lot line or a street line opposite
a residential district.
(4)
Surfacing. All off-street parking areas shall be graded and surfaced
so as to be dust-free and properly drained. Any parking area for more
than five vehicles shall have the aisles and spaces clearly marked.
(5)
Curbs or barriers. Curbs or barriers shall be installed so as to
prevent the parked vehicles from extending over any lot line.
(6)
Number of parking stalls required.
|
Single- and 2-family dwellings and mobile homes
|
2 stalls/dwelling unit
|
|
Multifamily dwellings
|
2 stalls/dwelling unit
|
|
Hotels and motels
|
1 stall/guest room, plus
1 stall/3 employees
|
|
Hospitals, clubs, lodges, sororities, dormitories, lodging and
boardinghouses
|
1 stall/2 beds, plus
1 stall/3 employees
|
|
Sanitariums, institutions, rest and nursing homes
|
1 stall/5 beds, plus
1 stall/3 employees
|
|
Medical and dental clinics
|
3 stalls/doctor, plus
1 stall/employee
|
|
Churches, theaters, auditoriums, community centers, vocational
and night schools and other places of public assembly
|
1 stall/5 seats
|
|
Colleges, secondary and elementary schools
|
1 stall/2 employees, plus
1 stall/student auto permitted
|
|
Restaurants, bars, places of entertainment, repair shops, retail
and service stores
|
1 stall/150 square feet of floor area
|
|
Manufacturing and processing plants, laboratories and warehouses
|
1 stall/2 employees
|
|
Financial institutions and businesses, governmental and professional
offices
|
1 stall/200 square feet of floor area, plus
1 stall/2 employees
|
|
Funeral homes
|
1 stall/4 seats, plus
1 stall/vehicle used in the business
|
|
Bowling alleys
|
5 stalls/alley
|
(a)
In the case of structures or uses not mentioned, the provision
for a use which is similar shall apply.
(b)
Combinations of any of the above uses shall provide the total
of the number of stalls required for each individual use.
(c)
Parking stalls are not required to be provided in the C-1 District,
but when they are provided, they shall conform to requirements of
size, access, surfacing and barriers, but not number of stalls or
location, as specified above.
C.
Driveways. All driveways installed, altered, changed, replaced or
extended after the effective date of this chapter shall meet the following
requirements:
(2)
Vehicular entrances and exits to drive-in banks and restaurants;
motels; funeral homes; vehicular sales, service, washing and repair
stations; garages; or public parking lots shall be not less than 100
feet from any pedestrian entrance or exit to a school, church, hospital,
park, playground, library or public emergency shelter.
D.
Highway access. No direct private access shall be permitted to the
existing or proposed rights-of-way of any controlled access arterial
street without permission of the highway agency that has access control
jurisdiction.
This chapter permits specific uses in specific districts, and
these performance standards are designed to limit, restrict and prohibit
the effects of those uses outside their premises or district. No structure,
land or water shall hereafter be used except in compliance with the
district regulations and with the following performance standards.
A.
Air pollution. No activity shall emit any fly ash, dust, fumes, vapors,
mists or gases in such quantities as to cause soiling or danger to
the health of persons, animals, vegetation or property. No activity
shall emit any liquid or solid particles in concentrations exceeding
0.3 grains per cubic foot of the conveying gas, nor any color visible
smoke equal to or darker than No. 2 on the Ringlemann Chart described
in the United States Bureau of Mine's Information Circular 7718 in
the industrial districts.
B.
Fire and explosive hazards. All activities involving the manufacturing,
utilization, processing or storage of inflammable and explosive materials
shall be provided with adequate safety devices against the hazard
of fire and explosion, and with adequate firefighting and fire suppression
equipment and devices that are standard in the industry. All materials
that range from active to intense burning shall be manufactured, utilized,
processed and stored only in completely enclosed buildings which have
incombustible exterior walls and an automatic fire extinguishing system.
C.
Glare and heat. No unsanctioned activity shall emit glare or heat
that is visible or measurable outside its premises, except activities
in the industrial districts which may emit direct or sky-reflected
glare which shall not be visible outside their district. All operations
producing intense glare or heat shall be conducted within a completely
enclosed building. Exposed sources of light shall be shielded so as
not to be visible outside their premises.
D.
Liquid or solid wastes. No activity shall discharge at any point
onto any land or into any water or public sewer any materials of such
nature, quantity, noxiousness, toxicity or temperature which can contaminate,
pollute or harm the quantity or quality of any water supply; can cause
the emission of dangerous or offensive elements; can overload the
existing municipal utilities; or can injure or damage persons or property.
E.
Noise and vibration. There shall be no noise or vibration over 70
decibels emanating from any unsanctioned activities beyond the boundaries
of the immediate site determined to be a nuisance by the Building
Inspector. Sirens, whistles and bells which are maintained and utilized
solely to serve a public purpose are exempt from the sound level standards
of this section.
F.
Odors. No activity shall emit any odorous matter of such nature or
quantity as to be offensive, obnoxious or unhealthful outside their
premises.
G.
Radioactivity and electrical disturbances. No activity shall emit
radioactivity or electrical disturbances outside its premises that
are dangerous or adversely affect the use of neighboring premises.
A.
No sign shall hereafter be located, erected, moved, reconstructed,
extended, enlarged, converted or structurally altered without a permit,
except those signs excepted below, and without being in conformity
with the provisions of this section. The sign shall also meet all
the structural requirements of the Building Code.
B.
All signs are prohibited in the R-1, R-2, R-3 and CON Conservancy
Districts, except the following:
(1)
Signs over show windows or doors of a nonconforming business establishment,
announcing, without display or elaboration, only the name and occupation
of the proprietor and not to exceed two feet in height and 10 feet
in length.
(2)
Real estate signs not to exceed eight square feet in area, which
advertise the sale, rental or lease of the premises upon which said
signs are temporarily located.
(3)
Name, occupation and warning signs not to exceed two square feet,
located on the premises.
(4)
Bulletin boards for public, charitable or religious institutions
not to exceed eight square feet in area, located on the premises.
(5)
Memorial signs, tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of metal and
affixed flat against a structure.
(6)
Official signs, such as traffic control, parking restrictions information
and notices.
(7)
Temporary signs or banners when authorized by the Village Board.
C.
Signs are permitted in the C-1 District, subject to the following
restrictions:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Wall signs placed against the exterior walls of buildings shall not
extend more than 15 inches outside of a building's wall surface, shall
not exceed 500 square feet in area for any one premises, and shall
not exceed 20 feet in height above the mean center line street grade.
(2)
Projecting signs fastened to, suspended from or supported by structures
shall not:
(a)
Exceed 100 square feet in area for any one premises.
(b)
Extend more than six feet into any required yard.
(c)
Extend into any public right-of-way.
(d)
Be less than 10 feet from all side lot lines.
(e)
Exceed a height of 20 feet above the mean center line street
grade.
(f)
Be less than nine feet above the sidewalk nor 15 feet above
a driveway or an alley.
(3)
Ground signs shall not exceed 40 feet in height above the mean center
line street grade, shall meet all yard requirements for the district
in which it is located, shall not exceed 100 square feet on one side
nor 200 square feet on all sides for any one premises.
(4)
Roof signs shall not exceed 10 feet in height above the roof, shall
meet all the yard and height requirements for the district in which
it is located, and shall not exceed 300 square feet on all sides for
any one premises.
(5)
Window signs shall be placed only on the inside of business buildings
and shall not exceed 25% of the glass area of the pane upon which
the sign is displayed.
(6)
Combinations of any of the above signs shall meet all the requirements
for the individual sign.
D.
Signs shall not resemble, imitate or approximate the shape, size,
form or color of railroad or traffic signs, signals or devices. Signs
shall not obstruct or interfere with the effectiveness of railroad
or traffic signs, signals or devices. No sign shall be erected, relocated
or maintained so as to prevent free ingress to or egress from any
door, window or fire escape, and no sign shall be attached to a standpipe
or fire escape. No sign shall be placed so as to obstruct or interfere
with traffic visibility.
E.
Signs lawfully existing at the time of the adoption or amendment of this section may be continued although the use, size or location does not conform with the provisions of this section. However, it shall be deemed a nonconforming use or structure, and the provisions of § 325-5 of this chapter shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No building or structure, or any part thereof, shall hereafter be built within the Village unless a permit therefor shall first be obtained by the owner or his agent from the Zoning Administrator. No construction shall be commenced prior to the issuance of such permit. Commencement of construction shall include such acts as beginning excavation or constructing forms for cement work. See Chapter 125, Building Construction, of this Code.
A.
Certificate required. No vacant land shall be used or occupied for
other than an approved use in the zoning district in which it is located
and no building hereafter moved into or relocated within the Village
shall be so occupied or used until a certificate of occupancy shall
have been issued by the Building Inspector. Such certificate shall
show that the building or land or part thereof and the proposed use
thereof are in conformity with the provisions of this chapter. Such
certificate shall be issued only when the building or land and the
proposed use thereof conform with all the requirements of this chapter.
No such certificate shall be required for any property for which a
valid zoning permit providing for such use or occupancy exists.
B.
Application for certificate. Application for such certificate shall
be made to the Building Inspector, in writing, on such form and containing
such information as the applicant deems sufficient to advise such
Inspector of his request. After reviewing such application, the Inspector
may require such additional information as he deems necessary.
C.
Temporary certificate. The Board of Zoning Appeals is hereby authorized
to hear and rule on appeals from the denial of such certificates by
the Building Inspector and, upon such terms and with such conditions
as it deems proper, may authorize the Building Inspector to issue
a temporary certificate for a limited period of time.
B.
Powers and duties. The Plan Commission shall have the powers and
duties prescribed in § 62.23, Wis. Stats., and such other
powers and duties as shall be vested in the Commission from time to
time by the Village Board.
B.
Appeals to Board.
(1)
Appeals to the Board of Zoning Appeals may be taken by any person
aggrieved or by any officer, department, board or bureau of the Village
affected by any decision of the administrative officers. Such appeal
shall be taken within 30 days from either the date of actual notice
of said decision to the person aggrieved or from the date of the mailing
of a copy of said decision to him, whichever is earlier, by filing
with the officer from whom the appeal is taken and with the Board
a notice of appeal specifying the grounds thereof. Filing with the
Board shall be accomplished by filing with the Village Clerk.
(2)
The officer from whom the appeal is taken shall forthwith transmit
to the Board all papers constituting the record upon which the action
appealed from was taken.
(3)
The Board shall fix a reasonable time for the hearing of the appeal
and shall give public notice thereof by publication once in the Village's
official newspaper, said publication to be not less than five days
before said hearing nor more than 15 days before said hearing and
shall give notice to the parties in interest and shall decide the
same within a reasonable time.
C.
Powers of board. The Board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the administrative
official.
(2)
To hear and decide special exceptions to the terms of this chapter
upon which the Board is required to consider.
(3)
To authorize, upon appeal in specific cases, such variance from the
terms of this chapter as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement will result
in practical difficulty or unnecessary hardship so that the spirit
of this chapter shall be observed, public safety and welfare secured,
and substantial justice done.
(4)
Permit the erection and use of a building or premises in any location
subject to appropriate conditions and safeguards in harmony with the
general purposes of this chapter for such public utility purposes
which are reasonably necessary for public convenience and welfare.
(5)
The Board may reverse or affirm, wholly or in part, or may modify
any order, requirement, decision or determination appealed from and
shall make such order, requirement, decision or determination as,
in its opinion, ought to be made in the premises and to that end shall
have all the powers of the administrative official. The concurring
vote of four members of the Board shall be necessary to reverse any
order, requirement or determination appealed from or to decide in
favor of the applicant on any matter on which it is required to pass
or to effect any variation in the requirements of this chapter.
D.
Other powers. In addition to the foregoing, the Board shall have
the following specific powers:
(1)
To grant a permit for a temporary building for commerce or industry
in a residential district, which is incidental to the residential
development, such permit to be issued for a period of not more than
six months.
(2)
To grant a permit for the extension of a district boundary for a
distance of not more than 25 feet, where the boundary of a district
divides a lot in single ownership at the time of the adoption of this
chapter.
(3)
To permit the temporary storage, as defined herein, of an item otherwise prohibited under § 325-3 of this chapter.
(4)
To interpret the provisions of this chapter in such a way as to carry
out the intent and purpose of the plan as shown on the Official Map
accompanying and made a part of this chapter where the street layout
actually on the ground varies from the street layout on the aforesaid
map.
(5)
The Board shall have the power to call on any other Village department
for assistance in the performance of its duties and it shall be the
duty of such other department to render such assistance as may be
reasonably required.
E.
Powers limited. Except as specifically provided, no action of the
Board shall have the effect of permitting in any district uses prohibited
in such district; nor shall such Board be permitted to take any action
which would, in effect, create a buildable lot smaller than the minimum
lot size or area otherwise required by the Village.
A.
Authority. Whenever the public necessity, convenience, general welfare
or good zoning practice requires, the Village may, by ordinance, change
the district boundaries or amend, change or supplement the regulations
established by this chapter or amendments thereto. Such change or
amendment shall be subject to the review and recommendation of the
Plan Commission.
B.
Initiation. A change or amendment may be initiated by the Village
Board, the Plan Commission or by a petition of one or more of the
owners or lessees of property within the area proposed to be changed.
C.
Petitions. Petitions for any change to the district boundaries or
amendments to the regulations shall be filed with the Village Clerk
and shall describe the premises to be rezoned or the regulations to
be amended, list the reasons justifying the petition, specify the
proposed use and have attached the following:
(1)
A plot plan showing the area proposed to be rezoned, its location,
its dimensions, the location and classification of adjacent zoning
districts and the location and existing use of all properties within
200 feet of the area proposed to be rezoned.
(2)
The owners' names and addresses of all properties lying within 200
feet of the area proposed to be rezoned.
(3)
Additional information required by the Plan Commission.
D.
Recommendations. The Plan Commission shall hold a public hearing
as provided for in § 62.23(7)(d), Wis. Stats., and review
all proposed changes and amendments within the corporate limits and
shall recommend that the petition be granted as requested, modified
or denied. The recommendation shall be made at a meeting subsequent
to the meeting at which the petition is first submitted and shall
be made in writing to the Village Board. The Village Clerk shall publish
a Class 2 notice of the hearing, and the hearing shall be held not
less than 10 days after the second notice.
E.
Village Board action. After careful consideration of the Plan Commission
recommendations, the Village Board shall vote on the passage of the
proposed change or amendment. If the Village Board denies the proposed
change or amendment, a similar petition for such change or amendment
may not be submitted for a period of one year.[1]
See the Village Fee Schedule on file in Village office.
It shall be the duty of the Zoning Administrator, with the aid
of the Police Department, to enforce the provisions of this chapter.
Any person who violates, disobeys, neglects, omits or refuses
to comply with, or who resists the enforcement of any of the provisions
of this chapter, shall forfeit a sum of not less than $10 nor more
than $200, together with the costs of prosecution, and, in case of
nonpayment of such forfeiture, shall be imprisoned in the County Jail
for a term of not more than 30 days or until such judgment is paid,
and each day of violation shall constitute a separate offense.
