[Amended 5-5-2008 by Ord.
No. 2008-10; 6-2-2008 by Ord. No. 2008-16; 7-14-2008 by Ord. No. 2008-22; 2-16-2009 by Ord. No. 2009-03; 6-15-2009 by Ord. No.
2009-18; 8-17-2009 by Ord. No. 2009-19; 9-14-2009 by Ord. No. 2009-20; 1-18-2010 by Ord. No. 2010-06; 6-4-2012 by Ord. No. 2012-09; 3-18-2013 by Ord. No.
2013-03; 1-6-2014 by Ord. No. 2014-02; 6-16-2014 by Ord. No. 2014-10; 9-15-2014 by Ord. No. 2014-13; 11-17-2014 by Ord. No. 2014-15; 12-15-2014 by Ord.
No. 2014-16; 9-21-2015 by Ord. No. 2015-10; 11-2-2015 by Ord. No. 2015-14; 9-19-2016 by Ord. No. 2016-11; 8-20-2018 by Ord. No.
2018-09]
[DATCP Submittal Date: January 22, 2015]
(1)
Title. This ordinance shall be known, cited and referred to as the
Village Zoning Ordinance, Brown County, Wisconsin.
(2)
Authority. The Village, pursuant to Wis. Stats. § 60.74
and § 60.75 (1953 as amended), Wis. Stats. § 60.61
through § 60.66 (1987-88 as amended) and Section 12 of the
Village Zoning Ordinance enacted June 8, 1953, hereby amends that
ordinance to read as follows.
(1)
Intent. This ordinance is intended to promote the orderly development
of the community in accordance with the Official Village Comprehensive
Plan or any of the component parts thereof.
(2)
Purpose. The Zoning Ordinance of the Village, Brown County, Wisconsin,
is adopted for the following purposes:
(a)
To lessen congestion in the streets;
(b)
To secure safety from fire, panic, and other dangers;
(c)
To promote and to protect the public health, safety, comfort,
convenience, and general welfare;
(d)
To provide adequate standards of light, air, and open space;
(e)
To maintain the aesthetic appearances and scenic values of the
Village;
(f)
To prevent the overcrowding of land;
(g)
To avoid undue concentration of population;
(h)
To facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements;
(i)
And to foster a more rational pattern of relationship among
agricultural, residential, business, commercial, and manufacturing
uses for the mutual benefit of all.
(3)
Severability. If any section, clause, provision, or portion of this
ordinance is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected
thereby.
If any application of this ordinance to a particular structure,
land, or water is adjudged unconstitutional or invalid by a court
of competent jurisdiction, such judgment shall not be applicable to
any other structure, land, or water not specifically included in said
judgment.
(1)
General. For the purpose of this ordinance, words used in the present
tense shall include the future; and words used in the singular number
shall include the plural number, and the plural the singular.
(a)
The word "shall" is mandatory and not discretionary.
(b)
The word "may" is permissive.
(c)
The word "lot" shall include the words, "piece", "parcel", and
"plats".
(d)
The word "building" includes all other structures of every kind
regardless of similarity to buildings.
(e)
The phrase "used for" shall include the phrases "arranged for",
"designed for", "intended for", and "occupied for".
(f)
All "measured distances" shall be to the nearest "integral inch".
If a fraction is one-half inch or less, the next "integral inch" below
shall be taken.
(g)
Any words not herein defined shall be construed as defined in
other respective state, county, and Village codes.
(2)
ACCESSORY USE OF BUILDING
(a)
(b)
(c)
AGRICULTURE
AIRPORT
ALLEY
ANTENNA
APPURTENANCES
ARTIFICIAL LAKES OR PONDS
BASEMENT
BLOCK
BOARDING, LODGING AND BED AND BREAKFAST HOUSES
BUILDING
BUILDING HEIGHT
BUILDING PERMITS
BUILDING SET BACK LINE
CAMPGROUND
CARPORT
CLINIC, MEDICAL, OR DENTAL
CLUB
COMMERCIAL FEEDLOTS
COMMERCIAL VEHICLE
CONDOMINIUM, CO-OP
CORNER SIDE YARD
CUL-DE-SAC
DAY CARE AND DAY CARE HOME
DRIVE-THRU RESTAURANT
DWELLING
DWELLING UNIT
DWELLING, MULTIPLE FAMILY
DWELLING, SINGLE FAMILY
DWELLING, TWO FAMILY (DUPLEX)
EMPLOYEE or STAFF MEMBER, FULL TIME
FAA
FAMILY
FARM
FARM BUILDING
FCC
FLOOR AREA
FRONTAGE, LOT
FUR FARM
GARAGE, PRIVATE
GARAGE, PUBLIC AND STORAGE
GAZEBO
GRADE
GROUNDWATER
GROUP HOME
HARD SURFACED
HOME OCCUPATION
HOTEL
INDUSTRIAL PARK
JUNK (SALVAGE) YARD
KENNEL
LAKE
LOT
LOT AREA, GROSS
LOT LINE, FRONT
LOT LINES AND AREA
LOT OF RECORD
LOT, CORNER
LOT, DEPTH OF
LOT, INTERIOR
LOT, THROUGH
LOT, WIDTH
MANUFACTURED HOME — CLASS I
MANUFACTURED HOME — CLASS II
MANUFACTURED HOME PARK
MARINA
MOTEL
MOTOR VEHICLE SALES AND SERVICE, NEW AND USED
MOTOR VEHICLES
NON-CONFORMING STRUCTURE
NON-CONFORMING USE
OCCUPANCY PERMIT
OUTDOOR SOLID FUEL FURNACE
PARKING SPACE
PLANNED COMMERCIAL DEVELOPMENT
PLANNED DEVELOPMENT DISTRICT
PLANNING AND ZONING COMMISSION
POND
PRIMARY DETACHED GARAGE
PROFESSIONAL OFFICE
RESTAURANT
RETAIL
ROADSIDE STAND
SANITARY LANDFILL
SATELLITE DISH
SERVICE STATION AND GARAGE, AUTOMOTIVE
SETBACK
SIGN
SIGN, ADVERTISING
SLAUGHTERHOUSE
STOCKFARM
STORY
STREET/ROAD
STRUCTURAL ALTERATION
STRUCTURE
SWIMMING POOL
TELECOMMUNICATION TOWER
TEMPORARY USE
TRANSITIONAL FACILITY
USE, CONDITIONAL
USE, PERMITTED
USE, PRINCIPAL
VARIANCE
WATER TABLE
WELL
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZERO LOT LINE LOT
ZONING DISTRICT
Definitions.
A building or use which is:
Constructed or located on the same zoning lot as the principal
building or use served, except as may be specifically provided elsewhere
in this ordinance.
Clearly incidental to, subordinate in purpose to, and serves
the principal use.
Either in the same ownership as the principal use or is clearly
operated and maintained solely for the comfort, convenience, necessity,
or benefit of the occupants, employees, customers, or visitors of
or to the principal use.
The use of land for agricultural purposes, including soil
tillage for the production of crops, dairying, pasturage, apiculture,
horticulture, floriculture, viticulture, animal, fish and poultry
husbandry, and the necessary accessory uses for packing, treating,
or storing the produce; provided, however, that the operation of any
such accessory uses shall be secondary to that of the normal agricultural
activities. This shall also include land in federal land bank and
similar land preservation programs.
Any area of land or water which is used or intended for use
for the landing and taking off of aircraft, and any appurtenant areas
which are used or intended for use for airport buildings or other
airport facilities or right-of-way, including all necessary taxiways,
aircraft storage and tie-down areas, hangars, and other necessary
buildings and open spaces.
A public or private right-of-way, shown on a plot, primarily
designed to serve as secondary access to abutting properties.
A structure whose purpose is to receive or transmit communications
or other signals to or from land based or satellites and transfer
signal to or from the interior of a building.
An appendage or attachment to a building that constitutes
an outside dimension of said building, including attached porch, awning,
roof overhang, greenhouse, sunroom, and other similar appendages.
An artificial lake or pond is any body of water, conforming
to the definition of a lake or pond; that is made, fabricated, or
constructed, with human skill or skill and labor, by the dredging,
excavation, or mining of land. Maintenance or expansion of a natural
body of water by dredging or otherwise shall not be considered creation
of an artificial lake or pond under this definition. However, the
creation of an open body of water by dredging or excavation of a wetland
or any other area shall be subject to the rules and regulations pertaining
to artificial lakes and ponds.
That portion of any structure located all or partly underground.
The portion underground shall have more than one-half of its height
below the finished lot grade.
A tract of land bound by streets, or by a combination of
streets and public parks, cemeteries, railroad right-of-way, shorelines
of waterways, or municipal boundary lines, or other physical features.
A building or premises other than a motel or hotel where
lodging, or meals and lodging are furnished for compensation for two
or more persons not members of a family.
Any structure built, used, designed, or intended for the
support, shelter, protection, or enclosure of persons, animals, chattels,
or property of any kind. When a building is divided into separate
parts by unpierced fire or party walls extending continuously from
the ground through all stories to and above the roof, each part shall
be deemed a separate building.
The vertical distance measured from the finished first floor
grade to the midpoint of the facia line and top of roof.
Written permission issued by the proper municipal authority
for the construction, repair, alteration or addition to a structure.
A line located a stated distance from and parallel with a
lot line or street right-of-way, the nearest point to which a building
may be erected.
A tract or parcel of land on which space is provided for
camping. Includes day and overnight camping.
A permanent structure open on at least one side used to store
vehicles.
An organization of physicians or dentists, or both, who have
their offices in a common building. A clinic shall not include inpatient
care.
An association of persons for some common purpose but not
including groups organized primarily to render a service which is
customarily carried on as a business.
An agricultural enterprise where livestock are raised to
a designated weight or age and then sold.
A motorized licensed vehicle used in the operation or in
conjunction with any business or industry.
Individual ownership of a unit in a multiunit structure (as
an apartment building) or on land owned in common (as a town house
complex) also, a unit so owned; a building containing condominiums.
An area extending along a side lot line from front yard to
rear yard when said lot line is coterminous with a street right-of-way.
A local street open at one end only having a special turning
area at the closed end.
A licensed facility where a person, other than relative or
guardian, provides care and supervision for four or more children
under seven years of age, for less than 24 hours a day and for compensation.
An establishment which may provide permanent interior seating,
but allows window service and carry-out counter service for food products
to automobile customers.
A building, or portion thereof designed or used exclusively
for residential occupancy, including single family dwellings, two
family dwellings and multiple family dwellings, but not including
hotels and motels.
Consists of one or more rooms which are arranged, designed,
or used as living quarters for one family only. Individual bathrooms
and complete kitchen facilities, permanently installed, shall always
be included for each "dwelling unit".
A building used or designed as a residence for three or more
families including tenement houses, row houses, town houses, apartment
houses, and apartment hotels.
A building designed for and occupied exclusively by one family and meeting the building requirements as set forth in Section 18.04 (5).
A building designed for and occupied exclusively by two families and meeting the building requirements as set forth in Section 18.04 (5).
A person who works full time at the building or use regulated.
For computation of the sum of employees at a use scheduling more than
one shift, the sum shall be based on the maximum number of employees
at any one shift working at least 30 hours per week.
The Federal Aviation Administration.
Any number of individuals related by blood, adoption, marriage,
or not to exceed two persons not so related, living together on the
premises as a single housekeeping unit, including any domestic servant.
A tract of agricultural land, together with the fields, buildings,
animals, and personnel there assembled for the purpose of producing
a crop or crops, or the raising, breeding, or production of animals
or plant life. See 18.07(1) for "Farms" located within AG-FP zoning
district.
Any building used for the continuance of farming operations,
excluding a dwelling and its accessory buildings.
The Federal Communications Commission.
(For determining off-street parking and loading requirements)
Shall mean the sum of the gross horizontal areas of the several floors
of the building or portion thereof, devoted to such use, including
accessory storage areas, located within selling or working space,
such as counters, racks or closets, and any basement floor area devoted
to retailing activities, to the production or processing of goods,
or to business or professional offices. However, "floor area" for
the purpose of measurement for off-street parking spaces shall not
include: floor area devoted primarily to storage purposes (except
as otherwise noted herein); floor area devoted to off-street parking
or leading facilities, including aisles, ramps, and maneuvering space;
or basement floor area other than area devoted to retailing activities,
to the production or processing of goods, or to business or professional
offices.
The length of all the property of such lot fronting on a
street, measured along the front lot line between two exterior side
lot lines and being parallel to the road/street.
Agricultural operation where the major income is derived
from the selling or sale of fur bearing animals and/or pelts.
An accessory to the main building which provides for storage
of motor vehicles and in which no occupation, business, or service
for a profit is carried on.
Any building or premises other than a private garage, where
motor driven vehicles are equipped, repaired, serviced, hired, or
stored.
An accessory building consisting of a detached, covered,
freestanding, open-air structure which may be enclosed with screening
or glass intended to be used for outdoor living activities.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building.
Groundwater is water beneath the surface of the ground in
a saturated zone.
A facility or dwelling unit housing persons unrelated by
blood or marriage and operating as a group family household as described
in Wis. Stats. § 60.63. A group care facility may include
halfway houses; recovery homes; and homes for orphans, foster children,
the elderly, battered children, and women. It also could include a
specialized treatment facility providing less than primary health
care.
A driveway or parking lot surfaced with concrete or bituminous
paving.
The use of a home for gainful occupation in a residential
zoning district that is clearly incidental to and secondary to the
use of a dwelling by only persons residing in said home.
[Amended 9-21-2020 by Ord. No. 2020-12]
A building in which lodging, with or without meals, is offered
to transient guests for compensation and which there are more than
five sleeping rooms with or without cooking facilities in any individual
room or apartment.
A special or exclusive type of planned area designed and
equipped to accommodate a community of industries.
An area, inside a building or outside a building where waste
or scrap materials are brought, sold, exchanged, stored, baled, packed,
disassembled, or handled, including, but not limited to: scrap iron
and other metals, paper, rakes, rubber tires, glass, plastic, and
automobiles. This definition shall include motor vehicle grave yards.
Any lot or premises wherein or whereon more than three dogs,
at least five months of age or older are kept, either permanently
or temporarily, for board, propagation, training, sales, or other
uses excluding pets.
An inland body of water, either natural or artificially created,
of five acres or more.
A parcel of land, having a width and depth sufficient to
provide the space necessary for one or more permitted or conditional
uses, abutting on a public street.
The area of a horizontal plane bounded by the front, side,
and rear lot lines, but not including any area occupied by the waters
of a duly recorded lake or river and/or public right-of-way.
Same as front right-of-way line.
The peripheral boundaries of a parcel of land including the
street right-of-way lines and the total area lying within such boundaries.
A lot which is part of a subdivision, the plat of which has
been recorded in the office of the Register of Deeds of Brown County;
or a parcel of land, the deed to which was recorded in the office
of said Register of Deeds prior to the adoption of this code.
A lot located at the intersection of two streets, the interior
angle of such intersection not exceeding 135°. See Appendix A,
Exhibit 2.
The mean horizontal distance between the front lot line and
the rear lot line of a lot measured within the lot boundaries. See
Appendix A, Exhibit 3.
A lot other than a corner lot. See Appendix A, Exhibit 2.
Interior lot having frontage on two non-intersecting streets.
The front yard determined after construction of primary structure
and the rear yard having a special setback equal to the front yard
setback for the zoning district in which it lies. See Appendix A,
Exhibit 2.
The horizontal distance between the side lot lines of a lot,
measured at the widest width within the first 40 feet of a lot depth
immediately in back of the front right-of-way line. It must be parallel
to street. Such minimum lot width may be measured at the building
setback line only if said lot is located on the outer radius of a
curved street such as a cul-de-sac. However, in no case shall the
lot frontage measured at the right-of-way line be less than 60 feet
wide. When measuring at the building setback, on a curved street,
the width shall be at right angles to a radial line. (See Exhibit
A, Diagrams 5-8).
A structure, transportable in one or more sections built on a permanent chassis and designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, and air conditioning systems contained in it, and is certified and labeled as a manufactured home under 42 U.S.C. Sections 5401 to 5426. For purposes of this ordinance, a manufactured home Class I shall be considered a single family or two family home when meeting the requirements of Section 18.04 (4), therefore, may be located in any district permitting such use.
A structure, transportable in one or more sections built
on a permanent chassis and designed to be used as a dwelling unit,
with or without permanent foundation, when connected to the required
utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained in it, and built prior to the enactment
of the Federal Manufactured Construction and safety Standards Act
of 1974, which became effective July 15, 1996.
Any park, court, camp, site, lot, parcel or tract of land
designed, maintained, intended or used for the purpose of supplying
a location or accommodations for two or more manufactured homes, and
shall include all facilities used or intended for use as part of the
equipment thereof. Manufactured home park shall not include automobile
or manufactured home sales lots on which unoccupied manufactured homes
are parked for purposes of inspection and sale.
An area for the launching, docking, storage, sales or rental
of boats for compensation, including activities directly related to
boating needs such as fuel sales, waste pumping, or boat repair.
Establishment consisting of a group of attached or detached
living or sleeping accommodations with bathroom and closet space,
located on a single zoning lot and designed for use by transient guests;
and where there is no permanent occupancy of any unit except by the
owner, his/her agent or his/her employees.
A building or premises used primarily for one or more of
the following:
Any vehicle used or intended to be used for transportation
of freight or passengers propelled or drawn by mechanical or electrical
power, except a device used exclusively on stationary rail or tracks
or in the water.
A structure or building, the size dimensions, or location
of which was lawfully existed at the time of adoption, revision, or
amendment of the zoning ordinance which no longer conforms to the
zoning standards because of said revision or amendment.
Any use of land, buildings, or structures, lawful at the
time of the enactment of this code, which does not comply with all
of the regulations of this code or of any amendment here to governing
use for the zoning district of which such use is located.
A required permit allowing occupancy of a building or structure
after it has been determined that the building meets all the requirements
of applicable ordinances.
Any detached energy system, such as wood or other solid fuel
burners, boilers or furnaces, associated with the production of useable
heat or energy, which is not located within another structure.
A graded and surfaced area of not less than 200 square feet
in area either enclosed or open for the parking of a motor vehicle,
having adequate ingress and egress to a public street or alley.
An area of land, controlled by a single owner, corporation,
or any legal entity, to be developed as a single owner, corporation,
or any legal entity, to be developed as a single entity for commercial
uses, the plan for which is unique in the establishment of combinations
of developments and uses, and open spaces or common facilities.
An area of land, controlled by a single owner, corporation,
or other legal entity, which is to be developed as a single unit,
and is referred to as PDD.
Referred to in this ordinance shall be construed to mean
the body authorized to consider planning matters and make recommendations
to the Board, and administer the said Zoning Ordinance.
An inland body of water, either natural or artificially created,
of less than five acres.
An accessory building located in reasonable proximity to
a home without an attached garage with direct access for vehicular
storage and finished with materials similar to the home.
The office of a doctor, practitioner, dentist, minister,
architect, landscape architect, professional engineer, lawyer, author,
musician, or other recognized profession.
An establishment with interior/exterior seating which provides
food service to customers.
Sale of commodities and services directly to customers when
such commodities and services are used or consumed by the customer
and not purchased primarily for purpose of resale.
A structure of not more than 300 square feet in floor area,
not more than 10 feet in height, not permanently fixed to the ground
and is readily removable in its entirety, covered or uncovered and
not wholly enclosed used for the seasonal sale of fruits, vegetables,
agricultural products or commodities associated with national holidays
(i.e. fireworks or Christmas trees). A stand for the seasonal sale
of fireworks or other holiday commodities shall be considered to be
a roadside stand for the purposes of this code whether or not located
within a permanent structure.
Disposal of refuse on land without creating a nuisance or
hazard to public health or safety by utilizing the principles of engineering
to confine the refuse to the smallest practical volume, and to cover
it with a layer of earth at the conclusion of each day's operation
or at more frequent intervals.
An antenna whose purpose is to receive communications or
other signals from orbiting satellites and other extraterrestrial
sources and magnify and transfer signals to the interior of a building.
A building or premises used primarily for one or more of
the following:
Minimum horizontal distance between a building including
appurtenances or structures and the lot line.
A name, identification, description, display, or illustration
which is affixed to, or represented directly or indirectly upon, a
building, structure, or piece of land, and which directs attention
to an object, product, place, activity, person, institution, organization,
or business. However, a "sign" shall not include any display of official
court or public office notices, nor shall it include the flag emblem,
or insignia of a nation, political unit, school, or religious group.
A "sign" shall not include a sign located completely within an enclosed
building unless the content shall so indicate.
A sign which directs attention to a business, commodity,
service, or entertainment not exclusively related to the premises
where such sign is located or to which it is affixed.
A building or portion thereof used in the conducting of a
business enterprise where animals are butchered or where animals or
parts thereof are processed, cut, or altered.
An agricultural operation, usually non-dairying in nature,
where livestock are raised to the required age or weight for slaughterhouse
purposes or for sale to commercial feedlots.
That part of a building between any floor and the floor next
above, and if there is no floor above, then the ceiling above. A basement
is a story if its ceiling is five feet or more above the level from
which the height of the building is measured, or it is used for business
purposes, or if it contains any dwelling units other than one dwelling
unit for the caretaker of the premises.
A public right-of-way which affords a primary means of vehicular
access to abutting property, whether throughway, or however otherwise
designated, but does not include driveways to buildings.
Any change, other than incidental repairs, in the supporting
members of a structure, such as the addition, removal, or alteration
of bearing walls, columns, beams, girders, roofs or foundations, excepting
alterations which may be required for the safety of the structure.
Anything constructed or erected, the use of which requires
a location on the ground or attached to something having a location
on the ground.
A pool constructed for swimming or wading, either above or
below ground.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more telecommunication antennas,
including self-supporting lattice towers, guy towers, or monopole
towers. The term shall include radio and television transmission towers,
microwave towers, common-carrier towers, cellular telephone towers,
PCS towers and the like.
Short-term use of vehicle, mobile home, or movable structure
(non-permanent) as determined by review of the Suamico Planning and
Zoning Commission. Each situation shall constitute a separate review
and a separate decision by the Suamico Planning and Zoning Commission.
This temporary use shall not exceed 90 days without reapplication
in any one-year period.
A premises, other than a community living arrangement or
community based facility, for the temporary placement of persons on
parole, extended supervision or probation in a controlled environment
including supervision or monitoring.
A use, either public or private, which, because of its unique
characteristics, cannot be properly classified as a permitted use
in a particular district or districts. Conditions may be attached
as part of the approval.
A use which may be lawfully established in a particular district
or districts, provided it conforms with all requirements, regulations,
and standards of such district.
The main use of land or building as distinguished from a
subordinate or accessory use. A "principal use" may be "permitted"
or "conditional".
A variance is permission granted by the Board of Appeals
to build or develop in a way which is inconsistent with the dimensional
standard contained in the code.
The water table is the level below the ground at which the
soil or rock is saturated with water, sometimes referred to as the
upper surface of the saturated zone.
A well is a vertical excavation that taps an underground
liquid-bearing rock formation. The primary use of this definition
in this ordinance refers to wells drilled to obtain water, to monitor
the quality of water or to determine the depth of the water table.
For the purpose of this ordinance a high-capacity well is a well that
delivers or is capable of delivering a water flow of more than 70
gallons per minute.
Open space on the same lot with a building or structure,
unoccupied and unobstructed from the ground upward, except for vegetation.
A "yard" extends along a lot line, and to a depth or width specified
in the yard requirements for the zone the lot is located in.
A yard extending along the full length of the front lot line
between the side lot lines. See Appendix A, Exhibit 1.
A yard extending along the full length of the rear lot line
between the side lot lines. See Appendix A, Exhibit 1.
A yard extending along a side lot line from the front yard
to the rear yard. See Appendix A, Exhibit 1.
A lot upon which a dwelling unit may be placed so that one
of its walls is placed upon a side lot line. In case of a two family
dwelling, this side wall is to be a common wall.
Divisions of the Village, each area being accurately defined
to boundaries and locations on the official zoning map and in the
zoning ordinance, for which the regulations and requirements governing
use, lot, and bulk of buildings and premises are uniform.
(1)
Jurisdiction. The jurisdiction of this code shall include all lands,
persons, and waters within the Village.
(2)
Existing Ordinance. Restrictions or requirements with respect to
buildings, land, water, persons, or animals, which appear in other
code of the Village or are established by federal, state, and county
laws, and which are greater than those set forth herein shall take
precedence over those herein. Otherwise, the provisions of this code
shall apply.
(3)
Building and Uses.
(a)
The use of buildings hereafter erected, enlarged converted,
structurally altered, rebuilt or moved, and existing land, shall be
used only for purposes as specified in this code. Furthermore, land
and building uses shall be in compliance with the regulations as established
herein for each district.
(b)
All dwellings shall be located on a lot; and only one dwelling
shall be located, erected or moved onto a lot, except for lots specifically
approved and excepted by the Board as duplex or multi-family, and
all lots shall have the required frontage on an approved Village road.
(c)
Permitted and permitted accessory uses are limited to the uses
indicated for the respective zone districts.
(d)
Conditional uses may be allowed, limited to the uses indicated
for the respective zone districts, upon written recommendation by
the Planning and Zoning Commission and approval of the Board.
(e)
Accessory buildings which are not a part of the main building
shall not occupy more than 30% of the area of the required rear or
side yard. All other accessory building requirements are set forth
by zoning districts.
(f)
No lot area shall be reduced by the owner so that the yards
and open spaces shall be smaller than is required by this code.
(g)
If the lot area is less than the minimum number of square feet
per family dwelling required for the district in which it is located
and was of record as such at the time of the passage of this code,
such lot may be occupied by a single family dwelling if it meets the
requirements of the Brown County Code of Ordinances.
(h)
Where a building permit for a building or structure has been issued in accordance with regulations set forth in this code, and provided that construction is begun within six months from date of issuance and completed within two years the said building or structure shall be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, shall upon completion be occupied under a certificate of occupancy by the use for which originally designed and subject thereafter to the provisions of Section 18.99.
(i)
Other structures or buildings allowed as permitted or conditional
uses within Ag-Agriculture District shall meet the requirements of
the district and the Village Zoning Ordinance.
(5)
Residential Dwelling Standards. All single family and two family residential dwellings shall meet the following requirements as set forth in this section. Any home not meeting the requirements of this section shall be treated as a Manufactured Home Class II and may only be placed in a manufactured home park pursuant to Section 18.16 as set forth in this code.
(a)
Minimum Floor Area. Minimum size of a residential dwelling shall
be 1,200 square feet above grade.
[Amended 5-17-2021 by Ord. No. 2021-06]
(b)
Roof Pitch and Overhang. All main buildings shall have a minimum
pitch of four inches per 12 inches of run, with a minimum of twelve-inch
roof overhang on each of the dwelling's perimeter walls, such that
the overhang is structurally integrated into the design of the dwelling.
Exception: Homes with significant architectural design that would
otherwise be excluded by these requirements may be permitted after
review and approval by the Zoning Administrator.
(c)
Roofing Materials. All accessory structures on a lot shall be
of like materials to the primary structure, unless approved by the
Zoning Administrator. Corrugated sheets of metal, fiberglass, plastic,
or its equivalent may be allowed provided the following is met:
(d)
Siding Materials. All main buildings and all detached garages
located on a lot shall have exterior siding material consisting of
weatherproof material such as wood, masonry, concrete, stucco, masonite,
vinyl, aluminum, or metal lap. The exterior siding material shall
extend to ground level except that, when a solid concrete or masonry
perimeter foundation is used, the siding material need not extend
below the top of the foundation.
(e)
Foundation. All dwellings shall have a properly engineered,
permanently attached means of support meeting the applicable installation
requirements and all applicable building codes. In the event that
a manufactured home does not utilize a perimeter load bearing foundation,
any space between ground level and siding shall be enclosed with permanent,
non-load bearing concrete or masonry having a foundation-like appearance.
(f)
Minimum Width. The minimum width of the main structure of a
dwelling shall be 20 feet.
(g)
Wheels and Axles. All tow bars, wheels, and axles shall be removed
when the dwelling is installed on a residential lot.
(6)
Moving of Buildings. A permit shall be obtained from the Building
Inspector prior to the moving of any building or structure. The applicant
shall be a qualified building mover. Application for this permit shall
include photographs of the building, site plan showing lot and house
dimensions, and required bond.
(a)
Compliance. Building or structures moved shall conform with
the provisions of this chapter for new buildings and structures where
deemed practical by the Building Inspector. No building or structure
shall be moved in whole or in part to any other location on the same
lot or any other lot in the zone district unless every portion of
such building or structure which is moved shall conform to the zone
district requirements.
(b)
Conformance with Existing Buildings. The building or structures
to be moved shall conform with the existing buildings in the area
in which it is to be moved as determined by the Planning and Zoning
Commission.
(c)
Unsafe or Unfit Buildings. No building or structure shall be
moved if deemed structurally unsafe by the Building Inspector.
(d)
Bond Required. Before a permit to move any building or structure
is issued by the Building Inspector, the party applying shall give
a bond in the sum of $10,000, and liability insurance with good and
sufficient sureties to be approved by the Building Inspector and Board
conditioned, among other things, that such party will save and indemnify
judgments, costs, and expenses which may in any way accrue against
the Village and keep the Village harmless against all liabilities,
judgments, costs, and expenses in consequence of granting such permit.
(e)
Conditions of Approval. Every permit to move a building or structure
shall state all conditions to be complied with, designate the route
to be taken and limit of time for removal.
(f)
Regulations for Building in Transit. The removal of a building
shall be continuous during all hours of the day and at night if the
Building Inspector so orders until completed with the least possible
obstruction to thoroughfares. Warning lights shall be kept in conspicuous
places at each end of the building during the night. The route and
time of moving shall be approved in writing by the Administrator.
(g)
Damage to Streets and Highways. Every person receiving a permit
to move a building or structure shall, within one day after reaching
its destination, report the fact to the Building Inspector who shall
report the same to the Administrator who shall inspect the streets
and highways over which the building was moved or cause the same to
be done and ascertain their condition. If the removal of the building
or structure has caused any damage to the streets or highways over
which moved, the building mover shall immediately place them in as
good repair as they were before the permit was granted. Upon failure
of the building mover to do so within 10 days to the satisfaction
of the Administrator, the Administrator shall order the repair of
the damage done to such streets or highways and hold sureties of the
bond given by the building mover responsible for the payment of same.
(7)
Home Occupations.
[Amended 9-21-2020 by Ord. No. 2020-12]
(a)
As
defined in this ordinance, home occupations shall be permitted in
any residence of any zoning district provided:
1.
The
use shall be conducted entirely within a dwelling and carried on by
the inhabitants thereof and no others.
2.
The
use shall be clearly incidental and secondary to the use of the dwelling
for dwelling purposes, and the appearance of the structure shall not
be altered or the occupation within the residence be conducted in
a manner that would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds or vibrations that carry beyond the
premises.
3.
No
home occupation nor any storage of goods, materials or products connected
with a home occupation shall be allowed in accessory buildings, detached
garages or outside of the dwelling.
4.
There
shall be no display of products visible in any manner from the outside
of the dwelling.
5.
There
shall be no change in the outside appearance of the dwelling or premises
or any visible evidence of the conduct of a home occupation.
6.
The
area set aside for home occupations shall not exceed 25% of the total
floor area of such residence.
7.
No
advertising display signs shall be permitted.
8.
The
use shall not require additional off-street parking spaces or use
of the public right-of-way for clients or customers of the home occupation.
9.
There
shall not be direct sales of products on display shelves or racks,
but orders previously made electronically, by telephone or at a sales
party, may be filled on the premises and be made available for in-person
pickup.
10.
No motor power other than electrically operated motors shall be used
in connection with a home occupation.
11.
No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes, or odor detectable to the
normal senses off the property.
12.
No equipment or process shall be used which creates visual or audible
electrical interference in any radio or television receiver off the
premises or causes fluctuations in line voltage off the premises.
13.
No commercial telephone directory listing, newspaper, radio or television
service shall be used to advertise the location of a home occupation
to the general public.
14.
Notwithstanding any provision contained herein to the contrary, garage,
basement, yard or other similar sales shall not be allowed more than
twice each year, and each sale shall not last more than 72 consecutive
hours
(8)
Kennels. The following provisions shall apply to all kennels located
in the Village as either a permitted or conditional use:
(a)
All kennels shall provide adequate indoor housing for 100% capacity
of animals kept on the premises of sufficient construction as to eliminate
any noise or odor from leaving the property.
(b)
Such housing shall be adequately ventilated, cooled, and heated
to provide a year-round quality living environment for the animals
kept on the property. The adequacy of the ventilation, cooling, and
heating required shall be dependent on the breed of animal that is
kept on the premises. In the case of multiple breeds the facility
may require sectioning to provide differing provisions of ventilation,
cooling, and heating.
(c)
No animals shall be kept in any outdoor facility between the
hours of 10:00 p.m. to 7:00 a.m.
(d)
All outdoor facilities shall be maintained to provide a clean
environment for the animals being kept and to eliminate odor from
leaving the property and as much as possible onsite.
(e)
All kennels shall operate within full compliance of Wis. Stats.
Ch. 174 "DOGS".
(9)
Flea Markets and Farmer Markets. The following provisions shall apply
to all outdoor flea markets and farmers markets for the sale of products
by multiple venders on properties located within the Village:
(a)
All flea markets and farmers markets require a permit from the
Village.
(b)
Prohibited on residentially zoned properties.
(c)
Agriculturally zoned properties are limited to agriculture related
products.
(d)
Permits must be applied for a minimum of 30 days prior to the
first day of the event.
(e)
Any single parcel may be permitted for a maximum of 60 individual
days in any one calendar year. Events on multiple parcels will count
against each parcel's allowable days. Extensions must be reviewed
and approved by the Health and Safety Committee and the Board.
(f)
Signage shall conform to the temporary signage for roadside stands Section 18.17(3)(b)3 except that each vender shall be allowed the on-premise signage.
(g)
A site plan must be submitted which details all of the following:
(h)
A list of all venders must be submitted to the Village five
business days prior to the participation in the event.
(i)
Temporary vender structures shall be limited to 300 square feet
in area and limited to 10 feet maximum side wall height.
(j)
All venders with consumable products must contact the Brown
County Department of Health and be properly permitted (per DHFS 196
and Wis. Stats. Ch. 254).
(k)
All vender areas shall observe and conform to a ten-foot setback
requirement from any side or rear yard.
(l)
All right-of-way areas with less than 25 feet of setback must
restrict access to the right-of-way with fencing or other approved
devices.
(m)
Sale of sexually-orientated products prohibited.
(n)
Sale of alcohol, tobacco, explosives, hazardous materials, firearms,
or fireworks is prohibited.
(o)
Event times are limited to the hours of 6:00 a.m. to 8:00 p.m.
(p)
The Village reserves the right to suspend and/or revoke any
permit for violations of any condition of approval or any local, county,
state, or federal ordinance/code having jurisdiction. The Village
reserves the right to exclude any vender and/or event applicant for
good cause.
(q)
Fees will be as set from time to time by resolution of the Board.
(10)
Roadside Stands. The following provisions shall apply to all roadside
stands and stands for the sale of products associated with a national
holiday, except fireworks stands, located within the Village:
(a)
There shall be not more than one roadside stand on any one premises.
(b)
No such roadside stand shall be more than 300 square feet in
floor area and limited to 10 feet maximum height.
(c)
All roadside stands shall observe and conform to a ten-foot
setback requirement from any street right-of-way, front yard, corner
side yard, or double frontage.
(d)
Roadside stands for the purpose of the seasonal sale of fruits, vegetables, and agricultural products shall provide area for a minimum of three off-street parking spaces behind the setback of the zoning district and in conformance to the requirements of Section 18.04(16).
(e)
Roadside stands for the purpose of the sale of products associated with national holidays, except fireworks stands, shall provide a minimum of six off-street parking spaces behind the setback of the zoning district and in conformance to the requirements of Section 18.04(16).
(f)
The owner/operator of a roadside stand shall obtain a roadside
stand permit from the Building Inspector prior to the establishment
and/or operation of any roadside or fireworks stand. The owner/operator
shall submit a site plan, drawn to a scale of not less than one inch
equals 100 feet, which addresses the above requirements.
(g)
The Building Inspector shall issue a roadside stand permit for
any roadside stand that meets the above requirements for a roadside
stand upon receipt of the required site plan and one-time fee of $25.
Permits are renewable on a yearly basis provided no changes have been
made to the operation of the stand. In the event the roadside stand
operation is changed or altered a new permit, site plan, and fee shall
be required. The Building Inspector shall make the necessary onsite
inspections to determine conformance of all roadside stands with these
regulations.
(11)
Fireworks Stands. The following requirements shall apply to roadside
stands for the sale of fireworks located within the Village:
(a)
Roadside stands for the purpose of the sale of fireworks products shall provide a minimum of six off-street parking spaces behind the setback required for roadside stands and in conformance to the requirements of Section 18.04(16).
(b)
In addition to Section 18.04(11)(a), fireworks stands shall conform to the requirements of Section 18.04(10)(a), (b), and (c).
(c)
Roadside stands for the purpose of the sale of fireworks shall
be permitted only by conditional use approval in accordance to the
requirements of this ordinance. The application for conditional use
approval shall be accompanied by a site plan drawn to a scale of not
less than one inch equals 100 feet which addresses the above requirements
for a fireworks or national holiday stand.
(d)
The owner/operator of a fireworks stand shall obtain a roadside
stand permit from the Building Inspector prior to the establishment
or yearly continued operation of a fireworks stand. The Building Inspector
shall issue a roadside stand permit for any fireworks stand that has
received conditional use approval, meets the above requirements and
upon receipt of the appropriate permit fee and provision, by the owner,
of proof of insurance on the operation. The Building Inspector and
the Suamico Fire Department shall make the necessary on-site inspections
to determine conformance of all fireworks stands with these regulations
prior to any sales being conducted.
[Amended 5-17-2021 by Ord. No. 2021-06]
(12)
Area Regulations.
(a)
Lot size shall comply with the required regulations of the established
district.
(13)
Height Regulations.
(a)
Except as otherwise provided in this ordinance, the height of
any structures hereafter erected, converted, enlarged, or structurally
altered shall be in compliance with the regulations established herein
for the district in which such structure is located.
(b)
Churches, schools, hospitals, sanitariums, and other public
and quasi-public buildings may be erected to a height not exceeding
60 feet, provided the front, side, and rear yards required in the
district in which such building is to be located are each increased
at least one foot for each foot of additional building height above
the height limit otherwise established for the district in which such
building is to be located.
(14)
Front, Side, and Rear Yard Regulations.
(a)
No front yard shall be used for the storage of boats, vehicles,
or any other equipment except under the following conditions:
(b)
No accessory building or structure shall be allowed within the
front yard unless all of the following apply:
(c)
Allow an accessory building or structure within a corner side
yard. The setback from the right-of-way shall be the same as the front
yard setback of the zoning district for the accessory building.
(d)
No part of a yard or other open space provided around any building
for the purpose of complying with the provisions of this ordinance
shall be included as part of a yard or other open space required for
another building.
(e)
Buildings on through lots and extending from street to street
may waive the requirements for a rear yard by furnishing an equivalent
open space on the same lot in lieu of the required rear yard provided
that the setback requirements on both streets are complied with; and
further provided that no accessory building shall extend within the
setback line on either street.
(f)
Detached accessory buildings may be located in the rear yard,
or the side yard of a main building provided such accessory building
will meet district requirements.
(g)
Walks and drives extending not more than six inches above the
average ground level at their margin, may be located in any yard.
(15)
Fences, Walls, and Hedges.
(a)
A fence or wall may be erected, placed, or maintained along
a lot line on residentially zoned property or adjacent hereto to a
height not exceeding eight feet above the ground level. No fence or
wall which is located in a required front or corner side yard shall
exceed a height of three feet, except that a security or decorative
(no chain-link) fence or wall may extend above that, to a maximum
of six feet, provided the portion above three feet in height has an
average open space of at least 70% over the length of the fence. Requirements
of Subsection (15)(c) still apply.
[Amended 5-17-2021 by Ord. No. 2021-06]
(b)
No fence or wall shall be erected, placed, or maintained along
a lot line on any non-residential zoned property, adjacent to residentially
zoned property to a height exceeding eight feet.
(c)
In any district, no fence, wall, hedge, or shrubbery shall be
erected, constructed, maintained, or grown to a height exceeding three
feet above the street grade nearest thereto, within 25 feet of the
intersection of any right-of-way lines or of right-of-way lines projected.
(d)
The most attractive side of a fence shall face adjoining property.
(16)
Parking Standards. For all applicable regulations refer to Section 18.18, Off-Street Parking Requirements.
(17)
Outdoor Solid Fuel Furnaces. Outdoor solid fuel furnaces installed
after April 18, 2005, shall require a building permit and meet the
following requirements:
(b)
Conditional use regulations.
1.
No outdoor solid fuel furnace shall be located in a front or
corner yard.
2.
Minimum setback to rear or side yards shall be 100 feet.
[Amended 1-3-2022 by Ord. No. 2022-01]
3.
The installation and operation shall meet the requirements of
the manufacture's installation instructions.
[Amended 1-3-2022 by Ord. No. 2022-01]
4.
No outdoor solid fuel furnace shall create an undesirable impact
upon adjacent property or otherwise create a public nuisance. All
outdoor solid fuel furnaces are required to meet emission standards
currently required by the Environmental Protection Agency and the
Underwriters Laboratories listing.
(c)
An outdoor solid fuel furnace shall be considered exempt from
the total number of accessory structures allowed on a lot.
(1)
Zone Districts. For the purpose of this code, the Village, Brown
County, Wisconsin is hereby divided into the following zoning districts:
|
Ag
|
Agriculture
|
|
B
|
Business
|
|
AG — FP
|
Agricultural — Farmland Preservation
|
|
HB
|
Highway Business
|
|
RR
|
Rural Residential
|
|
I1
|
Industrial 1
|
|
RS
|
Residential Sewered
|
|
I2
|
Industrial 2
|
|
PDD
|
Planned Development District
|
|
NB
|
Neighborhood Business
|
|
PL&I
|
Public Lands and Institutions
|
|
TCOD
|
Town Center Overlay District
|
(2)
Zoning Map. The location and boundaries of the districts established
by the code are set forth on the zoning map entitled "Zoning District
Map for the Village, Brown County, Wisconsin, dated June 25, 1970",
and as amended which are incorporated herein and hereby made a part
of this code. The said maps, together with everything shown thereon
and all amendments thereto shall be as much a part of this code as
though fully set forth and described herein.
(3)
Zone Boundaries. The following rules shall apply with respect to
the boundaries of the various districts as shown on the zoning district
map.
(a)
District boundary lines are the center lines of highways, streets,
alleys, and pavement; or right-of-way lines of railroads, and expressways;
or section, division of section, tract and lot lines; or such lines
extended, unless otherwise indicated.
(b)
In areas not subdivided into lots and blocks, wherever a district
is indicated as a strip adjacent to and paralleling a street or highway,
the depth of such strips shall be in accordance with dimensions shown
on the maps measured at right angles from the center line of the street
or highway, and the length of frontage shall be in accordance with
dimensions shown on the map from section, quarter section, or division
lines, or center lines of streets and highways, or railroad rights-of-way,
unless otherwise indicated.
(c)
Where a district boundary line divides a lot in single ownership
on the effective date of this code, the Board of Appeals, after due
hearing, may extend the regulation for either portion of such lot.
(4)
Exempted Uses. The following uses are exempted by this code and permitted in any zone district: public highway rights-of-way and improvement projects, poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar distributing equipment for telephone or other communications; and electric power, gas, water and sewer lines, water towers and municipal wells provided that the installation shall conform to the Federal Communications Commission and Federal Aviation Agency rules and regulations, and other authorities having jurisdiction. However, all telecommunication towers and antennas are subject to the requirements prescribed in Section 18.19.
The following regulations shall apply in the Ag-Agriculture
District:
(1)
Permitted Uses.
(a)
Apiculture, dairying, floriculture, forestry, general farming,
grazing, non-commercial greenhouses, hatcheries, fish farms, horticulture,
livestock raising, non-commercial nurseries, non-commercial orchards,
pasturage, poultry raising, wildlife sanctuaries, kennels, game preserves,
and fur farms.
(b)
Single family dwellings.
(c)
Transmission lines, substations, telephone and telegraph lines,
and public utility installations.
(3)
Conditional Uses. The following uses may be considered for conditional use (see Section 18.04(3)(d)):
(6)
Building Setbacks. Building setbacks shall be those listed on a certified
survey map and/or plat duly approved by the Board for the Village
on or after September 16, 2002, or the setbacks listed below:
|
Yard
|
Resid. Dwell.
|
Farm Struct.
|
|---|---|---|
|
Front
|
45 feet min. from hwy. ROW
|
50 feet min. from hwy. ROW
|
|
Side
|
20 feet min.
|
75 feet min.
|
|
Rear
|
25 feet min.
|
75 feet min.
|
|
Corner Side
|
45 feet min. from hwy. ROW
|
50 feet min. from hwy. ROW
|
|
ROW = right-of-way
|
(7)
Building Size. Minimum size of residential dwelling shall be 1,200
square feet above grade.
[Amended 5-17-2021 by Ord. No. 2021-06]
The following regulations shall apply in the AG-FP - Agricultural
- Farmland Preservation District:
(1)
ACCESSORY USE
(a)
(b)
(c)
(d)
1.
2.
3.
4.
AGRICULTURAL USE
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
AGRICULTURE-RELATED USE
(a)
(b)
(c)
(d)
(e)
COMMON OWNERSHIP FOR PURPOSES OF THE FARMLAND PRESERVATION ORDINANCE
CONTIGUOUS
FARM
FARM RESIDENCE
GROSS FARM REVENUE
LIVESTOCK
OPEN SPACE PARCEL
PERSON
PRIME FARMLAND
(a)
(b)
PRIOR NONCONFORMING USE
PROTECTED FARMLAND
(a)
(b)
(c)
(d)
Definitions. In this farmland preservation ordinance:
Any of the following land uses on a farm:
A building, structure, or improvement that is an integral part
of, or is incidental to, an agricultural use.
An activity or business operation that is an integral part of,
or incidental to, an agricultural use.
A farm residence, including normal residential appurtenances.
A business, activity, or enterprise, whether or not associated
with an agricultural use, which meets all of the following requirements:
It is conducted on a farm by an owner or operator of that farm.
It requires no buildings, structures, or improvements other
than those described in par. a or c.
No non-farm resident employees except by conditional use approval.
Cannot employ more than four full-time employees annually.
It does not impair or limit the current or future agricultural
use of the farm or other protected farmland.
Any of the following activities conducted for the purpose
of producing an income or livelihood:
Crop or forage production.
Keeping livestock.
Beekeeping.
Nursery, sod, or Christmas tree production.
Floriculture.
Aquaculture.
Fur farming.
Forest management.
Enrolling land in a federal agricultural commodity payment program
or a federal or state agricultural land conservation payment program.
A facility, whether or not located on a farm, that has at
least one of the following as a primary and not merely incidental
purpose:
Providing agricultural supplies, agricultural equipment, agricultural
inputs or agricultural services directly to farms, including farms
in the farmland preservation zoning district.
Storing, processing or handling raw agricultural commodities
obtained directly from farms, including farms in the farmland preservation
zoning district.
Slaughtering livestock, including livestock from farms in the
farmland preservation zoning district.
Marketing livestock to or from farms, including farms in the
farmland preservation zoning district.
Processing agricultural by-products or wastes received directly
from farms, including farms in the farmland preservation zoning district.
Ownership by the same person or persons. Common ownership
includes land owned by the same individual, married couple, joint
tenants, tenants in common, corporation, LLC, partnership, estate
or trust. Solely for purposes of this definition, a parcel owned by
one member of a married couple is deemed to be owned by the married
couple.
Adjacent to or sharing a common boundary. Contiguous land
includes land that is separated only by a river, stream, section line,
public road, private road, railroad, pipeline, transmission line,
or transportation or transmission right-of-way. Parcels are not contiguous
if they meet only at a single point.
All land under common ownership that is primarily devoted
to agricultural use. For purposes of this definition, land is deemed
to be primarily devoted to agricultural use if any of the following
apply:
A single-family or duplex (by conditional use approval) residence
that is the only residential structure on the farm.
Gross receipts from agricultural uses, less the cost or other
basis of livestock or other agricultural items purchased for resale
which are sold or otherwise disposed of during the taxable year. Gross
farm revenue includes receipts accruing to a renter, but does not
include rent paid to the land owner.
Bovine animals, equine animals, goats, poultry, sheep, swine,
farm-raised deer, farm-raised game birds, camelids, ratites and farm-raised
fish.
A parcel on which no buildings, other than hunting blinds
or small sheds, have been constructed or approved for construction.
An individual, corporation, partnership, limited liability
company (LLC), trust, estate or other legal entity.
All of the following:
An area with a class I or class II land capability classification
as identified by the Natural Resources Conservation Service of the
United States Department of Agriculture.
Land, other than land described in par. 1., which is identified
as prime farmland in the county's certified farmland preservation
plan.
A land use that does not comply with this farmland preservation
zoning ordinance, but which lawfully existed prior to the application
of this ordinance.
Land that is any of the following:
Located in a farmland preservation zoning district certified
under ch. 91, Wis. Stats.
Covered by a farmland preservation agreement under ch. 91, Wis.
Stats.
Covered by an agricultural conservation easement under s. 93.73,
Wis. Stats.
Otherwise legally protected from nonagricultural development.
(2)
Land Use in Farmland Preservation Zoning District, General. Only
the following land uses are allowed in a farmland preservation zoning
district:
(3)
Permitted Uses. The following land uses are allowed without a conditional
use permit in a farmland preservation zoning district:
(a)
The following Agricultural uses on farms:
1.
Crop or forage production.
2.
Keeping of livestock.
3.
Beekeeping.
4.
Nursery, sod, or Christmas tree production.
5.
Floriculture.
6.
Aquaculture.
7.
Fur farming.
8.
Forest management.
9.
Enrolling land in a federal agricultural commodity payment program
or a federal or state agricultural land conservation payment program.
(b)
Undeveloped natural resource and open space areas.
(c)
Transportation, utility, communication, or other uses that are
required under state or federal law to be located in a specific place,
or that are authorized to be located in a specific place under a state
or federal law that preempts the requirement of a conditional use
permit for that use.
(4)
Accessory Uses. The following accessory uses are permitted in a farmland
preservation zoning district:
(a)
A building, structure, or improvement that is an integral part
of, or is incidental to, an agricultural use, including:
1.
A facility to store or process raw agricultural commodities,
all of which are produced on the farm.
2.
A facility used to keep livestock on the farm.
3.
A facility used to store or process inputs primarily for agricultural
uses on the farm.
4.
A facility used to keep or service vehicles or equipment primarily
employed in agricultural uses on the farm.
5.
A wind turbine or solar energy facility that collects wind or
solar energy on the farm, and uses or transforms it to provide energy
primarily for use on the farm.
6.
A manure digester, bio-fuel facility, or other facility that
produces energy primarily from materials grown or produced on the
farm primarily for use on the farm.
7.
A waste storage or processing facility used to store or process
animal waste produced solely from livestock kept on the farm.
(b)
An activity or business operation that is an integral part of
or incidental to, an agricultural use.
(c)
A single family farm residence, including normal residential
appurtenances such as a pool, deck, or patio.
(d)
A business, activity, or enterprise, whether or not associated
with an agricultural use, which meets all of the following requirements:
1.
It is conducted on a farm by an owner or operator of that farm.
2.
It requires no buildings, structures, or improvements other
than those described in 18.07(4)(a) and (c).
3.
No non-farm resident employees except by conditional use approval.
Cannot employ more than four full-time employees annually.
4.
It does not impair or limit the current or future agricultural
use of the farm or other protected farmland.
(5)
Conditional Uses.
(a)
General.
1.
The Village may issue a conditional use permit for a proposed
land use identified in this section if the proposed land use meets
applicable conditions under this section. The Village shall follow
the procedures described in 18.98(7).
2.
Before issuing a conditional use permit under par. 1., the Village
shall determine in writing that the proposed use meets applicable
conditions under this section. The Village may issue the permit subject
to any additional conditions which the Village deems necessary to
carry out the purposes of this ordinance.
(b)
Accessory Uses on Farms.
1.
The Village may issue a conditional use permit for any of the
following accessory uses:
(c)
Certain Agriculture-Related Conditional Uses.
1.
The Village may issue a conditional use permit for the certain
agricultural and agriculture-related uses under par. (5)(c)2. if all
of the following apply:
a.
The use supports agricultural uses in the farmland preservation
zoning district in direct and significant ways, and is more suited
to a farmland preservation zoning district than to an industrial or
commercial zoning district.
b.
The use and its location in the farmland preservation zoning
district are consistent with the purposes of the farmland preservation
zoning district.
c.
The use and its location in the farmland preservation zoning
district are reasonable and appropriate, considering alternative locations,
or are specifically approved under state or federal law.
d.
The use is reasonably designed to minimize conversion of land,
at and around the use site, from agricultural use or open space use.
e.
The use does not substantially impair or limit the current or
future agricultural use of other protected farmland.
f.
Construction damage to land remaining in agricultural use is
minimized and repaired to the extent feasible.
2.
Certain Agriculture-Related Conditional Uses Include:
a.
Farmstead food processing facilities.
b.
Farmstead retail outlets.
c.
On-farm fuel or agrichemical storage facilities.
d.
A grain warehouse, potato warehouse, or other warehouse that
stores raw agricultural commodities received from farms.
e.
A dairy plant that processes or handles milk from farms.
f.
A meat slaughter establishment.
g.
A food processing plant that processes raw agricultural commodities
received from farms.
h.
A feed mill or rendering plant that processes raw agricultural
commodities or agricultural by-products received directly from farms,
or supplies animal feed directly to farms.
i.
An ethanol plant, bio-diesel plant, communal manure digester,
pelletizing plant or other facility that processes raw agricultural
commodities, agricultural by-products or agricultural wastes (received
directly from farms) to produce bulk fuel or other bulk products.
j.
A sawmill or other facility that processes wood or other forest
products received directly from farms.
k.
A facility that provides farm inputs such as fertilizer, pesticides,
seed or feed directly to farms.
l.
A facility that is primarily engaged in sale and servicing of
farm vehicles or other farm equipment.
m.
A facility that is primarily engaged in providing agronomic
or veterinary services to farms.
(d)
Compatible Infrastructure.
1.
The Village may issue a conditional use permit for a proposed
use under par. (2) if all of the following apply:
a.
The use and its location in the farmland preservation zoning
district are consistent with the purposes of the farmland preservation
zoning district.
b.
The use and its location in the farmland preservation zoning
district are reasonable and appropriate, considering alternative locations,
or are specifically approved under state or federal law.
c.
The use is reasonably designed to minimize conversion of land,
at and around the site of the use, from agricultural use or open space
use.
d.
The use does not substantially impair or limit the current or
future agricultural use of other protected farmland.
e.
Construction damage to land remaining in agricultural use is
minimized and repaired to the extent feasible.
2.
The Village may issue a conditional use permit for any of the
following compatible infrastructure uses if that use meets applicable
conditions under par. 1.:
(e)
Government and Nonprofit Community Uses.
1.
The Village may issue a conditional use permit for a government
use, or for an institutional, religious or community use, if the Village
determines that all of the following apply:
a.
The use and its location in the farmland preservation zoning
district are consistent with the purposes of the farmland preservation
zoning district.
b.
The use and its location in the farmland preservation zoning
district are reasonable and appropriate, considering alternative locations,
or are specifically approved under state or federal law.
c.
The use is reasonably designed to minimize the conversion of
land, at and around the site of the use, from agricultural use or
open space use.
d.
The use does not substantially impair or limit the current or
future agricultural use of other protected farmland.
e.
Construction damage to land remaining in agricultural use is
minimized and repaired, to the extent feasible.
(f)
Nonmetallic mineral extraction. The Village may issue a conditional
use permit for nonmetallic mineral extraction if it determines that
all of the following apply:
1.
The operation complies with all of the following:
a.
Subch. I of ch. 295 and rules promulgated under that subchapter.
b.
Applicable provisions of ch. 14 of the Brown County Code of
Ordinances and 18.21 of the Suamico Municipal Code.
c.
Any applicable requirements of the Wisconsin Department of Transportation
concerning the restoration of nonmetallic mineral extraction sites.
2.
The operation and its location in the farmland preservation
zoning district are consistent with the purpose of the farmland preservation
zoning district.
3.
The operation and its location in the farmland preservation
zoning district are reasonable and appropriate, considering alternative
locations outside the farmland preservation zoning district, or are
specifically approved under state of federal law.
4.
The operation reasonably designed to minimize the conversion
of land around the extraction site from agricultural use or open space
use.
5.
The operation does not substantially impair or limit the current
or future agricultural use of other protected farmland.
6.
The conditional use permit requires the landowner to restore
the affected land after the nonmetallic mineral extraction operation
is completed. The permit shall require the landowner to restore the
land to a condition suitable for agricultural use, according to a
written restoration plan included with the permit.
(6)
Rezoning Land Out of a Farmland Preservation Zoning District.
(a)
Except as provided in sub. (2), the Village may not rezone land
out of a farmland preservation zoning district unless the Village
finds all of the following in writing, after public hearing, as part
of the official record of the rezoning, before granting the rezone:
1.
The rezoned land is better suited for a use not allowed in the
farmland preservation zoning district.
2.
The rezoning is consistent with any comprehensive plan, adopted
by the Village, which is in effect at the time of the rezoning.
3.
The rezoning is substantially consistent with the Brown County
Farmland Preservation Plan, certified under ch. 91, Wis. Stats., which
is in effect at the time of the rezoning.
4.
The rezoning will not substantially impair or limit current
or future agricultural use of other protected farmland. NOTE: By March
1 of each year, the zoning authority must report to DATCP and Brown
County the total acres rezoned, along with a map that clearly shows
the location of these areas, during the preceding year.
(b)
Subsection (a) does not apply to any of the following:
1.
A rezoning that is affirmatively certified by the Wisconsin
Department of Agriculture, Trade and Consumer Protection under ch.
91, Wis. Stats.
2.
A rezoning that makes the farmland preservation zoning ordinance
map more consistent with the Brown County Farmland Preservation Plan
Map, certified under ch. 91, Wis. Stats., which is in effect at the
time of the rezoning.
(7)
Dimensional Requirements.
(a)
Lot Requirements.
Area. All land whether one parcel or two or more contiguous
parcels that is under common ownership, 25 acres min, except that
non-contiguous parcels owned and operated by a qualifying farm at
the time of adoption of this ordinance that are less than the 25 acres
may remain AG-FP as long as no further land division occurs. Width.
250 feet min.
(b)
Height Regulations.
|
Farm Structures, except silos: 60 feet max.
|
|
Residential Dwellings: 35 feet max.
|
|
Accessory Buildings: 25 feet max.
|
(c)
Building Setbacks. Building setbacks shall be those listed on
a Certified Survey Map and/or Plat duly approved by the Board for
the Village on or after September 16, 2002, or the setbacks listed
below:
|
Yard
|
Resid. Struc.
|
Farm Struc.
|
|---|---|---|
|
Front
|
45 feet min. from hwy. ROW
|
50 feet min. from hwy. ROW
|
|
Side
|
20 feet min.
|
75 feet min.
|
|
Rear
|
25 feet min.
|
75 feet min.
|
|
Corner Side
|
45 feet min. from hwy. ROW
|
50 feet min. from hwy. ROW
|
|
ROW = right-of-way
|
(d)
Building Size. Minimum size of a residential dwelling shall
be 1,200 square feet above grade.
[Amended 5-17-2021 by Ord. No. 2021-06]
The following regulations shall apply in the RR-Rural Residential
District:
(2)
Permitted Accessory Uses.
(a)
No more than two per Section 18.04(3)(e) detached garage or accessory buildings. Gazebos less than 200 square feet are exempt from this requirement.
(b)
Private swimming pools and decks.
(c)
Home occupation without non-resident employees. No retail sales,
assembling or manufacturing allowed on-premise.
(d)
The keeping of chickens per 11.19.5 of the Suamico Municipal
Code.
(3)
Conditional Uses. The following uses may be considered for conditional use (see Section 18.04(3)(d)):
(4)
Lot Requirements.
(a)
Areas identified as "Future Rural Residential" in the most recently
adopted/amended Village Comprehensive Plan zoned Rural Residential
(RR) shall have the following minimum lot sizes:
1.
Area: 87,120 square feet (two acre) minimum.
2.
Width: 150 feet minimum.
3.
Exception: Those existing lots of record legally zoned Rural
Residential (RR) prior to the April 18, 2005 revision of this district
having less than 87,120 square feet (two acres) shall be considered
conforming lots for the purposes of this district. However in no instance
shall those lot sizes be further reduced while zoned Rural Residential
(RR).
(b)
Areas identified as "Future 14,000; 20,000; and/or 25,000; Square
Foot Residential" in the most recently adopted/amended Village Comprehensive
Plan zoned or requesting to be rezoned to Rural Residential (RR) shall
have the following minimum lot sizes:
(6)
Buildable Area. All lots (including planned developments and conservation
by design subdivision) created after April 18, 2005 shall have a minimum
buildable area of 10,000 square feet.
(7)
Building Setbacks. All building setbacks shall be measured from the
foundation wall, except that any overhang greater than two feet shall
require additional setback equal to the amount greater than two feet.
Building setbacks shall be those listed on a certified survey map
and/or plat duly approved by the Board for the Village on or after
September 16, 2002, or the setbacks listed below:
|
Yard
|
Princ. Struc.
|
Acces. Struc.
|
|---|---|---|
|
Front
|
45 foot min. from street ROW
|
50 foot min. from street ROW
|
|
Side
|
20 foot min.
|
20 foot min.
|
|
Rear
|
25 foot min.
|
20 foot min.
|
|
Corner Side
|
45 foot min.
|
50 foot min.
|
|
ROW = right-of-way
|
(8)
Building Size. Minimum size of a residential dwelling shall be 1,200
square feet above grade.
[Amended 5-17-2021 by Ord. No. 2021-06]
The following regulations shall apply in the RS-Residential
Sewered District:
(1)
Permitted Uses.
(a)
Single family dwellings.
(b)
Duplex/two family dwellings if approved by the Planning and
Zoning Commission and Board during the platting process, per Subsection
(11) below.
[Amended 5-17-2021 by Ord. No. 2021-06]
(c)
The production of crops (and soil tillage for the purpose of
producing the crops) on unplatted lands. The application of raw or
liquid manure would not be permitted.
(2)
Permitted Accessory Uses.
(a)
No more than one per Section 18.04(3)(e) detached garage or accessory building (maximum size 720 square feet) except duplex lots shall be limited to 360 square feet per side. An additional accessory building or additional 720 square feet is permitted if lot size meets or exceeds 40,000 square feet. The following shall be exempt from these requirements:
(b)
Private swimming pools and decks.
(c)
Home occupation without non-resident employees. No retail sales,
assembling, or manufacturing allowed on-premise.
(d)
The keeping of chickens per 11.19.5 of the Suamico Municipal
Code.
(3)
(6)
Buildable Area. All lots (including planned developments and conservation
by design subdivision) created after April 18, 2005 shall have a minimum
buildable area of 3,000 square feet.
(7)
Building Setbacks. All building setbacks shall be measured from the
foundation wall, except that any overhang greater than two feet shall
require additional setback equal to the amount greater than two feet.
Building setbacks shall be those listed on a certified survey map
and/or plat duly approved by the Board for the Village on or after
September 16, 2002, or the setbacks listed below:
|
Yard
|
Princ. Struc.
|
Acces. Struc.
|
|---|---|---|
|
Front
|
35 foot min. from street ROW
|
40 foot min. from street ROW
|
|
Side
|
10 foot min.
|
10 foot min.
|
|
Rear
|
25 foot min.
|
15 foot min.
|
|
Corner Side
|
35 foot min.
|
40 foot min.
|
|
ROW = right-of-way
|
(8)
Building Size.
[Amended 5-17-2021 by Ord. No. 2021-06]
(a)
Minimum size of a residential dwelling unit shall be 1,200 square
feet above grade.
(11)
Other Requirements.
(a)
Apartment units constructed within the RS District shall meet
the height regulations, setbacks, and lot area.
(b)
There shall be a minimum spacing of 500 feet between duplex
lots when not separated by a public road.
(c)
There shall be no more than one duplex lot per 10 lots within
any individual subdivision plat.
(d)
There shall be no more than two duplex lots on an intersection
containing four corner lots.
(e)
There shall be no more than one duplex lot located on an intersection
containing two corner lots. This will ensure a low density of duplexes
in a predominantly single family development area.
(f)
All corner lot duplexes shall access one unit to each street
unless otherwise specified.
(g)
All duplex lots must be identified on the preliminary and final
plat on the specific lot prior to any approvals. Any approvals by
the Board for duplex lots are at their discretion.
[Amended 5-17-2021 by Ord. No. 2021-06]
(12)
Zero Lot Line Duplexes, Four Plexes, and Condominiums.
(a)
Lots shall have not less than 50 feet of frontage measured along
the right-of-way line for each dwelling unit. If such lot is located
on the outer radius of a curved street or cul-de-sac, the frontage
may be measured at the building front setback line provided the right-of-way
frontage is at least 40 feet.
(b)
Lots shall have not less than 7,000 square feet in area for
each dwelling unit.
(c)
When attached dwelling units are created, matters of mutual
concern to the adjacent property owners, due to construction, catastrophe,
and maintenance, shall be guarded against by private covenants and
deed restrictions and the approving authorities shall not be held
responsible for same.
(d)
Easements shall be provided across zero lot lines where necessary
for water, sewer, and utility services.
(e)
When attached dwelling units are created, the plans, specifications
and construction of such buildings shall require the installation
and construction of separate sewer and other metered utility services
to each dwelling unit.
[Amended 2-7-2020 by Ord.
No. 2020-05]
(1)
Purpose. To provide for, properly control, and protect public, quasi-public,
and semi-public lands and buildings intended and used for the general
public welfare, including land reserves designated for future public
or institutional use.
(2)
Permitted Uses. No land in the Public Lands and Institutions District
shall be used or altered and no building or structure in the Public
Lands and Institutions District shall be used, erected, altered, or
enlarged except for the uses specified in this chapter.
(a)
Public gardens and forests.
(b)
Public sports fields and other recreational facilities, including
golf courses.
(c)
Open space for recreational use whether wild or developed.
(d)
Religious institutions.
(e)
Cemeteries: to provide, properly control, and protect land used
for interment of human remains and for related uses.
1.
Crematoria, monuments, chapels, administration and maintenance
buildings, and other buildings, structures, and facilities appurtenant
to the operation and care of cemeteries.
(f)
Public administration buildings, garages and warehouses, and
police and fire stations.
(g)
School-park sites.
(h)
Public, private, and parochial elementary and secondary schools.
(i)
Public, private, and parochial colleges.
(j)
Libraries.
(k)
Zoos, arboretums, and museums.
(l)
Similar uses determined appropriate by the Planning and Zoning
Commission. The location and architectural design of such buildings
and structures, whether publicly or privately owned, shall first be
submitted to the Planning and Zoning Commission for its consideration
and report before final action is taken thereon by the Board.
(3)
Conditional Uses. The following uses may be considered for conditional use [see § 18.04(3)(d)]:
(a)
Telecommunication towers.
(4)
Lot Area, Frontage, and Yard Regulations. All yard requirements shall
be reviewed by the Planning and Zoning Commission, before final action
is taken thereon by the Board, after investigation of the effect of
the proposed use upon the surrounding area and adjoining premises,
but in no case shall the minimum yard distance be less than as follows:
(a)
When abutting a residentially zoned property, setbacks shall
be no less than that of the abutting residential classification;
(b)
Zero-lot line may be permitted in situations where combining
of properties is not practical; or
(c)
The setbacks listed below:
|
Front
|
25-foot min. from street ROW
|
|
Side
|
10-foot min.
|
|
Rear
|
10-foot min.
|
|
Corner side
|
25-foot min.
|
ROW=right-of-way
The Business District is designed to accommodate those uses
where moderate-intensity retail, office and service uses are planned.
Businesses that typically involve outdoor display, storage and/or
sales, motor vehicle repair and other intensive or outdoor uses are
discouraged.
(1)
General Requirements. The following general requirements shall apply
in the Business District:
(a)
Uses. With the exception of approved accessory buildings and
uses, only principal retail or office uses are allowed.
(b)
Business. All business shall be conducted directly with consumers.
(c)
Goods. All goods produced on a premises shall be sold at retail
on the premises where produced.
(d)
Enclosed Buildings. Except for permitted accessory uses, outside sale and display (Section 18.11(5)), and except as specifically allowed as a conditional use in accordance with Section 18.99(7), all business, servicing, processing, sales, and storage shall be conducted within completely enclosed buildings.
(e)
All building, lighting, site, signage, and landscaping shall require Design Review Committee review for conformance to the provisions of this ordinance in relation to the standards adopted in Section 16.28 of the Village Municipal Code.
(f)
Developments located in special development areas (e.g. Town
Center) shall conform to the recommendations of those districts.
(g)
Stormwater plans shall be approved by the Engineer.
(2)
Permitted Uses.
(a)
Antique/Second hand/consignment shops.
(b)
Appliance dealers/repairs (household).
(c)
Art shops, galleries, and supply stores.
(d)
Bakery goods stores.
(e)
Banks and financial institutions.
(f)
Barber/Beauty/Tanning Shops.
(g)
Bicycle sales, rental, and repair stores.
(h)
Boat and marina supply dealers.
(i)
Book stores (including magazine and newspaper sales).
(j)
Business machine sales and service centers.
(k)
Catering establishments.
(l)
Clubs and lodges.
(m)
Computer and data processing services and dealers.
(n)
Copy and duplicating services.
(o)
Day care centers (group).
(p)
Electrical showrooms and shops.
(q)
Florist shops.
(r)
Fruit and produce stands.
(s)
Funeral homes.
(t)
Grocery and food stores.
(u)
Laboratories (medical, dental, research, and testing).
(v)
Laundries (full-service, employing not more than four persons).
(w)
Laundries (self service).
(x)
Lawn and garden supply, seed, and plant stores.
(y)
Lawn equipment sales and service centers.
(z)
Libraries.
(aa)
Locksmith shops.
(bb)
Meeting halls.
(cc)
Millinery shops.
(dd)
Motor vehicle parts, supplies and accessory stores, not to include
used auto salvage yards.
(ee)
Nursing homes and personal care facilities.
(ff)
Office machine sales and service shops.
(gg)
Offices (business, professional, and governmental).
(hh)
Orthopedic and medical appliance stores.
(ii)
Paint stores.
(jj)
Pet shops.
(kk)
Pharmacies.
(ll)
Photography studios.
(mm)
Picture framing shops.
(nn)
Plumbing showrooms and shops.
(oo)
Post offices.
(pp)
Radio and television stations.
(qq)
Recording studios.
(rr)
Rental service stores.
(ss)
Restaurants (including drive-in restaurants).
(uu)
Schools (dance, music, and business).
(vv)
Tailor shops.
(ww)
Taxidermists.
(xx)
Theaters (indoor).
(yy)
Ticket agencies (amusement).
(zz)
Tobacco shops.
(aaa)
Transportation ticket offices.
(bbb)
Travel agencies.
(ccc)
Any use deemed similar by the Zoning Administrator to the above
listed uses.
(3)
Permitted Accessory Uses.
(a)
General Requirements. Accessory uses and structures shall comply
with the following standards and all other applicable regulations
of this code.
1.
No accessory use or structure shall be constructed or established
on any lot prior to the time of construction of the principal use
to which it is accessory.
2.
The accessory use or structure shall be incidental to and customarily
associated with the principal use or structure served.
3.
The accessory use or structure shall be subordinate in area,
extent, and purpose to the principal use or structure served.
4.
The accessory use or structure shall contribute to the comfort,
convenience, or necessity of the occupants of the principal use or
structure.
5.
The accessory use or structure shall be located on the same
parcel as the principal use or structure.
(4)
Conditional Uses. The following may be considered as a conditional use (see Section 18.04(3)(d)).
(a)
Amusement establishments (archery ranges, bowling alleys, driving
ranges, shooting galleries, game rooms, swimming pools, skating rinks,
and similar facilities).
(b)
Auction rooms.
(c)
Boat and recreational watercraft rental businesses.
(d)
Car washes.
(e)
Dry cleaners.
(f)
Dwelling units and lodging rooms located above the first floor.
(g)
Gasoline and motor vehicle fuel sales businesses.
(h)
Hotels.
(i)
Kennels.
(j)
Laundries (full-service, employing more than four persons).
(k)
Lumber yards and building material sales centers.
(l)
Mail order houses.
(m)
Motels.
(n)
Outside business, servicing, processing, sales or storage (any
use or activity, other than off-street parking and loading, not conducted
within completely enclosed buildings).
(o)
Parking lots, garages, and structures (non-accessory).
(p)
Planned developments.
(q)
Public utility, governmental and service uses (except as specifically exempted in Section 18.05(4) of this ordinance).
(s)
Recreational buildings.
(t)
Restaurants primarily engaged in drive-in, drive-through, or
carry out services.
(u)
Taverns, cocktail lounges, and drinking establishments.
(v)
Veterinary clinics and hospitals.
(5)
Outdoor Sales and Displays. Outdoor sales or display are permitted
only when accessory to the permitted or conditional use. All outdoor
sales or displays are required to meet the following:
(a)
Maximum size of area without conditional use approval is 100
square feet.
(b)
All sales and display areas shall be removed at the end of every
business day.
(c)
Display areas must be located as to not interfere with pedestrian
or vehicular traffic, required parking areas or encroach upon landscaped
areas.
(d)
Temporary displays larger than 100 square feet will require
a special permit from the Zoning Administrator. Special permits if
granted shall be for a maximum of 30 days and no more than two permits
shall be issued per calendar year. Fees for temporary permits will
be as approved from time to time by resolution by the Board.
(7)
Height Regulations. All structures, 35 feet maximum.
(8)
Building Setbacks. Building setbacks shall be those listed on a certified
survey map and/or plat duly approved by the Board for the Village
on or after September 16, 2002, or the setbacks listed below:
[Amended 5-17-2021 by Ord. No. 2021-06]
|
Yard
|
Princ. Struc.
|
Acces. Build.
|
|---|---|---|
|
Front
|
25 foot min. from street ROW
|
45 foot min. from street ROW
|
|
Side
|
10 foot min.
|
10 foot min.
|
|
Rear
|
10 foot min.
|
10 foot min.
|
|
Corner Side
|
25 foot min. from street ROW
|
45 foot min. from street ROW
|
|
ROW = right-of-way
|
(9)
Building Size. All principal buildings, minimum 700 square feet.
(10)
Building Materials. 100% of a building elevation (non-window areas)
that fronts on a right-of-way or proposed right-of-way shall be constructed
with wood (manmade materials that give the appearance of wood are
acceptable), brick, stucco, stone, or decorative face concrete block.
Consideration will be given for metal lap siding, glass curtain walls
and other manmade materials if 50% of face is approved masonry materials.
The Highway Business District is designed to accommodate those
business and retail uses which provide merchandise and services desired
by motorists, directly from or for motor vehicles.
(1)
General Requirements. The following general requirements shall apply
in the Highway Business District:
(a)
Uses. With the exception of approved accessory buildings and
uses, only principal retail, office, and institutional uses are allowed.
(b)
Business. All business shall be conducted directly with consumers.
(c)
Goods. All goods produced on a premises shall be sold at retail
on the premises where produced.
(d)
Enclosed Buildings. Except for permitted accessory uses, outside sale and display (Section 18.12(5)) and except for services provided to and for motor vehicles, and except as specifically allowed as a conditional use in accordance with Section 18.99(7), all business, servicing, processing, sales, and storage shall be conducted within completely enclosed buildings.
(e)
All building, lighting, site, signage, and landscaping shall require Design Review Committee review for conformance to the provisions of this ordinance in relation to the standards adopted in Section 16.28 of the Village Municipal Code.
(f)
Developments located in special development areas (e.g. Town
Center) shall conform to the recommendations of those districts.
(g)
Stormwater plans shall be approved by the Engineer.
(2)
Permitted Uses.
(b)
Amusement establishment (archery ranges, bowling alleys, shooting
galleries, game rooms, swimming pools, skating rinks, and similar
facilities).
(c)
Auction rooms.
(d)
Boats and recreational watercraft business.
(e)
Car washes.
(f)
Commercial publishing and printing establishments.
(g)
Dry cleaners.
(h)
Hospitals.
(i)
Hotels.
(j)
Laundries (full-service, employing more than four persons).
(k)
Lumber yards and building material sales centers.
(l)
Mail order houses.
(m)
Motels.
(n)
Motorcycle dealers.
(o)
Motor vehicle dealers.
(p)
Motor vehicle rental and leasing businesses.
(q)
Parking lots, garages, and structures (non-accessory).
(r)
Passenger transportation services.
(s)
Public utility, governmental, and service uses (except as specifically exempted in Section 18.05(4).
(t)
Recreational buildings.
(u)
Recreational vehicle dealers.
(v)
Restaurants primarily engaged in drive-in, drive-through, or
carry out services.
(w)
Rooming and boarding houses.
(x)
Trailer dealers (utility).
(y)
Veterinary clinics and hospitals.
(3)
Permitted Accessory Uses.
(a)
General Requirements. Accessory uses and structures shall comply
with the following standards and all other applicable regulations
of this code.
1.
No accessory use or structure shall be constructed or established
on any lot prior to the time of construction of the principal use
to which it is accessory.
2.
The accessory use or structure shall be incidental to and customarily
associated with the principal use or structure served.
3.
The accessory use or structure shall be subordinate in area,
extent, and purpose to the principal use or structure served.
4.
The accessory use or structure shall contribute to the comfort,
convenience, or necessity of the occupants of the principal use or
structure.
5.
The accessory use or structure shall be located on the same
parcel as the principal use or structure.
(4)
Conditional Uses. The following may be considered as a conditional use (see Section 18.04(3)(d)).
(a)
Automotive/motor vehicle repair shops, garage, and service centers.
(b)
Farm machinery and equipment dealers.
(c)
Gasoline and motor vehicle fuel sales business.
(d)
Kennels.
(e)
Liquor stores.
(f)
Manufactured home dealers.
(g)
Mini-warehouse.
(h)
Outside business, servicing, processing, sales or storage (any
use or activity, other than off-street parking and loading, not conducted
within completely enclosed buildings).
(i)
Planned developments.
(j)
Tavern, cocktail lounges, and drinking establishments.
(k)
Trade schools.
(l)
Transitional facility.
(5)
Outdoor Sales and Displays. Outdoor sales or display are permitted
only when accessory to the permitted or conditional use. All outdoor
sales or displays are required to meet the following:
(a)
Temporary outdoor sales or displays:
1.
Maximum size of area is 100 square feet.
2.
All sales and display areas shall be removed at the end of every
business day.
3.
Display areas must be located as to not interfere with pedestrian
or vehicular traffic, required parking areas, or encroach upon landscaped
areas.
4.
Temporary displays larger than 100 square feet will require
a special permit from the Zoning Administrator. Special permits if
granted shall be for a maximum of 30 days and no more than two permits
shall be issued per calendar year.
5.
Fees for temporary permits will be as approved from time to
time by resolution by the Board.
(7)
Height Regulations. All structures: 35 feet maximum.
(8)
Building Setbacks. Building setbacks shall be those listed on a certified
survey map and/or plat duly approved by the Board for the Village
on or after September 16, 2002, or the setbacks listed below:
[Amended 5-17-2021 by Ord. No. 2021-06]
|
Yard
|
Princ. Struc.
|
Acces. Build.
|
|---|---|---|
|
Front
|
25 foot min. from street ROW
|
45 foot min. from street ROW
|
|
Side
|
10 foot min.
|
10 foot min.
|
|
Rear
|
10 foot min.
|
10 foot min.
|
|
Corner Side
|
25 foot min.
|
45 foot min.
|
|
ROW = right-of-way
|
(9)
Building Size. All principal buildings, minimum 700 square feet.
(10)
Building Materials. 100% of a building elevation (non-window areas)
that fronts on a right-of-way or proposed right-of-way shall be constructed
with wood (manmade materials that give the appearance of wood are
acceptable), brick, stucco, stone, or decorative face concrete block.
Consideration will be given for metal lap siding, glass curtain walls,
and other manmade materials if 50% of face is approved masonry materials.
The Neighborhood Business District is intended to serve the
retail and service needs of community with controlled impact to the
surrounding residential neighborhoods.
(1)
General Requirements. The following general requirements shall apply
in the Neighborhood Business District:
(a)
Uses. With the exception of approved accessory buildings and
uses, only principal retail or office uses are allowed.
(b)
Business. All business shall be conducted directly with consumers.
(c)
Goods. All goods produced on a premises shall be sold at retail
on the premises where produced.
(d)
Enclosed Buildings. Except for permitted accessory uses, outside sale and display (Section 18.13 (5) below), and except as specifically allowed as a conditional use in accordance with Section 18.99(7), all business, servicing, processing, sales, and storage shall be conducted within completely enclosed buildings.
(e)
All building, lighting, site, signage, and landscaping shall require Design Review Committee review for conformance to the provisions of this ordinance in relation to the standards adopted in Section 16.28 of the Village Municipal Code.
(f)
Developments located in special development areas (e.g. Town
Center) shall conform to the recommendations of those districts.
(g)
Stormwater plans shall be approved by the Engineer.
(2)
Permitted Uses.
(a)
Art supplies, shops, and galleries.
(b)
Bakeries, retail.
(c)
Banks, credit unions, financial institutions.
(d)
Barber and beauty shops, spas.
(e)
Book stores (including magazine and newspaper sales).
(f)
Boutiques, specialty clothing.
(g)
Community center, neighborhood center.
(h)
Dairy product retail stores.
(i)
Day care centers.
(j)
Delicatessens, cafes.
(k)
Drug stores.
(l)
Dry cleaning drop-off site.
(m)
Floral shops.
(n)
Gift shops.
(o)
General merchandise.
(p)
Hardware store.
(q)
Health club, fitness center, indoor recreation.
(r)
Insurance agents.
(s)
Jewelry stores.
(t)
Libraries.
(u)
Liquor/wine store.
(v)
Pet shops.
(w)
Photography studios.
(x)
Picture framing shops.
(y)
Professional offices.
(z)
Restaurants.
(aa)
Specialty foods.
(bb)
Small appliance sales and service (indoor appliance only).
(cc)
Video, DVD stores.
(3)
Permitted Accessory Uses.
(a)
General Requirements. Accessory uses and structures shall comply
with the following standards and all other applicable regulations
of this code.
1.
No accessory use or structure shall be constructed or established
on any lot prior to the time of construction of the principal use
to which it is accessory.
2.
The accessory use or structure shall be incidental to and customarily
associated with the principal use or structure served.
3.
The accessory use or structure shall be subordinate in area,
extent, and purpose to the principal use or structure served.
4.
The accessory use or structure shall contribute to the comfort,
convenience, or necessity of the occupants of the principal use or
structure.
5.
The accessory use or structure shall be located on the same
parcel as the principal use or structure.
(5)
Outdoor Sales and Display. Outdoor sales or display are permitted
only when accessory to the permitted or conditional use. All outdoor
sales or displays are required to meet the following:
(a)
Maximum size of area without conditional use approval is 100
square feet.
(b)
All sales and display areas shall be removed at the end of every
business day.
(c)
Display areas must be located as to not interfere with pedestrian
or vehicular traffic, required parking areas, or encroach upon landscaped
areas.
(d)
Temporary displays larger than 100 square feet will require
a special permit from the Zoning Administrator. Special permits shall
be for a maximum of 30 days and no more than two permits shall be
issued per calendar year.
(e)
Fees for temporary permits will be as approved from time to
time by resolution by the Board.
(6)
Hours of Operation. All business shall be conducted between the hours
of 7:00 a.m. and 9:00 p.m. unless approved by the Board.
(9)
Building Setbacks. All building setbacks shall be measured from the
foundation wall, except that any overhang greater than two feet shall
require additional setback equal to the amount greater than two feet.
|
Yard
|
Princ. Struc.
|
Acces. Build.
|
|---|---|---|
|
Front
|
25 foot min. from street ROW
|
35 foot min. from street ROW
|
|
Side
|
10 foot min.
|
10 foot min.
|
|
Rear
|
10 foot min.
|
10 foot min.
|
|
Corner Side
|
25 foot min. from street ROW
|
35 foot min. from street ROW
|
|
ROW = right-of-way
|
(12)
Building Materials.
(a)
100% of all building elevations (non-window areas) shall be
constructed with wood (manmade materials that give the appearance
of wood are acceptable), brick, stucco, stone, or decorative face
concrete block. Consideration will be given for metal lap siding,
glass curtain walls, and other manmade materials if 50% of face is
approved masonry materials.
(b)
All structures shall be of like materials.
(c)
All outside trash shall be kept in enclosed areas of like materials
of the main structure.
(13)
Parking. Parking shall conform to the requirements as set forth in Section 18.18, except that no parking area shall be in a front yard. All parking areas are required to be paved and properly marked.
The I1 Industrial District is designed primarily to accommodate
those business and commercial activities which may be incompatible
with the predominantly retail uses permitted in the Highway Business
or Business Districts; and whose service area is not confined to any
one neighborhood or community.
(1)
General Requirements. The following general requirements shall apply
in the I1 Industrial Zoning District:
(a)
Except for permitted off-street parking and loading, and except as specifically allowed as a conditional use in accordance with Section 18.99 (7) of this code, all business, servicing, processing, manufacturing operations, and storage shall be conducted within completely enclosed buildings.
(b)
All development shall comply with the requirements set forth
in the Village Industrial Park Land Use Controls.
(c)
No building or any improvement shall be erected, placed, or
altered on any building site until the plans for such building or
improvement, including site plan, landscape plan, building plan and
specifications, have been submitted for approval to the Board or its
designated agent or representative. The Board or its designated agent
or representative shall approve or disapprove such plans with respect
to conformity with the Village Industrial Park Land Use Controls and
other applicable codes and ordinances of the Village, and with respect
to harmony of external design and land use as it affects property
within and adjacent to the industrial park.
(d)
Stormwater plans shall be approved by the Engineer.
(2)
Permitted Uses. The following uses are allowed in the I1 Industrial
Zoning District. All other uses not specifically listed are prohibited.
(a)
Automotive repair garages.
(b)
Bakeries (wholesale).
(c)
Bedding manufacturing.
(d)
Building materials sales and storage.
(e)
Carpet and flooring manufacturing.
(f)
Cloth products manufacturing.
(g)
Contractor's offices, shops, and yards.
(h)
Cosmetic production.
(i)
Dairy products manufacturing, processing, and packaging.
(j)
Electronic and scientific precision equipment manufacturing.
(k)
Farm machinery and equipment dealers.
(l)
Feed and seed sales.
(m)
Glass products manufacturing.
(n)
Lithographing.
(o)
Lodges and offices of labor organizations.
(p)
Machinery and appliance manufacturing (light).
(q)
Manufacturing and bottling of non-alcoholic beverages.
(r)
Manufactured home dealers.
(s)
Municipal facilities.
(t)
Musical instrument manufacturing.
(u)
Orthopedic and medical appliance manufacturing.
(v)
Printing and publishing establishments.
(w)
Radio and television towers.
(x)
Sign manufacturing.
(y)
Sporting goods manufacturing.
(z)
Trade schools.
(aa)
Warehousing, storage, and distribution facilities.
(bb)
Parking lots.
(3)
Conditional Uses. The Planning and Zoning Commission shall make a
recommendation to the Board concerning the proposal. The conditional
uses may be allowed when determined not to be obnoxious, unhealthful,
or offensive.
(6)
Building Setbacks.
(a)
Building setbacks shall be those listed on a certified survey
map and/or plat duly approved by the Board for the Village on or after
September 16, 2002, or the setbacks listed below:
|
Yard
|
Princ. Struc.
|
Acces. Build.
|
|---|---|---|
|
Front
|
45 foot min. from street ROW
|
45 foot min. from street ROW
|
|
Side
|
20 foot min.
|
20 foot min.
|
|
Rear
|
20 foot min.
|
20 foot min.
|
|
Corner Side
|
45 foot min. from street ROW
|
45 foot min. from street ROW
|
|
ROW = right-of-way
|
(b)
When adjacent to a residential zone, side, and rear yard setbacks
shall be increased to a 50 feet minimum.
The I2 Industrial District is a special or exclusive type of
planned industrial area designed and equipped to accommodate a community
of both light and heavy industrial activities which require large
parcels of property, which are compatible with the use and occupancy
of adjoining properties and which, by their character should be remote
from residential and business development, and which are found not
to be obnoxious, unhealthful, or offensive by reason of potential
emission or transmission of noise, vibrations, smoke, dust, odors,
heat, or toxic or noxious matter.
(1)
General Requirements.
(a)
All business, servicing, processing, manufacturing operations
within 300 feet of a residential, business, or commercial zoning district
shall be conducted within completely enclosed buildings. Except for
permitted off-street parking and loading, all storage within 300 feet
of a residential, business, or commercial zoning district shall be
within completely enclosed buildings or effectively screened by a
solid wall or fence (including solid entrance and exit gates) not
less than six feet nor more than eight feet in height.
(b)
No building shall be erected or structurally altered within
the district to exceed two stories or 35 feet in height, excepting
that architectural features and chimneys may extend above such height;
and further excepting that buildings may exceed such height if an
additional one foot of front yard and side yard is provided for each
foot exceeding such height of 35 feet. No building shall exceed 75
feet in height.
(c)
No building or any improvement shall be erected, placed, or
altered on any building site until the plans for such building or
improvement, including site plan, landscape plan, building plan and
specifications, have been submitted for approval to the Board or its
designated agent or representative. The Board or its designated agent
or representative shall approve or disapprove such plans with respect
to conformity with the Village Industrial Land Use Controls and other
applicable codes and ordinances of the Village, and with respect to
harmony of external design and land use as it affects property within
and adjacent to the I2 Industrial District.
(d)
Stormwater plans shall be approved by the Engineer.
(2)
Permitted Uses. The following general uses are permitted in the I2
Industrial District:
(a)
Abrasive manufacturing.
(b)
Adult entertainment establishments.
(c)
Asphalt products manufacturing.
(d)
Assembly plants.
(e)
Bakeries (excluding retail outlets).
(f)
Bedding manufacturing.
(g)
Boot and shoe manufacturing.
(h)
Bottling companies.
(i)
Brick and masonry products manufacturing.
(j)
Carpet and flooring manufacturing cartage facilities.
(k)
Cartage facilities.
(l)
Chemical manufacturing and processing.
(m)
Cloth products manufacturing.
(n)
Concrete mixing plants.
(o)
Contractor's offices, shops, and yards.
(p)
Cosmetic production.
(q)
Dairy products manufacturing, processing, and packaging.
(r)
Electronic and scientific instrument manufacturing.
(s)
Electroplating facilities.
(t)
Feed mills (including feed and seed sales outlets).
(u)
Food manufacturing, processing, and packaging (excluding meat
packing).
(v)
Foundries and forge plants.
(w)
Freight terminals.
(x)
Furniture manufacturing and upholstery.
(y)
Fur processing plants.
(z)
Glass products manufacturing.
(aa)
Grain storage and processing.
(bb)
Graphite products manufacturing.
(cc)
Kennels.
(dd)
Laboratories (research and testing).
(ee)
Laundries (non-retail).
(ff)
Leather tanning and processing.
(gg)
Lithographing facilities.
(hh)
Machinery and appliance manufacturing.
(ii)
Machine shop.
(jj)
Manufacturing plants.
(kk)
Mail order houses.
(ll)
Metal stamping.
(mm)
Motor vehicle repair shops and service centers.
(nn)
Musical instrument manufacturing.
(oo)
Orthopedic and medical appliance manufacturing.
(pp)
Paint products manufacturing.
(qq)
Paper products manufacturing.
(rr)
Parking lots, garages, and structures (non-accessory).
(ss)
Petroleum products manufacturing, processing, and storage.
(tt)
Plastic and plastic products manufacturing.
(uu)
Printing and publishing establishments (non-retail).
(vv)
Public utility, governmental, and service uses.
(ww)
Radio and television stations and towers.
(xx)
Railroad facilities.
(yy)
Rope, cord, and twine manufacturing.
(zz)
Rubber manufacturing and processing.
(aaa)
Sign manufacturing.
(bbb)
Sporting goods manufacturing.
(ccc)
Steel manufacturing.
(ddd)
Stone products manufacturing.
(eee)
Trade schools.
(fff)
Transportation equipment manufacturing.
(ggg)
Trucking facilities.
(hhh)
Utilities.
(iii)
Warehousing, storage, and distribution facilities.
(jjj)
Woodworking and wood products manufacturing.
(kkk)
Wearing apparel manufacturing.
(lll)
Other establishments that can be operated without creating objectionable
noise, odor, dust, gas, fumes, or vapor, and that is not an offensive,
dangerous, or unwholesome use, and that is a use compatible with the
use and occupancy of the adjoining properties.
(mmm)
Accessory offices and administrative uses, such as office buildings
and cafeterias are permitted.
(nnn)
Watchman's quarters may be permitted for temporary, short-term
use in conjunction with the above permitted uses.
(3)
Conditional Uses. The Planning and Zoning Commission shall make a
recommendation to the Board concerning the proposal. The conditional
uses may be allowed when determined not to be obnoxious, unhealthful,
or offensive.
(4)
Prohibited Uses. The prohibited uses in the I2 Industrial District
shall not be limited to those uses listed. Any other use found and
determined to be obnoxious, unhealthful, or offensive, may be prohibited
by the Planning and Zoning Commission.
(a)
Automobile or machinery wrecking or salvaging.
(b)
Cement, lime, gypsum, or plaster of paris manufacture.
(c)
Distillation of bones.
(d)
Explosive manufacture, processing, or storage.
(e)
Junk yards.
(f)
Manufacture, storage, or processing of fuel products consisting
of petroleum or coal.
(g)
Smelting.
(h)
Manufacture, processing, storage, or distribution of animals
or animal by-products; rendering plants, slaughter houses, meat packing,
gelatin, glue, soap, or fertilizer plants.
(i)
All permitted or conditional uses in all residential or business
districts.
(j)
Dwelling units and lodging rooms.
(6)
Setbacks.
(b)
Side Yard. There shall be a minimum side yard of not less than
20 feet on each side of the building or buildings.
(c)
Rear Yard. There shall be a minimum rear yard of not less than
20 feet; except when adjoining a residential zone, in which case a
minimum of 50 feet is required.
(e)
Yards, Unoccupied. All front and exterior side yard setback
areas shall be open and unoccupied by structures of any kind for open
storage of materials, except for landscaping and landscaping structures,
including walls and identity signs when incorporated as a landscape
feature, entrance ways, and flagpoles.
(8)
Parking Regulations.
(b)
Any applications for a building permit, or for an occupancy
certificate where no building permit is required, shall include therewith
a plot plan drawn to scale and fully dimensioned showing any off-street
parking, loading facilities, and any ingress and egress areas.
(9)
Off-Street Loading Requirements. Off-street loading facilities shall
be provided by the individual business.
(a)
Minimum Facilities. All warehouses, supply houses, manufacturing
plants, or any other building where large amounts of goods are received
or shipped, shall provide adequate loading or unloading berth or berths
as determined by the Planning and Zoning Commission.
(b)
Size. A required off-street berth shall be at least 55 feet
in length, exclusive of aisle and maneuvering space, and shall have
a vertical clearance of at least 15 feet.
(c)
Utilization. Space allocated to any off-street loading shall
not, while so allocated, be used to satisfy the space requirements
for any off-street parking facilities of portions thereof.
This section shall regulate the parking, location, and maintaining of all manufactured homes and manufactured home parks. Manufactured home parks may be allowed as a Planned Development District (PDD) in the RR-Rural Residential and RS-Residential Sewer zones. Manufactured homes shall be prohibited in all zoning districts except within a manufactured home park within the Village or as set forth in Section 18.16(2) and (3). No manufactured home park space shall be rented or leased for a period of less than 30 days.
(1)
DEPENDENT UNIT
MANUFACTURED HOME PARK
MANUFACTURED HOME-CLASS I
MANUFACTURED HOME-CLASS II
NON-DEPENDENT UNIT
OCCUPIED AREA
PAD
PARK MANAGEMENT
PERSON
SPACE
UNIT
Definitions. The following definitions shall apply in the interpretation
and enforcement of this code.
A manufactured home which does not have a bath or shower
and toilet facilities.
Any park, court, campsite, lot, parcel, or tract of land
designed, maintained, intended or used for the purpose of supplying
a location or accommodations for two or more manufactured homes and
shall include all facilities used or intended for use as part of the
equipment thereof. Manufactured home park shall not include automobile
or manufactured home sales lots on which unoccupied manufactured homes
are parked for purposes of inspection and sale.
A structure, transportable in one or more sections built on a permanent chassis and designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in it, and is certified and labeled as a manufactured home under 42 U.S.C. Sections 5401 to 5426. For purposes of this ordinance, a manufactured home Class I shall be considered a single family or two family home when meeting the requirements of Section 18.04 (5) and therefore, may locate in any district permitting such use.
A structure transportable in one or more sections built on
a permanent chassis and designed to be used as a dwelling unit, with
or without permanent foundation, when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and electrical
systems contained in it, and built prior to the enactment of the Federal
Manufactured Construction and Safety Standards Act of 1974, which
became effective July 15, 1976.
A manufactured home that has a bath or shower and toilet
facilities.
That portion of an individual manufactured home space which
is covered by a manufactured home and its accessory structures.
A concrete slab or its equivalent, as determined by the Building
Inspector, constructed on the manufactured home space for the purpose
of accommodating water and sanitary connections for a manufactured
home.
The person who owns or has charge, care, or control of the
manufactured home park.
Shall be construed to include an individual, partnership,
firm, company, corporation, whether tenant, owner, lessee, or other
agent, heir, or assignee.
A plat of ground in a manufactured home park designed for
the location of only one manufactured home.
One manufactured home.
(2)
License for Manufactured Home Park: Application and Issuance.
(a)
No person shall establish, operate, maintain, or permit to be
established, operated, or maintained upon any property owned, leased,
or controlled by him, a manufactured home park within the limits of
the Village without first securing a license for each park from the
Board, pursuant to this chapter. Such license shall expire at the
close of the calendar year issued, but may be renewed under the provisions
of this chapter for additional periods of one year.
(b)
The application of such license or renewal thereof shall be
approved by the Board. Before a license is issued, an applicant shall
pay an annual fee as adopted from time to time by resolution of the
Board and, in addition thereto, each applicant for an original or
renewal license shall file with the Clerk a bond in the sum of $1,000
for each 50 manufactured home spaces or fraction thereof, guaranteeing
the collection by the licensee of the monthly parking permit fees
as provided in this code and the compliance of the licensee and the
park management with the provisions of this code. Such bond shall
also be for the use and benefit and may be prosecuted and recovery
had thereon by any person who may be injured or damaged by reason
of the licensee violating any provision of this code. The annual license
shall be subject to renewal by the Board, provided that said licensee
has abided by the requirements of this ordinance or the laws or regulations
of the State of Wisconsin relating to manufactured home parks and
their operation, and particularly with reference to laws or ordinances
relating to health, sanitation, refuse disposal, fire hazard, morals,
or nuisances.
(c)
The application for a license or a renewal thereof shall be
made on forms furnished by the Clerk and shall include the name and
address of the owner in fee of the tract (if the fee is vested in
some person other than the applicant, a duly verified statement by
that person that the applicant is authorized by him to construct or
maintain the manufactured home park and make the application) and
such legal description of the premises upon which the manufactured
home park is or will be located as will readily identify and definitely
locate the premises. The initial application for any existing, new,
or revised manufactured home park shall be accompanied by five copies
of the park plan showing the following, either existing or as proposed:
1.
The extent and area for park purposes.
2.
Roadway and driveways.
3.
Location and designation of dependent and independent manufactured
home spaces.
4.
Location of service building indicating the number of sanitary
conveniences, including toilets, washrooms, laundries, and utility
rooms to be used by occupants of the manufactured home park.
5.
Complete layout of storm, sanitary, and water systems for service
building and spaces.
6.
Method and plan of garbage removal.
7.
Plan for electrical or gas lighting of spaces.
8.
Interest in applicant in proposed manufactured home park or
extension thereof. If owner of tract is a person other than applicant,
a duly verified statement by the owner that applicant is authorized
by him or her to construct and maintain the proposed park, addition,
modification, or extension, and make the application.
(3)
Revocation and Suspension. The Board may suspend or revoke a license
after a hearing held pursuant to Wis. Stats. § 66.058(2)(d).
(4)
Location of Manufactured Home Parks. An application for the construction
of a manufactured home park shall be considered only when its proposed
location is within a district zoned to permit this type of use.
(5)
Manufactured Home Park Plan.
(a)
Manufactured home spaces shall be clearly defined and shall
consist of a minimum of 11,250 square feet and a width of not less
than 40 feet measured at right angles from the side lot line of each
space when served by public sanitary sewer, and a minimum of 40,000
square feet and a width of not less than 100 feet when not served
by public sanitary sewer. The park shall be arranged so that all spaces
shall face or abut on a roadway of not less than 30 feet in width,
giving easy access from all spaces to a public street. Such roadways
shall be paved with asphalt or concrete and maintained in good condition,
provided for adequate storm water drainage, said drainage to be determined
by the Public Works Director. The roadways shall be well lit and shall
not be obstructed.
(b)
The park shall be so laid out that no dependent unit shall be
further than 200 feet from the toilets and service building, provided
for herein, and walkways to such buildings shall be paved and well
lit.
(c)
Electrical service to manufactured home spaces shall conform
to the regulations set forth in the Wisconsin State Electrical Code,
incorporated herein by reference as though fully set forth.
(d)
All manufactured homes within a manufactured park shall be parked
within the designated spaces.
(e)
For the protection of abutting property owners, as well as manufactured
homeowners, a twenty-five-foot buffer strip shall be provided within
all property lines of the site. Said buffer strip to be used for the
planting of shrubbery and trees and shall be exclusive of the manufactured
home spaces. A decorative fence, in accordance with the off-street
parking ordinance may, if so desired, be substituted for the rear
and interior twenty-five-foot buffer strip.
(f)
Each manufactured home space shall provide a front and rear
yard setback of 10 feet and a side yard setback of 10 feet. The above
setbacks shall be seeded and landscaped and in no case shall they
be used for off-street parking or be occupied by a manufactured home
and/or its necessary buildings, except for the following:
(g)
One off-street parking stall shall be provided within each manufactured home space, said stall to be in accordance with Section 18.16(5)(f).
(h)
There shall be constructed on each manufactured home space a
concrete pad, or its equivalent, as determined by the Building Inspector
to be used for the accommodation of necessary water and sanitary connections.
(i)
A minimum of 200 square feet per manufactured home space, exclusive of the minimum herein provided for individual manufactured home spaces and buffer strip, as indicated in Section 18.16(5) (e) and (f) above, shall be required for the express purpose of providing open space and recreational area for the residents of the manufactured home space.
(j)
In no case shall a manufactured home and its accessory buildings
occupy more than 36% of a space.
(k)
All manufactured homes in manufactured home parks shall be skirted,
unless the unit is placed within one foot vertically of the stand
with soil and other material completely closing such space from view
and entry by rodents and vermin. Areas enclosed by such skirting shall
be maintained free of rodents and fire hazards.
(l)
No person shall construct, add to, or alter any structure attachment
or building in a manufactured home park or in a manufactured home
space without a permit from the Building Inspector. Construction on
or addition or alteration to the exterior of a manufactured home shall
be of the same type of construction and materials as the manufactures
home affected. This section shall not apply to addition of awnings,
antennae, or skirting to manufactured homes. Accessory structures
on manufactured home spaces shall comply with all setback side yard
and rear yard requirements for manufactured home units.
(6)
Sanitarian Regulations. All manufactured home parks shall conform
to the sanitarian and health regulations as set forth by the State
of Wisconsin and Brown County.
(7)
Operation of Manufactured Home Parks: Responsibility of Park Management.
(a)
In every manufactured home park there shall be located an office
of the attendant or person in charge of said park. A copy of the park
license and of this code shall be posted therein and the park register
shall at all times be kept in said office.
(b)
The attendant or person in charge and the park licensee shall
operate the park in compliance with this code and regulations and
codes of the Village and state and their agents or officers and shall
have the following duties:
1.
Maintain a register of all park occupants, to be open at all
times to inspection by state, federal, and municipal officers, which
shall show:
a.
Names and addresses of all owners and occupants of each manufactured
home.
b.
Number of children of school age.
c.
State of legal residence.
d.
Dates of entrance and departure of each manufactured home.
e.
Make, model, year, and serial number or license number of each
manufactured home and towing or other motor vehicles and state, territory,
or county issuing such licenses.
f.
Place of employment of each occupant, if any.
2.
Notify park occupants of the provisions of this code and inform
them of their duties and responsibilities and report promptly to the
proper authorities any violations of this code or any other violations
of law which may come to their attention.
3.
Notify the health officer immediately of any suspected communicable
or contagious disease within the park.
4.
Supervise the placement of each manufactured home on its stand
which includes securing its stability and installing all utility connections
and tiedowns.
5.
Maintain park grounds, buildings, and structures free of insect
and rodent harborage and infestation and accumulations of debris which
may provide rodent harborage or breeding places for flies, mosquitoes,
and other pests.
6.
Maintain the park free from growth of noxious weeds.
(8)
Permit for Location Outside of Manufactured Housing Park.
(a)
Upon a showing of a hardship and/or immediate necessity for use, the Planning and Zoning Commission may issue special written permits allowing the location of a Manufactured Home Class II outside of a manufactured housing park for a period not to exceed 90 days for any one premises in any twelve-month period. This permit shall be granted only upon the written consent of the owner, legal agent of the owner, or the lessee of the location for which the permit is issued. Not more than one Manufactured Home Class II shall be granted a permit to locate on any one premises outside a manufactured housing park. Any violation of this clause shall comply with the penalty as set forth in Section 18.99 of this code.
(b)
Application for the hardship/necessity permit shall be made
to the Clerk and shall be accompanied by an inspection fee of $25
and shall state the name and permanent addresses of the occupants
of the Manufactured Home Class II, the license number of the Manufactured
Home Class II and towing vehicle, place of last stay, intended purpose
of stay at requested location, whether any occupant is employed in
state; the exact location of premises, and the owner's and/or occupant's
sanitary facilities, and the permission of the occupant of the dwelling
house for their use and statement that all wastes from Manufactured
Home Class II occupancy will be disposed of in a sanitary manner.
Application for location on a vacant lot or parcel of land shall be
accompanied by a statement of the nature and location of sanitary
facilities, which must include a safe water supply and toilet within
200 feet of the proposed location of the Manufactured Home Class II,
and a statement of permission from the owner for their use.
(c)
All occupied Manufactured Homes Class II not located in a manufacturer
housing park shall be subject to the remaining regulation of this
code.
The following regulations shall apply to all signs hereinafter
erected or established within the Village:
(1)
General. This section shall apply to all billboards, fences, or display
structures of any kind for advertisement purposes, upon which any
advertisement is shown, painted or displayed, etc.
(a)
No sign shall hereafter be erected, located, moved, reconstructed, extended, enlarged, converted, or structurally altered without a permit from the Building Inspector except signs in Section 18.17 (3)(a) and (4)(a), which are exempt from the provisions of the code.
(b)
All signs shall be erected and maintained so as to withstand
a wind pressure of not less than 30 pounds per square foot (with a
factor of safety of four times the specified minimum). When a sign
is erected or maintained on any wall of a building, it shall be fastened
or anchored to such wall or building and all fasteners or anchors
used shall be of metal and be maintained free from rust or defects
of any kind.
(c)
In all zones any off-premise outdoor advertising sign greater
than 100 square feet per side shall require a variance.
(d)
All signs requiring a permit, except for those covered by Section 18.17(3), shall be approved by the Design Review Committee.
(e)
Roof signs shall not be allowed in any zoning district in the
Village.
(2)
Maintenance, Removal, and Disposition of Signs.
(a)
Every sign shall be maintained in a safe, presentable, and good
structural material condition at all times, including the replacement
of defective parts, painting (except when a weathered or natural surface
is intended as approved by the Design Review Committee), repainting,
cleaning, and other acts required for the maintenance of said sign.
(b)
All signs or sign messages shall be removed by the owner or
lessee of the premises upon which the sign is located when the sign
no longer correctly directs any person or advertises a bionafide business,
lessor, owner, product, activity, conductor, or product available
on the premises where the sign is displayed; or when a business which
it advertises is no longer conducted; or when rental or compensation
is no longer provided. If the property owner or lessee fails to remove
it, the Zoning Administrator shall give the sign owner 30 days' written
notice to remove it. Upon failure to comply with the notice, the Village
or its duly authorized representative shall remove the sign at the
expense of the sign owner. Such charge shall be placed on the tax
roll pursuant to Wis. Stats. § 66.0627.
(c)
The Village or its duly authorized agent shall cause to be removed
any sign that is illegally placed or endangers the public safety,
such as dangerous materially, electrically, or structurally defective
signs. The Village or its duly authorized agent shall give the land
owner a written notice to repair or remove the illegally placed, dangerous,
or defective sign within 30 days. If the sign creates an immediate
hazard, it will be the property owner's obligation to remove the sign
immediately. If the hazardous sign is not removed by the property
owner, the Village reserves the right to remove the sign at the expense
of the property owner. Such charge shall be placed on the tax roll
pursuant to Wis. Stats. § 66.0627.
(3)
Temporary Signs. The regulations for temporary signs apply to all
zoning districts unless otherwise stated in the provisions below.
(a)
Temporary Signs that Do Not Require a Permit or Fee.
1.
Political Campaign Signs. Political campaign signs on behalf
of candidates for public office or issues on election ballots are
subject to the following requirements:
a.
Each sign shall not exceed 16 square feet in area in non-residential
zoning, except in the Highway 41 corridor.
b.
Each sign shall not exceed 12 square feet in area in residential
zoning, except in the Highway 41 corridor.
c.
No sign shall be located within 15 feet of the public right-of-way
at a street intersection, nor over the right-of-way in any instance.
d.
Each sign shall not exceed 32 square feet in the Highway 41
corridor.
2.
Yard Sale Signs. Yard sale signs located on premises may be
placed one day prior to the event and shall be removed the day following
the event.
(b)
Temporary Signs that Require a Permit and/or Fee.
1.
Temporary Signs for Non-Commercial Promotional Events.
2.
Temporary Signs for the Sale or Leasing of Real Estate including
Residential Developments and Subdivisions, Not Including Individual
Home Sales. The Zoning Administrator may issue a special permit for
two temporary signs in any zoning district in connection with the
marketing of lots or structures in a subdivision subject to the following
conditions:
a.
Such permits may be issued for up to two years and may be renewed
for a time period not to exceed six months, until 50% of the lots
have been sold, after which said signs shall be removed.
b.
Signs advertising the sale of new subdivision lots shall not
exceed 100 square feet each in area. Not more than one sign shall
be located on the owner's property at each major approach to the subdivision.
Any subdivision development sign shall comply with all applicable
setback requirements for the zoning district in which the property
is located.
c.
Signs advertising the rental of new apartment units shall not
exceed 100 square feet each in area. Not more than two signs shall
be located at each major approach to the apartment complex.
3.
Temporary Signs for Roadside Stands. The following provisions
shall apply to all roadside stands and stands for the sale of products
associated with a national holiday, except fireworks, located within
the Village:
a.
Off-Premises Signs. All roadside stands shall be permitted four
temporary off-premises signs per the following:
[1]
Two of the permitted off-premises signs shall not
exceed 16 square feet in size, two of the off-premises signs shall
not exceed 32 square feet in size, and all of the off-premise signs
shall be restricted to the message board on one side only.
b.
On-Premise Signs. All roadside stands shall be permitted only
two temporary on-premise signs per the following:
[1]
The signs shall not:
[a]
Exceed 32 square feet in size each and shall be
restricted to the message board on one side only;
[b]
Exceed eight feet in height;
[c]
Be located in a public right-of-way;
[d]
Be illuminated or flashing;
[e]
Be combined to create one sign of 64 square feet
but may be back to back for a total of 64 square feet.
[2]
Wall mounted signs or signs painted on the side
of the roadside stand shall be considered as on-premises signs addressed
in this section.
c.
No other signage shall be permitted for roadside stands in the
Village.
d.
All signage for roadside stands for the purpose of the sale
of products associated with national holidays, except fireworks stands,
shall not be erected, displayed, or used more than 45 days prior to
the national holiday and shall be removed within 10 days after the
holiday.
e.
All signage for fireworks stands shall be part of the conditional
use permit for such stands.
4.
Temporary Signs for Business and Industrial Developments.
a.
Permits for temporary signs shall be issued for a fifteen-day
period. A maximum of eight - fifteen-day periods in any one calendar
year will be issued to any one lot. The fifteen-day periods may be
combined to allow for longer displays but shall not be permitted for
more than the allowed 120 days in any one calendar year.
b.
Temporary signs shall be limited to one per lot, except corner
lots may be granted a second identical sign which may be displayed
during the same fifteen-day period.
c.
Signs shall not exceed 32 square feet and may be two sided.
d.
Multiple businesses on one lot will require the approval in
writing of all businesses on that lot prior to issuance of the permit
for the temporary sign.
e.
Businesses that have buildings and/or parking/display areas
that overlap parcel lines will be considered a single lot for temporary
signs.
f.
Temporary signage shall not be allowed for any business that
has any type of electronic message display.
g.
Must be in conjunction with a special event.
5.
Fees Required for Permits. The schedule of fees shall be as
adopted from time to time by resolution of the Board and is hereby
adopted by reference as if fully set forth herein.
(c)
Temporary Signs Prohibited.
2.
Promotional Flags, Pennants, Streamers, and Banners in the Village
Right-of-Way. No owner or occupant of any property shall install or
display any promotional flag, pennant, streamer, or banner in the
Village right-of-way except for the Village.
3.
Mobile Signs. No sign mounted on wheels, trailers, or any other
non-permanent structure shall be parked within sight of a street for
the purpose of advertising except for signs approved as part of a
special event or by the Board.
(4)
Residential and Agricultural Districts.
(a)
In residential and agricultural districts, all sign types, except
signs for charitable or religious institutions, shall be of a non-flashing
and non-illuminated type.
(b)
Signs that Do Not Require a Permit or Fee.
1.
Property Identification. A sign not in excess of two square
feet identifying the property or nature of the owner or occupant.
2.
Warning Signs. Warning signs such as "No Hunting", "No Trespassing",
"No Parking", or "No Loitering" not to exceed four square feet are
permitted.
3.
Real Estate and Lease Signs. Real estate signs which advertise
the sale, rental, or lease of the premises upon which said signs are
temporarily located. In the residential zones, no sign shall exceed
eight square feet in area. In the agricultural zone such signs shall
not exceed 12 square feet. Corner lots in residential zones shall
be permitted two signs. All signs shall be confined to the immediate
property being solely advertised or displayed.
4.
Signs for Historic or Commemorative Places and Events. Signs
not in excess of two square feet which commemorate or identify a historic
building, place, event, landscape, geologic or archaeological feature.
A larger sign may be allowed after review by the Planning and Zoning
Commission and Board approval.
5.
Agricultural Signs. Agricultural signs pertaining to the products
of the agricultural premises shall not exceed 32 square feet in area
per sign for any one farm. Height of this respective sign shall not
exceed eight feet. Two such signs shall be permitted per farm. The
sign shall be limited to the name of the premises, the producer, and
product being sold or produced.
6.
Official Signs. Official signs as determined by the Village
such as traffic control, parking restrictions, information, and notices.
(c)
Signs that Require a Permit and Fee.
1.
Signs for Charitable or Religious Institutions. Signs for charitable
or religious institutions applicable to Wis. Stats. Ch. 70, located
on premises, shall not exceed 32 square feet in area (one per street
face) located on the premises. The height of the sign shall not exceed
eight feet. May be illuminated if approved by the Design Review Committee.
2.
Non-Residential. Permitted non-residential building use in a
residential district shall have no sign larger than 12 square feet
in area and displaying only the name and address of the building.
3.
Development Name Signs. Subdivision, condominium, and apartment
complex sign, masonry wall, landscaping, and other similar materials
or features may be combined to form a display for neighborhood or
tract identification, provided that the legend of such sign or display
shall consist only of the neighborhood or tract name and shall not
exceed 16 square feet.
(5)
Business/Industrial Districts. All signs hereafter established within
the business zone district shall conform to the following regulations
set forth. Any reference to business shall include industrial also:
(a)
All signs advertising or displaying business places shall be
erected on the business premises only. Business signs constructed
off the premises shall be permitted only upon conditional approval
by the Village.
(b)
Illuminated signs shall be permitted in the business districts,
subject to the following:
1.
Signs shall be illuminated so light is diffused or indirect
and shall be arranged so as not to reflect direct rays of light into
adjacent residential.
2.
No sign shall be brighter than necessary for clear and adequate
visibility.
3.
No sign may be of such intensity or brilliance as to impair
the vision of a motor vehicle driver with average eyesight or to otherwise
interfere with the driver's operation of a motor vehicle.
4.
No sign may be of such intensity or brilliance that it interferes
with the effectiveness of an official traffic sign, device, or signal.
5.
Must be equipped with a means to immediately turn off the sign if it malfunctions and the sign owner or operator must immediately turn off the sign when notified by the Village that it is not complying with the standards of Section 18.17.
6.
The person owning or controlling the sign must adjust the sign
to meet the brightness standards in accordance with the Village's
instructions. The adjustment must be made immediately upon notice
of noncompliance from the Village. The person owning or controlling
the sign may appeal the Village's determination through the following
appeal procedure:
a.
After making the adjustment required by the Village, the person
owning or controlling the sign may appeal the Village's determination
by delivering a written appeal to the Clerk within 10 days after the
Village's non-compliance notice.
b.
The appeal will be referred to the Health and Safety Committee
for their review and determination at the next available meeting.
(d)
All types of flashing signs shall be prohibited.
(e)
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.
(f)
Wall signs placed against the exterior of a building shall not
extend more than eight inches outside of a building wall surface,
shall not exceed 100 square feet in area for any one business, and
shall not exceed 20 feet in height above the average ground level.
Larger signs will require approval from the Planning and Zoning Commission
but, shall never exceed 10% of the wall surface of the front of the
building or 500 square feet, whichever is less. In the case of a lot
fronting on two public streets, additional wall signage equal to the
above restrictions shall be allowed. Signs may be allowed on any wall
surface but, aggregate signage on any one wall of the building may
not exceed above requirements.
(g)
Ground signs shall not exceed 10 feet in height above the average
ground level; shall not be located closer than 15 feet from any lot
line; and shall not exceed 100 square feet in area per side for all
signs combined on any one parcel.
(h)
Property signs fastened to, suspended from or supported by structures
on a premises developed for business shall not exceed 100 square feet
in area for all signs combined on any one premises; shall not extend
more than 10 feet out from the structure, shall not exceed a height
of 20 feet above the average ground level; and shall not be less than
10 feet above any pedestrian way, and not less than 15 feet above
a driveway.
(i)
One pedestal type sign, a ground sign generally supported by
one full base matching building materials and not exceeding a height
of 25 feet, shall be permitted per each business establishment. Such
sign shall not exceed a total area of 100 square feet total per side.
(j)
One pylon type sign, a special type of ground sign supported
by tall mast-like members or pyramidical tower supports and not exceeding
a height of 25 feet, shall be permitted per each business establishment.
Such sign shall not exceed a total area of 100 square feet total per
side unless approved by the Planning and Zoning Commission. All poles
or supports shall be covered in a material to match the building.
(k)
On any one lot, there shall be allowed either a ground sign,
pedestal sign, or pylon sign. Multiple types of signs on a single
lot shall require Planning and Zoning Commission approval.
(l)
No sign shall be permitted within 50 feet of any residence.
(m)
No sign shall be within the vision triangle of intersecting
roads.
(n)
All off-premises signs shall be separated by no less than 1,000
lineal feet measured on single sign of road grade at the right-of-way
line and at no point shall any three signs be closer than 3,000 lineal
feet.
(o)
Directional and drive-thru signs shall be exempt from total
sign square footage but shall not exceed three square feet in area
per sign and a maximum of three feet above grade. The construction
and appearance of the sign shall not constitute a safety hazard where
erected.
(6)
Planned Development Districts. Specific sign regulations shall be
contained in the conditions in each approval by the Board authorizing
the establishment of a Planned District.
(7)
Electronic Message Displays. The following requirements shall apply
to electronic message displays:
(a)
All electronic message displays shall:
1.
Advertise on-premise only, except for non-profit community events
and off-premise signage with-in the Highway 41/141 corridor provided;
a.
The proper conditional use permits and/or variances have been
obtained,
b.
The sign meets the current separation requirements of 18.17(5)(n)
above,
c.
The existing structure is sufficient to support any additional
loads,
d.
Permits are submitted and approved,
e.
Public service messaging/municipal information messaging of
a minimum of 5% per month is required,
f.
Limited to level 1 or 2 only,
g.
Such signs shall not be located within 100 feet of residential
district boundaries, school property, or public parks and parkways
(including those so designated on the Official Map) if said signs
are perpendicular to or facing away from such uses. This distance
increases to 400 feet if signs are facing (oriented with message side
parallel) said use.
3.
Require Design Review Committee approval.
4.
Not exceed 50% of total sign area except for allowable off-premise
signs which can be at 100%.
5.
Conform to all other requirements of federal, state, and/or
local jurisdictions including but limited to Trans. 201 and Wis. Stats.
§ 84.30.
(b)
Public service messaging and their intervals should be part
of the approval process.
(c)
Electronic message displays are defined in four basic levels
of operational modes for message transitions.
1.
2.
Level 2. Static display with "fade" or "dissolve" transitions,
or similar transitions and frame effects that do not have the appearance
of moving text or images.
a.
Permitted in all business, commercial, and public land zones.
3.
Level
3. Static display with "travel" or "scrolling" transitions, or similar
transitions and frame effects that have text or animated images that
appear to move or change size, or be revealed sequentially rather
than all at once.
4.
Level 4. Full animation, no flashing or video shall be allowed
as part of any display.
(8)
DISSOLVE
ELECTRONIC MESSAGE DISPLAY
FADE
FRAME
FRAME EFFECT
SCROLL
TEMPORARY SIGN
TRANSITION
TRAVEL
Definitions. In this section, the terms have the following meaning:
A mode of message transition on an electronic message display
accomplished by varying the light intensity or pattern, where the
first message gradually appears to dissipate and lose legibility simultaneously
with the gradual appearance and legibility of the second message.
A sign capable of displaying words, symbols, figures, or
images that can be electronically or mechanically changed by remote
or automatic means.
A mode of message transition on an electronic message display
accomplished by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
A complete, static display screen on an electronic message
display.
A visual effect on an electronic message display applied
to a single frame to attract the attention of viewers.
A mode of message transition on an electronic message display
where the message appears to move vertically across the display surface.
Any advertisement or promotional device not permanently attached
to the ground or permanent structure to include, but not limited to,
signs, banners, promotional flags, balloons, sign trailers, streamers,
and pennants.
A visual effect used on an electronic message display to
change from one message to another.
A mode of message transition on an electronic message display
where the message appears to move horizontally across the display
surface.
The following regulations shall apply to all zone districts
within the Village.
(1)
General.
(a)
All parking spaces required to serve buildings or uses erected
or established after the effective date of this code shall conform
to the requirements herein.
(b)
Buildings or uses existing on the effective date of this code
which are subsequently altered or enlarged so as to require the provisions
of the parking spaces under this code shall conform to the requirements
as set forth herein.
(c)
One commercial vehicle licensed at 12,000 pounds or less may
be parked at any lot in a residential zone provided the owner or driver
of the vehicle resides at that lot. Commercial vehicles licensed over
12,000 pounds must obtain a permit from the Board. Permits shall be
issued and/or rescinded at the discretion of the Board.
(d)
All off-street parking areas for customer and/or employee parking
shall be paved and shall have the aisles and spaces clearly marked.
Parking areas for vehicle storage shall be graded and surfaced so
as to be dust free and properly drained.
(e)
All parking areas and appurtenant passageways and driveways
serving commercial uses shall be illuminated adequately during the
hours of sunset and sunrise when the use is in operation. Adequate
shielding shall be provided by commercial uses to protect adjacent
residential zones from the glare of such illumination and from that
of automobile headlights.
(2)
Size.
(a)
Each required off-street parking space shall be at least nine
feet in width and at least 18 feet in length, exclusive of access
drives or aisles.
(b)
All angle parking shall conform to the requirements as set forth.
|
Angle
|
Stall Depth
|
Width of Aisle
|
|---|---|---|
|
30°
|
17 feet
|
12 feet
|
|
45°
|
19 feet
|
15 feet
|
|
60°
|
20 feet
|
18 feet
|
|
90°
|
18 feet
|
28 feet
|
(c)
All off-street parking facilities shall be designed with appropriate
means of vehicular access to a street or alley in a manner which will
least interfere with traffic movement.
(3)
Setbacks. All parking spaces shall meet the following setbacks:
(4)
Plans. Except for residential uses, the design of parking lots or
areas shall be subject to the approval of the Village in accordance
with the standards herein required.
(5)
Parking Standards.
(a)
Single Family Dwellings. Two spaces for each dwelling unit.
(b)
Two Family Dwellings. Two spaces for each dwelling unit.
(c)
Multiple-Family Dwelling. Two spaces for each dwelling unit.
(d)
Motels. One space for each guest room plus one space for each
three employees.
(e)
Hotels. One space for each two guest rooms plus such additional
spaces as required for supplemental uses, such as bars, ballrooms,
or nightclub facilities in the hotel.
(f)
Lodging, Rooming, and Boarding Houses. One space for each two
beds plus one space for each three employees.
(g)
Churches and Places of Worship. One space for every five seats.
(h)
Hospitals. One space for each two hospital beds, plus one space
for each two employees (other than staff doctors), plus one space
for each doctor assigned to the staff.
(i)
Medical and Dental Clinics. Five spaces shall be provided for
each doctor.
(j)
Sanitariums, Rest Homes, Convalescent Homes, and Nursing Homes.
One space for each four beds, plus one space for each two employees
(other than staff doctors), plus one space for each doctor assigned
to the staff.
(k)
Elementary Schools. One space for each employee.
(l)
Junior High Schools. One space for each employee.
(m)
Senior High Schools. One space for each employee, plus one space
for each 10 students in the school.
(n)
Colleges and Universities. One space for each employee, plus
one space for each six students.
(o)
Public Libraries, Art Galleries, and Museums. One space for
each 500 square feet of gross floor area.
(p)
Fraternities, Sororities, and Dormitories. One space for each
three residents, plus one space for the manager.
(q)
Restaurants. Spaces equal to 50% capacity in persons, plus one
space for each three employees.
(r)
Taverns. Spaces equal in number to 60% of the capacity in persons.
(s)
Theaters-Indoor. One space for each four seats.
(t)
Theaters-Drive-In. Extra reservoir spaces equal in number to
10% of the vehicle capacity of such theaters.
(u)
Bowling Alleys. Six spaces shall be provided for each alley,
plus additional spaces as required by this ordinance for any associated
use (bars, restaurants, etc.).
(v)
Swimming Pools and Skating Rinks. Spaces equal in number to
30% of the design capacity.
(w)
Amusement Establishments Not Listed and Amusement Parks. Spaces
shall be provided in adequate number as determined by the Planning
and Zoning Commission to serve persons employed, as well as the visiting
public.
(x)
Stadiums, Ball Parks, and Outdoor Arenas. Spaces shall be provided
at the rate of 30% of the maximum capacity of persons using and/or
observing activities at these facilities during a twenty-four-hour
period.
(y)
Golf Courses. One space shall be provided for each four persons
using the course at maximum capacity. Bars, restaurants, and related
uses shall require additional spaces.
(z)
Driving Ranges. Two spaces shall be provided for each tee.
(aa)
Private Clubs. One space shall be provided for each lodging
room, plus parking spaces equal in number to 30% of the maximum capacity
in persons of such clubs.
(bb)
Recreational Buildings and Community Centers, Non-Commercial.
Spaces equal in number to 30% of the capacity in persons.
(cc)
Convents, Seminaries, Monasteries, Nunneries, Rectories, Parsonages,
Parish Houses, and Religious Retreats. One space shall be provided
for each two employees, plus additional spaces equal in number to
5% of the maximum capacity of professional persons residing on the
premises at any one time.
(dd)
Riding Academies and Commercial Stables. One space shall be
provided for each employee, plus spaces adequate in number as determined
by the Planning and Zoning Commission to serve the visiting public.
(ee)
Shopping Centers. Eight spaces for each 1,000 square feet of
gross floor area in the center.
(ff)
Warehousing and Wholesaling Establishments. One space for each
two employees.
(gg)
Junk Yards, Salvage Yards, and Auto Grave Yards. One space shall
be provided for each two employees, plus one space for each 5,000
square feet of lot area.
(hh)
Animal Hospitals and Kennels. Three spaces shall be provided
for each employee.
(ii)
Airport and Commercial Heliports. One space for each 150 square
feet, plus additional employee spaces in the ratio of one space for
each two employees working the same shift, based on the maximum number
of employees working the same shift.
(jj)
Automobile and Truck Service Stations. One space for each employee,
based on the maximum number of employees working the same shift, as
well as one additional space for each inside service bay.
(kk)
Automobile Laundries. One space for each two employees, plus
one space for manager, and in addition, reservoir spaces equal to
five times the capacity of the automobile laundry for those automobiles
awaiting entrance to the facility. Maximum capacity in this instance
shall mean the greatest number possible of automobiles undergoing
some phase of laundering and drying at the same time.
(ll)
Building Material Sales. One space shall be provided for each
two employees, plus additional space equal to one space for each 300
square feet of gross floor area in excess of 2,000 square feet.
(mm)
Cartage and Express Facilities. One space shall be provided
for each vehicle maintained on the premises, plus one space for each
two employees.
(nn)
Contractor or Construction Offices, Shops, and Yards. One space
shall be provided for each employee plus additional customer space
at the rate of one additional space for each five employees.
(oo)
Food Stores, Grocery Stores, Meat Markets, Bakeries, Delicatessens,
Supermarkets, and Department Stores. One space shall be provided for
each 150 square feet of gross floor area for the first 6,000 square
feet, and one additional space for each 200 square feet of gross floor
area in excess of 6,000 square feet.
(pp)
Motor Vehicle Sales. Three spaces shall be provided for each
employee, plus additional spaces as deemed necessary by the Planning
and Zoning Commission to store those cars waiting to be serviced.
(qq)
Offices, Business, and Professionals. One space shall be provided
for each 300 square feet of gross floor area.
(rr)
Public Utility and Service Uses. One space for each 300 square
feet of gross floor area in excess of 4,000 square feet or one space
for each two employees, whichever provides the greater amount.
(ss)
Radio and Television Stations and Studios. One space shall be
provided for each two employees, plus one space for each 300 square
feet of gross floor area in excess of 6,000 square feet.
(tt)
Post Offices. One space shall be provided for each two employees,
plus one space for each 200 square feet of gross floor area in excess
of 3,000 square feet.
(uu)
Undertaking Establishments. One space shall be provided for
each four seats provided in each chapel or parlor.
(vv)
General-General Retail Sales, Including Department Stores Not
Located in a Shopping Center. One parking space per 200 square feet
of gross floor area, plus one per employee on the maximum shift.
(ww)
General-Industries (not listed above). One space for every 1,000
square feet of building area or for every two employees, whichever
constitutes the greater number of stalls. Industries operating more
than one shift must have additional spaces to provide for change of
personnel at shift change time.
(1)
Purpose. The purpose of this section is as follows:
(a)
To allow necessary radio, television, cellular, and other wireless
communication facilities.
(b)
To encourage joint use of new and existing structures.
(c)
To minimize visual impact on surrounding properties, particularly
residential.
(d)
To encourage the location of towers in nonresidential areas
and minimize the total number of towers within the Village.
(2)
Applicability. The requirements of this section shall apply to all
telecommunication towers and antennas, except that towers and antennas
that are under 70 feet in height and are owned and operated by federally-licensed
amateur radio station operators or are receive-only antennas shall
be exempt from this section.
(3)
Antennas.
(a)
Permitted Use. Installing an antenna on an existing structure
(including a tower) shall be a permitted use in all zoning districts
provided the antenna adds no more than 20 feet to the height of the
existing structure.
(b)
Design. If an antenna is installed on a structure other than
a tower, the antenna and supporting equipment must be of a neutral
color that is identical, or closely compatible with, the color of
the supporting structure in order to limit visual impact.
(4)
Telecommunication Towers.
(a)
Permitted Uses. Telecommunication towers which do not exceed
the maximum building height requirement for the district in which
they are located shall be allowed as a permitted use in all districts.
(b)
Conditional Uses. Telecommunication towers which exceed the
maximum building height requirement for the district in which they
are located shall only be permitted as a conditional use in the AG-Agriculture,
Public Lands and Institutions, B-Business District, HB-Highway Business,
I1-Industrial District (Limited), and I2-Industrial District.
(c)
Utilizing Existing Structures. A conditional use permit for
a new telecommunication tower shall not be granted unless the applicant
demonstrates that the telecommunications equipment planned for the
new tower cannot be accommodated on an existing or approved tower
or structure. Such demonstration may include one or more of the following
reasons:
1.
No existing towers or structures are located within the geographic
area required to meet the applicant's engineering requirements.
2.
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
3.
Existing towers or structures do not have the structural capacity
to support the applicant's proposed antenna and related equipment
and the existing tower or structure cannot be reinforced, modified,
or replaced to accommodate planned equipment at a reasonable cost.
4.
The planned equipment would cause interference affecting the
usability of other existing or planned equipment at the tower or the
existing antennas would cause interference with the applicant's proposed
antenna and the interference cannot be prevented at a reasonable cost.
5.
The fees, costs, or contractual provisions required by the owner
to share an existing tower or structure or adapt and existing tower.
(d)
Accommodation of Other Users. Any proposed telecommunication
tower shall be designed, structurally, electrically, and in all respects
to accommodate both the applicant's antennas and comparable antennas
for at least two additional users. Towers must be designed to allow
for future rearrangement of antennas upon the tower and to accept
antennas mounted at varying heights.
(e)
Federal Requirements. All telecommunication towers must meet
the current standards and regulations of the FAA, FCC, and any other
agency of the federal government with the authority to regulate towers
and antennas. If such standards and relations are changed, then the
owners of the towers and antennas governed by this section shall bring
such towers and antennas into compliance with the revised standards
and regulations within six months of the effective date of such standards
and regulations, unless a more stringent compliance schedule is mandated
by the controlling federal agency. Failure to bring towers and antennas
into compliance with revised standards and regulations shall constitute
grounds for the removal of the tower or antenna by the governing authority
at the owner's expense.
(f)
Construction. All telecommunication towers constructed, erected,
or located within the Village shall comply with all applicable state
and local building codes and the applicable standards for towers that
are published by the Electronic Industries Association, as amended
from time to time.
(g)
Design. All new and modified telecommunication towers and associated
accessory structures shall be designed, to the extent possible, to
blend in with the surrounding environment, except as may be required
by rules of the FAA and FCC.
(h)
Lighting. Telecommunication towers shall not be artificially
lighted, unless required by the FAA or other applicable authority.
If lighting is required, it shall be designed to cause the least disturbance
to surrounding views as possible.
(i)
Setbacks. Telecommunication towers and associated structures
shall meet the required setbacks for the district in which they are
located. In addition, towers shall be set back a distance equal to
the height of the tower from any off-site residential building.
(j)
Signs. No signs, other than warning or equipment information
signs, shall be located on any telecommunication tower.
(k)
Security. The base of the telecommunication tower shall be fenced
with materials impervious to sight and secured so that it is not accessible
by the general public.
(5)
Conditional Use Permits. If a conditional use permit is required
by this section, the applicant shall submit a scaled site plan and
a scaled elevation view and other supporting drawings, calculations,
and other documentation or information deemed necessary by the Village
to assess compliance with the requirements and purpose of this section
and code. Any information of an engineering nature that the applicant
submits shall be certified by a licensed professional engineer.
(6)
Removal of Abandoned Antennas and Towers. Any antenna or telecommunication
tower that is not operated for a continuous period of 12 months shall
be considered abandoned. The owner of such antenna or tower shall
remove them within 90 days of receipt of notice from the Village notifying
the owner of such abandonment. If the antenna or tower is not removed
within the ninety-day period, the Village may remove such antenna
or tower at the owner's expense. If there are two or more users of
a single tower, then this provision shall not become effective until
all users cease operation.
The following regulations shall apply to all artificial lakes
and ponds hereinafter constructed or developed within the Village.
(1)
Location.
(a)
Artificial lakes and artificial ponds 2,000 square feet or larger
in size may only be permitted in any zoning district by conditional
use approval.
(b)
Artificial ponds of less than 2,000 square feet are permitted
in any zoning district of this ordinance and shall conform to these
regulations including the site plan and excavation permit requirements.
(c)
Wildlife ponds may only be permitted in Agricultural - Farmland
Preservation (AG-FP), Agriculture (AG), or Rural Residential (RR)
zoning and must reside in an existing wetland area. Design standards
are to be governed by the Wisconsin Department of Natural Resources
and/or the Soil Conservation Service and Agriculture Conservation
Service. All size wildlife ponds shall require conditional use recommendation
from the Planning and Zoning Commission and approval by the Board.
(2)
Approval Process.
(a)
The property owner, developer, or assigned agent shall make
application for and receive conditional use approval from the Board
with review and recommendation from the Planning and Zoning Commission
prior to requesting an excavation permit and beginning construction.
The property owner shall request and obtain the required excavation
permit for all lake or pond development, regardless of size, prior
to beginning construction.
(b)
The Building Inspector shall issue an excavation permit for
artificial lakes and ponds requiring conditional use approval, following
the Village's approval of the conditional use as prescribed above,
in accordance with the conditions and requirements of the conditional
use approval.
(c)
The Building Inspector shall issue an excavation permit for
all pond construction of less than 2,000 square feet and conduct the
necessary inspections to ensure the compliance of pond construction
with the requirements of this code.
(3)
Site Plans. A site plan shall be required for all lake or pond construction,
submitted with all conditional use approval applications as part of
the application itself, and submitted for review by the Building Inspector
for compliance with these regulations for all ponds not requiring
conditional use approval prior to the issuance of an excavation permit.
All site plans shall provide the following information:
(a)
A map drawn at a minimum scale of one inch to 200 feet showing
the proposed lake or pond size, existing buildings on the property
(residential and other), existing natural features of the property
(i.e. wetlands, watercourses, topographic features, etc.). and the
adjoining property within 500 feet of the site.
(b)
A layout of proposed residential lots and other buildings, if
applicable.
(c)
The type and location of sanitary facilities to be installed
if residential development is to take place or the existing sanitary
facility location and type.
(d)
Reasonable proof that the ground water table is at a sufficient
level to support the requirements of water depth for the applicable
designation (lake or pond). Water levels shall not be artificially
maintained by use of a well to protect the potable water source of
surrounding properties.
(e)
Surface water runoff with two foot contour topography.
The developer shall submit 10 copies of the site plan to the
Planning and Zoning Commission for lake or pond construction requiring
conditional use approval. A minimum of three copies shall be submitted
to the Building Inspector for pond construction not requiring conditional
use approval.
(4)
Development Standards.
(a)
All artificial lakes and ponds, other than a fish or wildlife
facility, garden ponds, or landscape ponds, shall meet the following
design standards:
1.
The center portion of any artificial lake shall be excavated
deep enough to maintain a water depth of 10 feet.
2.
The center portion of any pond, other than a fish or wildlife
facility, shall be excavated deep enough to maintain a water depth
of eight feet.
3.
The perimeter (land side) shall have a slope not greater than
one foot of fall in five feet of travel (5:1) for a minimum of 15
feet from the highwater mark.
4.
The perimeter (water side) shall have a slope not greater than
one foot of fall in three feet of travel (3:1) for a minimum of 15
feet from the highwater mark.
5.
No lake or pond shall be constructed within 50 feet of an existing
or proposed soil absorption onsite sanitary waste disposal system.
No lake or pond shall be constructed within 25 feet of an existing
or proposed holding tank, sanitary waste disposal system.
6.
No lake or pond shall be constructed within 50 feet of any existing
or proposed residence or other structure.
7.
No lake or pond shall be constructed within 30 feet of any property
line except for lakes or ponds that cross property lines may be approved
conditioned upon a maintenance agreement approved by the Board and
recorded with the Register of Deeds office.
8.
The perimeter of the lake or pond shall be landscaped and seeded
within six months after completion of the excavation.
9.
A performance bond of $1,500 per acre shall be required of the
property owner/developer for lakes and ponds of one acre or more in
size.
(b)
Garden ponds or landscape ponds shall meet the following design
standards:
1.
Must be lined with plastic, rubber, or similar material.
2.
Shall be designed to be stepped at a maximum of one foot intervals
to a depth of not more than three feet.
3.
Shall not be closer than 10 feet to the occupied portion of
a residential structure (not garages, decks, or accessory uses attached
to the dwelling).
4.
Shall not be closer than 20 feet to a property line.
5.
Shall be designed with a pump or circulating system to maintain
water quality.
6.
Shall be designed to be entirely self contained, allowing no
possibility of overflow or release of any non-native species into
the surrounding lands or waterways.
(5)
Other Requirements.
(a)
The constructed lake or pond shall meet the requirements of
the Brown County Shoreland and floodplain ordinances.
(b)
Artificial lakes or ponds constructed adjacent to a navigable
body of water shall comply with the regulations set forth by the Wisconsin
State Statutes and the Department of Natural Resources. The Building
Inspector or Planning and Zoning Commission may require the owner/developer
to obtain a determination of navigability from the Wisconsin Department
of Natural Resources for watercourses in close proximity to or associated
with the proposed lake or pond.
(c)
The groundwater table in the surrounding area and adjacent to
the lake or pond shall be protected.
(d)
The Division of Environmental Health requirements shall be met
to ensure proper safety of swimmers.
The following regulations shall apply to all future fill or
excavations of sand, gravel, stone, loam dirt, and other earth products
within the Village. All existing gravel pits, sand pits, and stone
quarries within the Village shall also be regulated by this code.
Excavations required to develop man-made bodies of water shall be
administered by separate Village codes.
(1)
Applicability and Permit Requirements.
(a)
Gravel Pits, Sand Pits, and Stone Quarries.
1.
The excavation of gravel, sand, stone, and other earthen materials
from gravel pits, sand pits, stone quarries, or other similar excavation
sites is allowed with a conditional use permit in the Agriculture
(AG), Agriculture-Farmland Preservation (AG-FP) Rural Residential
(RR), and Industrial Districts (I1, I2).
2.
Application for conditional use permits shall be made as provided for in Section 18.04(3)(d). All applications must include a detailed site plan containing all information listed in Section 18.21(2(a) and (b).
a.
If the conditional use permit is approved by the Board, the
Zoning Administrator shall issue the permit. The permit shall be valid
for two years upon issuance.
b.
Upon expiration of the permit, the Village shall inspect the
site to determine compliance with any conditions attached to the permit
as well as compliance with the existing regulations. The Village has
the right to attach additional conditions to the re-issuance of the
permit. If the regulations have been complied with, then the permit
may be reissued by the Board for another two-year period.
(b)
Other Earth Excavations and Fill.
1.
A permit is required for fill (temporary or permanent) or excavation
of sand, gravel, clay, silt, loam, rock, stone, muck, dirt, soil,
and other earthen materials.
2.
Exceptions. A permit is not required for:
a.
Necessary foundation and trench excavation only in connection
with work on the premises for which a building permit has been issued.
b.
Normal agricultural activities.
c.
Excavation, fill, and grading for public road construction purposes
within the right-of-way.
d.
All excavation or fill associated with the development of an
approved plat prior to acceptance/completion of the public roads.
3.
The Zoning Administrator shall have the authority to issue permits for fill and for all excavations not included in Section 18.21 (1)(a). Application for a fill permit shall be made to the Zoning Administrator by the property owner or his or her assigned agent. All applications must include a detailed site plan containing all information listed in Section 18.21(2)(a).
(2)
Site Plan Requirements.
(a)
The following information shall be submitted on a site plan
when applying for a fill or excavation permit:
1.
Existing and proposed contours of the site at intervals of 20
feet if required. Spot elevations may also be acceptable.
2.
Existing and proposed drainage patterns of the site.
3.
Drainage and erosion control plans.
4.
Approximate amount of earth material to be placed, and/or excavated,
and/or removed from the site.
(b)
The following additional information shall be submitted on a
site plan when applying for an excavation permit to operate a gravel
pit, sand pit, or stone quarry:
1.
A map showing the location of the premises and the adjoining
properties within 500 feet. The map shall be drawn at a scale not
smaller than one inch equals 200 feet.
2.
Proposed truck and machinery access to the site.
3.
Types and location of temporary or permanent buildings to be
erected on the site.
4.
Approximate number of trucks and other types of machinery to
be used at the site.
5.
Designated hours of operation.
6.
A timetable for the commencement and cessation of nonmetallic
mining operations and, if seasonal operations are intended, the months
of operation shall be identified.
7.
Measures to be taken to screen the operation from view of surrounding
land uses or a written explanation of why such measures are not needed.
8.
Measures to be taken to ensure dust control of the site.
9.
Amount of and location of parking spaces.
10.
Location and means of storing fuel.
11.
Security plans for site.
12.
Proposed regrading and revegetation of the site after completion
of the fill or excavating operation.
(3)
Operation of Gravel Pits, Sand Pits, and Stone Quarries. The following
regulations shall apply to the operation of all gravel pits, sand
pits, stone quarries, and other similar sites of excavation. All existing
sites of excavation shall comply with this section prior to any additional
expansions or alterations of the existing site.
(b)
Material Handling.
1.
No excavation shall take place within 50 feet of any property
line or street line if below the established grade of the street.
2.
No blasting within 100 feet of any adjoining property line.
3.
No screening, sifting, washing, crushing, or other forms of
processing shall be conducted upon the premises unless it is located
more than 500 feet from a residential dwelling.
(c)
Other Requirements.
1.
At all stages of operations, proper drainage shall be provided
to prevent the collection and stagnation of water and to prevent harmful
effects upon surrounding properties.
2.
The premises shall be filled and/or excavated and graded in
conformity with the plan as approved. Any deviation from the plan
shall be cause for the Board to revoke the permit upon the recommendations
of the Planning and Zoning Commission.
3.
When excavating and removal operations are no longer used, as
determined by the Zoning Administrator, the excavated area shall be
graded so that no gradients in disturbed earth shall be steeper than
a slope of 3-1 (horizontal-vertical). A layer of arable topsoil capable
of supporting perennial grasses shall be spread over the excavated
area, except exposed rock surfaces to a minimum depth of four inches.
The area shall be seeded with a non-invasive perennial grass capable
of survival in this climate and maintained until a uniform growth
is established.
4.
If the excavation site shall fall within a floodplain, shoreland,
or conservancy, the regulations as set forth in the Shoreland-Floodplain
Protection Ordinance for the Village shall apply.
5.
Village employees shall be allowed on the premises during scheduled
operating hours for inspection purposes.
6.
Any violation of this section shall be subject to the regulations
of the Section 18.99(9) of this code.
7.
A performance bond in such amount as the Administrator shall
deem sufficient to ensure completion of the work following excavation
pursuant to the conditions set forth in this ordinance. Said performance
bond may be in the form of a cash bond, certificate of deposit, or
insurance bond, the minimum value of which shall be the weekly extraction
value of material taken from the site, plus an amount to cover the
cost of restoration of the site in question.
8.
Copies of all permits required by overlying jurisdictions.
(1)
Application to Existing Use Districts. This section shall operate
as a conditional use and as an alternate to the permitted use and
regulations applicable to existing district, except the Agricultural
- Farmland Preservation (AG-FP) and Agriculture (AG) Districts, and
shall be applicable only to those lands which are hereby and may hereafter
be zoned Planned Development District by the Board. Basic underlying
zoning requirements for land conditionally zoned as a Planned Development
District, shall continue in full force and effect and shall be solely
applicable until such time as the Board grants final approval as hereinafter
provided. All Planned Commercial Districts approved prior to January
21, 2008 will fall under the guidelines of this section.
(2)
Purpose. The purpose of the Planned Development District and the
regulations applicable to the same are to encourage and provide means
for effecting desirable and quality development by permitting greater
flexibility and design freedom than permitted under the basic district
regulations, and to accomplish a well balanced aesthetically satisfying
Village and economically desirable development of building sites within
a Planned Development District. These regulations are established
to permit latitude in the development of the building sites if such
development is found to be in accordance with the purpose, spirit,
and intent of this code and is found not to be hazardous, harmful,
offensive, or otherwise adverse to the environment, property values
or the character of the neighborhood or the health, safety, and welfare
of the community. It is intended to permit and encourage diversification,
variation, and imagination in the relationship of uses, structures,
open spaces and heights of structures for developments conceived and
implemented as comprehensive and cohesive unified projects. It is
further intended to encourage more rational and economic development
with relationship to public services and to encourage and facilitate
preservation of open space and other natural features such as woodlands,
floodplains, and wetlands.
(3)
BASIC ZONING REGULATIONS
BUILDING SITE
COMPREHENSIVE PLAN
DENSITY
FINAL PLAN
IMPROVED OPEN SPACE
OPEN SPACE
PLANNED DEVELOPMENT DISTRICT
PRELIMINARY PLAN
UNIMPROVED OPEN SPACE
Definitions.
Such zoning regulations as are applicable to the use district
other than the regulations set forth in this section.
A tract of land not divided by public streets or into lots,
excepting single family dwelling purposes, and which will not be subdivided,
or where the tract of land, if so divided is in single ownership or
is owned by a condominium group. (The site must be located on a public
street or highway.)
The official guide for the physical, social, and economic
growth of the Village, which is now or may hereafter be in effect.
The number of dwelling units permitted per square foot of
land area or number of dwelling units permitted per acre of land use.
The final drawing described in Appendix A, Exhibit 10, indicating
the proposed manner for layout of the PBD to be submitted to the Planning
and Zoning Commission for approval.
The above parcels and any structure or improvements which
are placed upon such parcels (i.e. restrooms, tennis courts, ball
diamonds, etc.).
A parcel or parcels of land or an area of water, or a combination
thereof with the site designated and intended for the use or enjoyment
of residents of the Planned Development District.
An area of land, controlled by a single owner, corporation,
or other legal entity, which is to be developed as a single unit,
and is referred to as PDD.
The preliminary drawings described in Section 18.22(8), indicating the proposed manner and/or layout of the Planned Development District to be submitted to the Planning and Zoning Commission for approval.
Open space kept free of structure or improvements except
for hiking, horseback riding, bicycle trails, ponds, picnic areas,
and nature parks.
(4)
Uses Permitted.
(a)
Basic Zoning Uses. The following uses are permitted in a Planned
Development District upon obtaining all necessary approvals required
under this ordinance:
1.
All uses permitted under the basic zoning regulations applicable
to the zoning district in which the particular property is located.
2.
Where a building site is situated in more than one use district,
all uses permitted under basic zoning regulations of one district
may be extended into the adjacent district, but only under the condition
that the maximum area of such extension shall not exceed an area computed
to be 50% of the smaller of the areas of the portion of the property
located in either district.
3.
Recreational, commercial, and institutional uses may be included
to serve the residents of the PDD and/or residents of the surrounding
area, provided such uses can be supported by the residents as indicated
by an appropriate market study provided by the developer. Also, parking,
signage, and any additional use restrictions for the uses shall be
addressed in the code adopted that authorizes and establishes the
proposed PDD development.
(b)
Building Restrictions. Requirements for building height, size,
and floor area, lot size, setbacks (front, side, rear, and corner
side), density and open space shall be delineated in the final development
plan and the code adopted that authorizes and establishes the proposed
PDD. In no case shall these requirements be less than stated in other
sections of the PDD ordinance and shall be found to not be hazardous,
harmful, offensive, or otherwise adverse to the environment, property
values, or the character of the proposed development, surrounding
neighborhood or community or adverse to the health, safety, and welfare
of the residents of the PDD and/or community as a whole. Notwithstanding
the foregoing, if the final development plan does not address a specific
zoning requirement (the "Non-addressed Requirement"), the provisions
of the Suamico Zoning Ordinance shall apply to the development plan
to the extent of the non-addressed requirements.
(5)
General Provisions.
(a)
Engineering Design Standards. Normal standards or operational policy regarding right-of-way widths, provisions of sidewalks, street lighting and similar environmental design criteria shall not be mandatory in a planned development, but precise standards satisfactory to the Village, pursuant to the criteria as set forth in Section 18.22(6) shall be made a part of the approval plan and shall be enforceable as part of the code.
1.
Unless approved by the Village, all sewer and water utility
extensions shall remain public.
(b)
Approvals. The developer shall develop the site in accordance
with the terms and conditions of development presented to and approved
by the Board. Any changes or additions to the original approved development
site, structures, or plans of operation shall require resubmittal
and recommendation by the Planning and Zoning Commission and approval
by the Board.
(c)
Rescinding Approval. Failure to comply with conditions, commitments,
guarantees, or the recommendations established in the approval of
such development project shall be cause for rescinding the approval
of the same. Upon notice given by the Building Inspector, the developer
then shall be required to appear before the Board at its next public
meeting to explain any such failure to comply. The Board at such hearing
shall determine whether or not the developer shall have failed to
comply, and if there has been such a failure, may either:
1.
Rescind its approval, whereupon such recession and cessation
of all rights and privileges of the developer and owner, including
the right to complete construction or to construct any building or
other structure or improvement, shall become effective on the 31st
day following mailing by certified mail to the developer at his or
her last known address of a written notice of such decision; or
2.
Adjourn such hearing for a period not to exceed 65 days to enable the developer to comply; whereupon, if the developer is then in substantial compliance and has then established to the reasonable satisfaction of the Board that there will be compliance in the future, the rights and privileges of the developer and owner shall continue for such period of time that there be such compliance, or does not establish to the reasonable satisfaction of the Board that there will be compliance in the future, the Board will proceed in accordance with Section 18.22, 1.
(6)
Criteria for Approval. As a basis for determining the acceptability
of a PDD proposal, the following criteria shall be applied to the
development proposal, with specific considerations as to whether or
not it is consistent with the spirit and intent of this code, has
been prepared with competent professional advice and guidance and
produces significant benefits in terms of environmental design:
(a)
Character and Intensity of Land Use. The uses proposed and their
intensity and arrangement on the site shall be a visual, aesthetic,
and operational character which:
1.
Is compatible to the physical nature of the site, with particular
concern for preservation of natural features, tree growth, and open
space.
2.
Would produce an attractive environment of sustained aesthetic
and ecologic desirability, economic stability, and functional practicality
compatible with the general development plans as established by the
community.
3.
Would not adversely affect the anticipated provision for school,
sewer, water, snow removal, garbage pickup, fire protection, or other
municipal services.
4.
Would provide sufficient and accessible off-street parking and
loading facilities. The parking requirements shall be determined in
the specific approval of the preliminary and final development plans
and delineated in the code adopted that authorizes and establishes
the proposed PDD. However, the Village's off-street parking requirements
shall be used as a guide to determine adequate off-street parking
provision. Creativity in addressing the provision of parking is encouraged.
Alternate parking arrangements may be used (such as exterior or interior
satellite parking lots, provision of mass transportation, etc.) to
provide adequate parking within the requirements of the PDD code.
(b)
Landscaping of Parking Areas. The parking site shall be planned
to provide a desirable transition from the streetscape and to provide
for adequate landscaping, pedestrian movement, and parking areas.
In keeping with this purpose, the following design standard shall
be set forth:
1.
Where natural or existing topographic features contributed to
the beauty and utility of a development, consideration shall be given
to this preservation. Modification to topographic features should
only occur where it contributes to good appearance.
2.
Plant material shall be selected for interest in its ultimate
growth. Further, it is recommended that native materials be employed
for their ability to tolerate the prevailing adverse conditions.
3.
In locations where plant materials will be susceptible to injury
by pedestrians and/or motor vehicles; appropriate curbs, tree guards
or other protective devices shall be employed.
4.
Parking areas shall be arranged so as to prevent through traffic
to other parking areas.
5.
Parking areas shall be screened from adjacent structures, roads
and traffic arteries with hedges, dense planting, earth berms, changes
in grade, or walls except where parking areas are designed as an intricate
part of the street.
6.
All parking areas shall be adequately lighted. All such lighting
shall be so arranged as to direct the light away from the adjoining
residences.
7.
All off-street loading and unloading areas shall be paved, and
the design thereof approved by the Planning and Zoning Commission.
8.
All parking areas and off-street loading and unloading areas
shall be graded and drained so as to dispose of all surface water
without erosion, flooding, and other inconveniences.
(c)
Engineering Design Standards. The width of rights-of-way, width
and location of street or other paving, requirements for outdoor lighting,
location of sanitary and storm sewer and water lines, and provision
for drainage and other similar environmental engineering considerations
shall be based upon a determination as to the appropriate standards
necessary to implant the specific function in the specific situation;
provided, however, that in no case shall construction standards be
less than necessary to ensure the public safety and welfare.
(d)
Preservation and Maintenance of Open Space. Adequate provisions
shall be made for the permanent preservation and maintenance of common
"open space" and rights-of-way either by private reservation or dedication
to the public.
1.
In the case of private reservation, the open area to be reserved
shall be protected against building development by conveying to the
Village, as part of the conditions for project approval, an open space
easement over such open areas restricting the areas against any further
building or use except as is consistent with that of providing landscaped
open spaces for aesthetic and recreational satisfaction of the surrounding
residences. Buildings or uses for noncommercial recreational or cultural
purposes compatible with the open space objective may be permitted
only where specifically authorized as part of the development plan,
or, subsequently, with the express approval of the Board following
the recommendation of site and operational plans by the Planning and
Zoning Commission.
2.
In the case of roadways and other rights-of-way which are not
dedicated to the public, as part of the conditions for project approval
there shall be granted to the Village such easements over the same
as may be necessary to enable the Village to provide suitable and
adequate fire protection, sanitary and storm sewer water, and other
required municipal services to the project area.
3.
The care and maintenance of such open space reservations and
rights-of-way shall be assured either by establishment of an appropriate
management organization for the project or by agreement with the Village
for establishment of a special service district and levy the cost
thereof as a special assessment on the tax bill of properties within
the project area. In any case the Village shall have the right to
carry out, and levy an assessment for the cost of any maintenance
which it feels necessary if it is not otherwise taken care of to the
satisfaction of the Village. The manner of assuring maintenance and
assessing such cost to individual properties shall be determined prior
to the approval of the final project plans and shall be included in
the title of each property. The developer shall submit a landscape
maintenance schedule with the final plan for approval by the Village
that satisfies the above requirements.
4.
Ownership and tax liability of private open space reservations
and rights-of-way shall be established in a manner acceptable to the
Village and made a part of the conditions of plan approval.
(e)
Accommodation of Pedestrian Traffic.
1.
Sidewalks and/or other walkways and bicycle paths shall be provided
where necessary for the boundaries. Special attention shall be given
to connections accommodating pedestrian movement between the dwelling
units, common open space, recreation facilities, commercial establishments,
and parking facilities or areas.
2.
Walkway widths and surface treatments of all walkways shall
be designated with regard to their function and the anticipated manner
of usage. The natural feature of the area traversed by the walkway
system and suitable lighting in scale with the project shall also
be considered.
3.
Utilization of pedestrian ramps shall be encouraged where necessary
to either resolve conflicts with vehicular traffic or facilitate the
movement of elderly and/or children.
(f)
Setback Requirements. Setbacks for parking areas and structures
shall be established by the conditions governing the particular Planned
Commercial District so as to ensure compatibility with adjoining developments,
uses, and zoning but no parking area or structure shall be permitted
within:
(g)
Signs and Outdoor Graphics. All signage shall comply with Section 18.17 unless specific signage regulations are contained in the conditions of each approval by the Board authorizing the establishment of the Planned Development District.
(h)
Factors and Requirements to be Considered by the Planning and
Zoning Commission and the Board.
1.
Height of structures.
2.
Auto parking facilities.
3.
Screening and fencing.
4.
Landscaping.
5.
Setbacks.
6.
Open space and reservations.
7.
The site itself as it relates to neighborhood environment, compatibility
to existing neighborhood use, and general neighborhood characteristics.
8.
Nature and use of the proposed structures, and design, architecture,
and materials to be used.
9.
Highway access to the site, number of openings, and location
of same.
10.
Traffic generation, number of vehicles parked, and rate of turnover
per hour.
11.
Drainage.
12.
Capacities required for sewer, water, and other necessary utilities.
13.
Educational capacity capabilities (number of families and school
load).
14.
Economic impact on the Village, its inducements, attractions,
and detractions.
15.
Lighting.
16.
Proposed methods and hours of operation.
17.
Comparison of open space as required by the underlying basic
zones with that proposed project.
18.
Operational control.
19.
Commencement and completion dates.
20.
Highway dedication.
21.
Deed restrictions and sureties deemed necessary to protect the
health, safety, and welfare of the community.
22.
Such other limitations, conditions, special requirements, or
characteristics to the use as may be deemed necessary to protect the
health, safety, and welfare of the Village.
(i)
Implementation Schedule. The proponents of a planned development
shall submit a reasonable schedule for implementation of the development
to the satisfaction of the Planning and Zoning Commission and the
Board, including suitable provisions (and the Village may require
the furnishing of a sufficient performance bond) for assurance that
each phase could and should be brought to completion in a manner which
shall not result in adverse effect upon the community as a result
of termination at the end of any phase.
(7)
Pre-Application Conference. Prior to filing of an application for
PDD, the applicant of the proposed PDD is encouraged to arrange a
conference with the Village. The primary purpose of the conference
shall be to provide the applicant with an opportunity to gather information
and obtain guidance as to the general suitability of the proposal
for the area for which it is proposed and its conformity to the provisions
of this chapter before incurring substantial expense in the preparation
of plans, surveys, and other data.
(9)
Preliminary Approval.
(a)
Notice and Fee. A person desiring to develop a particular site as a planned development project shall apply to the Building Inspector on such forms as shall be provided by the Village and shall pay a fee equal to that currently required for a Preliminary Planned Development District application which must accompany said forms. Such application shall contain the names, mailing addresses, and telephone numbers of the owners and developers, and a description of the development site. Appropriate supporting documents and maps, as required in Section 18.22(9)(d) shall be filed with the application.
(b)
Notice to Committee. The Building Inspector shall inform the
Planning and Zoning Commission of such desire and shall secure a date
for a preliminary discussion between the developer and the Planning
and Zoning Commission, and shall notify such developer of such date.
(c)
Planning and Zoning Commission Recommendations. The Planning
and Zoning Commission, after such preliminary discussions and such
further discussions as may be required with the developer, shall report
in writing such proposed project development to the Board, together
with its recommendation for either approval or disapproval of the
same. Such report and recommendation of the Planning and Zoning Commission
shall be made to the Board no later than four months from the filing
of the application with the Building Inspector. A recommendation of
approval by the Planning and Zoning Commission shall in no way be
binding on the Board.
(d)
Information Required. The following information shall be provided
by the applicant in adequate detail to satisfy the Planning and Zoning
Commission for its recommendation regarding preliminary approval:
1.
A statement describing the general character of the intended
development.
2.
An accurate map of the project area, drawn to scale no less
than one inch equals 200 feet, showing the nature, use, and character
of abutting properties prepared by a registered surveyor.
3.
Four copies of a general development plan of the proposed project drawn at a scale no less than one inch equals 200 feet showing the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in Section 18.22(6) (a), (b), (c), (d), and (h) of this section:
a.
Tract boundaries and a statement of the total acreage of the
tract;
b.
Significant existing physical features within the tract, with
two feet contour topographic information, including natural drainage
patterns and water resources such as streams, drainage swales, watercourses,
ponds, lakes, wetlands, floodplains subject to 100-year flood frequency
and proposed changes in those features;
c.
Zoning district(s) on and within 400 feet adjacent to the proposed
project;
d.
Property lines (if any) within the proposed project;
e.
All contemplated land uses within the tract;
f.
An indicator of the contemplated intensity of use; i.e., gross
density in residential development; number of prospective tenants
in office, commercial and industrial development or recreational development;
g.
Number and type of dwelling units;
h.
Existing buildings that may affect future development and proposed
location of all principal structures and associated parking area;
i.
Proposed lot coverage of buildings and structures;
j.
Proposed circulation systems (pedestrian, bicycle, auto, mass
transit) by type, how they relate to the existing network outside
this site;
k.
Existing rights-of-way and easements which may affect the PDD
project;
l.
In the case of plans which call for development in stages, a
map at an appropriate scale showing the successive stages;
m.
The location of sanitary and storm sewer lines, watermains,
fire hydrants and lighting;
n.
The location of recreational and open space areas and areas
reserved or dedicated for public uses, such as schools, parks, etc.;
o.
Description of proposed system for drainage;
p.
General landscape treatment.
4.
Appropriate statistical data on the size of the development, residential density, ratio of various land uses, economic analysis of the development, and any other data pertinent to the evaluation under the criteria of Section 18.22(6)(a), (b), (c), (d), and (h).
5.
Architectural drawings and sketches illustrating the design
and character of proposed structures.
6.
General outline of intended organization structure related to
property owner's association, deed restrictions, and private provision
of common services, if any.
7.
Economic feasibility and impact report may be required by the
Planning and Zoning Commission to provide satisfactory evidence of
the project's economic feasibility, of available adequate financing,
and of not adversely affecting the economic prosperity of the Village
or the values of surrounding properties.
(10)
Amendment of Preliminary Approval. The recommendation of the Planning
and Zoning Commission and the preliminary approval of the Board shall
be based on and include as conditions thereto the building, site,
and operational plans for the development as approved, as well as
all other commitments offered or required with regard to project value,
character, or other factors pertinent to an assurance that the proposed
development will be carried out basically as presented in the approved
plans. Detailed construction time, and the approval of such preliminary
plan shall be conditional upon the subsequent submittal and approval
of more specific and detailed plans. Any subsequent change or addition
to the plans or use shall first be submitted to the Planning and Zoning
Commission, and if, in the opinion of the Planning and Zoning Commission,
such change or addition constitutes a substantial alteration of the
original plan, it shall timely make an appropriate recommendation
to the Board relating to an amendment of the preliminary approval.
(11)
Final Approval.
(a)
Petition for Final Approval. When the Board has issued its preliminary
approval of the proposed plan, then the developer may file with the
Clerk a petition executed by the owner of the property to be developed,
or its agent, for the final approval, stating that it seeks to develop
such property under the provisions of this section. Such petition,
accompanied by a final planned development district fee, shall include
(unless previously submitted):
1.
The names, mailing addresses, and telephone numbers of any additional
owners and developers of the development site, and the names of owners
and developers listed on the application that no longer have an interest
in the project, in the event there has been a change in owners or
developers since the date of application.
2.
An accurate topographical map showing topographical data at
two foot intervals and extending within 100 feet beyond the exterior
boundaries of such site, showing all public rights-of-way and all
buildings accurately located within 100 feet of the exterior boundaries
of such site. Such map shall contain all available utilities, including
drainage and capacities thereof and high water elevations along rivers.
3.
A scale plot plan showing the location, type, and size of every
proposed structure and its proposed use; also driveways, driveway
access roads, parking facilities, lighting appliances, recreation
areas, loading docks, open spaces, screening, fencing, and landscaping
areas, and utility easements.
4.
A statistical table showing the size of the site in square feet,
the acreage (exclusive of public streets), proposed population densities
and open areas (both in square feet and as a percentage of the project
area).
5.
Architectural drawings of all buildings and structures and sketches
showing the design characteristics and treatment of exterior elevations
and typical floor plans of proposed structures.
6.
A table showing the approximate cost of structures.
7.
A statement showing the starting and completion dates of the
project.
8.
Any other pertinent data, statements, drawings, or plans which
may be required by the Planning and Zoning Commission or the Board.
9.
The following additional information for commercial and industrial
developments:
(b)
Plan Approval. Approval of the preliminary plan shall entitle
the developer to final approval if the final development plan is submitted
within 12 months of the date of the preliminary plan and conforms
to such layout and conditions of the approved preliminary plan and
required final approval information. The Planning and Zoning Commission
shall make a recommendation to the Board within 45 days of the submittal
of a final plan. The Board then shall have an additional 45 days after
receipt of the Planning and Zoning Commission recommendation in which
to make a decision.
(c)
Expiration of Plan. If construction has not begun and/or no
use established in the PDD or one of its stages within 24 months of
final approval date, the final development plan shall lapse and be
of no further effect.
(d)
Changes. Minor changes in the location, setting, and heights
of buildings and structures may be authorized by the Planning and
Zoning Commission without additional hearing if required by engineering
or other circumstances not foreseen at the time the final plan was
approved. A planned development district amendment fee shall accompany
any such request. No change authorized by this section may cause any
of the following:
1.
A change in the use or character of the development.
2.
An increase in overall coverage of structures.
3.
An increase in the intensity of use.
4.
An increase in the problems of traffic circulation and public
utilities.
5.
A reduction in approved open space.
6.
A reduction of off-street parking and loading spaces.
7.
A reduction in required pavement widths.
8.
All other changes in use, or rearrangement of lots, blocks,
and building's tracts, every change in the provision of common open
space and changes other than listed above must be made by the Planning
and Zoning Commission. Such amendments may be required by changes
in community policy.
(12)
Interpretation. In their interpretation and application, the provisions
of this code shall be held to the minimum requirements and shall be
liberally construed in favor of the Village and shall not be deemed
in a limitation or repeal of any other power granted by the Wisconsin
statutes. Development shall be planned, reviewed, and carried out
in conformance with all municipal, state, and other laws and regulations.
However, in interpreting and applying the provisions of this subchapter
or any PDD adopted under this subchapter they shall take precedence
and be controlling when there is conflict between their provision
and those of the zoning provisions of this code.
(1)
Purpose of the Town Center Overlay District (TCOD).
(a)
The TCOD is intended to permit developments that will, over
a period of time, be enhanced by coordinated area site planning, diversified
location of structures and/or mixing of compatible uses. Such developments
are intended to provide a safe and efficient system for pedestrian
and vehicular traffic; to create more active social places; to provide
an opportunity for developers to create economic activities that serve
the needs of Village residents; to provide attractive recreation,
green spaces, town squares and plazas, and public activity spaces
as integral parts of the development; to enable economical design
of utilities and community facilities; and to ensure adequate standards
of construction and planning. The TCOD under this section will allow
for flexibility of overall development design, with benefits from
such flexibility intended to be derived by both the developer and
the community, while at the same time maintaining, where judged appropriated
by the Board, other standards or use requirements as set forth in
the underlying base zoning district. The TCOD shall be applicable
only within the district as depicted in the accompanying map within
the Town Center Plan (TCP).
(b)
The unified and planned development of a site in a single, partnership,
or corporate ownership or control or in common ownership under the
Unit Ownership Act set for in Wis. Stats. Ch. 703 (condominiums) may
be permitted by the Village upon specific petition, with such development
encompassing one or more principal uses or structures and related
accessory uses or structures, when all regulations and standards as
set forth in this section have been met.
(2)
Area Requirements for TCOD Project. Areas designated as a TCOD project
shall be under single or corporate ownership or control and shall
contain a minimum development area of either one half acres or the
size of the lots and parcels existing as of the adoption date of this
TCOD.
(3)
Uses, Structures, Lot Area and Dimensions, Density, Parking, Landscaping,
Heights, Setback Yards, and Other Requirements. Uses, structures,
individual lot sizes, densities, setbacks, yards, dimensional requirements,
landscaping requirements, parking requirements, height requirements,
and other requirements required by the underlying base use district
may be modified and shall be considered as permitted uses if, in the
judgement of the Planning and Zoning Commission, Design Review Commission,
and Board, the proposed project is compatible with the site design,
illustrations, guidelines, and related features as shown in the TCP.
(4)
Procedure.
(a)
Pre-Petition Conference. Prior to official submittal of the
petition for approval of a proposed project or development for the
TCOD, the owner or his or her agent making such petition shall meet
with the Village Staff to discuss the scope and proposed nature of
the contemplated development. Subsequent to such meeting, all costs
for Village Staff and consultants associated with the proposed project
shall be borne by the owner or his or her agent by agreement with
the Village.
(b)
The Petition. Following the pre-petition conference, the owner
or his or her agent may file a petition with the Planning and Zoning
Commission and Design Review Commission for an approval of a TCOD
proposal thereby permitting the application of the provisions of this
section to the designated area.
(c)
Such petition shall be accompanied by the appropriate fee as
well as a statement which sets forth the relationship of the proposed
project to the TCOD, the TCP, and any other plans or studies deemed
relevant by the Village and the general character and use of all structures
and site changes to be included in the proposed project, including
but not limited to the following items:
1.
Total area to be included in the project, are of open space,
commercial area computations, parking and traffic estimates, density
computations, proposed number of dwelling units, population analysis,
availability of or requirements for municipal services and any other
similar data pertinent to a comprehensive evaluation of the proposed
development.
2.
A general summary of the estimated value of structures and site
improvement costs, including landscaping and special features.
3.
A general outline of the organizational structure of a property
owner or management association, which may be proposed to be established
for the purpose of providing any necessary private services.
4.
Any proposed departures from the standards of development as
set forth in the Village zoning regulations, land division ordinance,
sign ordinance, other Village regulations or administrative rules
or other guidelines.
5.
The expected date of commencement of physical development as
set forth in the proposal and also an outline of any development staging
which is planned.
(d)
Subsequent to or in conjunction with the petition (as determined
by Village Staff), the applicant shall submit a general development
plan (GDP) which shall include, in addition to other site plan and
architectural review requirements, the following:
1.
A preliminary plat or certified survey map, if required, depicting
the plan of the development.
2.
A legal description of the boundaries of lands included in the
proposed project.
3.
A description of the relationship between the proposed project
and the surrounding areas, including all other areas within the boundary
to the TCP as requested by Village staff.
4.
The location of roads, driveways, parking facilities, sidewalks,
trails, bicycle facilities, and related circulation components.
5.
The size, arrangement, and location of any individual building
sites and proposed building groups on each individual lot.
6.
The location of recreational and open space areas and areas
reserved or dedicated for parks, town squares or town plazas, and
drainage ways.
7.
The type, size, and location of all structures.
8.
Specific landscaping treatment, including detailed street cross
sections showing roadside landscaping standards.
9.
Architectural plans, elevations and perspective drawings and
sketches illustrating the design and character of proposed structures.
10.
The existing and proposed location of sanitary sewer, water
supply facilities and stormwater drainage facilities.
11.
The existing and proposed location of all private utilities
or other easements.
12.
Characteristics of soils related to contemplated specific uses.
13.
Existing topography onsite with contours at no greater than
two foot intervals.
14.
Anticipated uses of adjoining lands in regard to roads, surface
water drainage and compatibility with existing adjacent land uses.
15.
If the development is to be staged, a staging plan.
(5)
Referral to Planning and Zoning Commission. The petition and GDP for a TCOD shall be referred to the Planning and Zoning Commission for its review and recommendation with regard to all aspects of the GDP except those to be submitted to the Design Review Commission as listed in Section 18.23(6) below. The Planning and Zoning Commission may add any additional conditions or restrictions which it may deem necessary or appropriate to promote the spirit and intent of this section and the purpose of this section or may reject or recommend denial of the application as inconsistent with the goals, intentions, or details of the TCP.
(6)
Referral to Design Review Committee. The petition and GDP for TCOD
shall be referred to the Design Review Committee for its review and
recommendation with regard to the design, architecture, and materials
to be used in the proposed structures, proposed lighting plan and
light fixture style, landscaping plan, and signage. The Design Review
Committee may add any additional conditions or restrictions which
it may deem necessary or appropriate to promote the spirit and intent
of this section and the purpose of this section or may reject or recommend
denial of the application as inconsistent with the goals, intentions,
or details of the TCP.
(a)
If the proposed development includes a historic structure, historic site, or is located within a historic district as designated through the procedures outlined in Chapter 16 Subchapter IV the submissions to the Design Review Committee shall instead be made to the Historic Preservation Commission for its review and recommendation.
(7)
Basis for Approval.
(a)
The Planning and Zoning Commission and Design Review Committee
in making its recommendations and the Board in making its determinations
shall consider:
1.
Whether the petitions for the proposed TCOD project have indicated
that they intend to begin the physical development of the designated
project within 12 months following the approval of the petition for
a TCOD project and that the development will be carried out according
to a reasonable construction schedule satisfactory to the Village.
2.
Whether the proposed TCOD project is consistent in all respects
with the purpose of this section and with the spirit and intent of
this section; is in conformity with the TCP and other Village plans
and studies that are relevant to this area; that such development
would not be contrary to the general welfare and economic prosperity
of the Village or of the immediate neighborhood; and that the benefits
and improved design of the resultant development justify the establishment
of a TCOD project.
(b)
The Planning and Zoning Commission, Design Review Committee,
and the Common Council shall not give their respective recommendations
or approvals unless it is found that:
1.
The proposed site shall be provided with adequate drainage facilities
for surface and storm waters.
2.
The proposed project shall be accessible from roads that are
adequate to carry the traffic that can be expected to be generated
by the proposed development.
3.
No undue constraint or burden will be imposed on Village services
and facilities.
4.
Adequate utilities shall be provided.
5.
Adequate guarantee is provided for permanent preservation of
open space areas, town squares and plazas, green spaces, and other
open spaces as shown on the approved site plan either by private reservations
and maintenance or by dedication to the public.
(8)
Changes or Additions. Any subsequent change or addition to the plans
or uses shall first be submitted for approval to the Planning and
Zoning Commission, and if in the opinion of the Planning and Zoning
Commission such change or addition constitutes a substantial alteration
of the original plan, a public hearing before the Board shall be required
and notice thereof shall be given pursuant to the provisions of this
section.
(9)
Developer's Agreement and Restrictive Covenants. The terms and conditions
of the TCOD shall be set forth in a developer's agreement and restrictive
covenants as deemed necessary by the Village.
(10)
Excluded Areas. Lands currently zoned Agricultural-Farmland Preservation
are not eligible for inclusion in any Town Center Overlay District.
The purpose and intent of this chapter is to provide for the
regulation of nonconforming buildings, structures, land and other
uses and to specify those circumstances and conditions under which
such nonconforming buildings, structures, land and uses shall be permitted
to continue.
(1)
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
Definitions.
A lot which had legal dimensions or square footage prior
to the adoption, amendment, or comprehensive revision of a zoning
ordinance, but which now fails to conform to the requirements of its
zoning district.
A structure which was legal prior to the adoption, amendment,
or comprehensive revision of a zoning ordinance, but which now violates
the size, location, or dimensional limits of its zoning district.
A use which existed lawfully prior to the adoption, amendment,
or comprehensive revision of a zoning ordinance, which does not comply
with present zoning provisions. A use permitted by zoning statutes
or ordinances to continue notwithstanding that similar uses are no
longer permitted in the area in which it is located.
(2)
General.
(a)
Any nonconforming building, structure, land, or other use which
existed lawfully at the time of the adoption of this code and which
remains nonconforming, and any such building, structure, land, or
other use which shall become nonconforming upon the adoption of this
code, or of any subsequent amendments thereto, may be continued subject
to the regulations which follow.
(b)
Any nonconforming building, structure, land, or other use which
is covered by Section 19 or Section 20 shall have the more restrictive
code apply.
(3)
Nonconforming Use.
(a)
If a nonconforming use is discontinued or terminated for a period
of 12 months, any future use of the building, structure, land, or
other use shall thereafter conform to the provisions of this code.
(b)
The structural alteration/repair of a structure containing a
nonconforming use shall not exceed 50% of the structures assessed
value over the life of the structure.
(c)
Additions to a structure containing a nonconforming use shall
not be allowed.
(d)
Once a nonconforming use has been changed to conform, it shall
not revert back to a nonconforming use.
(4)
Nonconforming Structure.
(a)
Primary Structures.
1.
Additions shall be allowed as long as the addition complies
with all the requirements of all applicable ordinances.
2.
Repairs and alterations shall be allowed except for structures
deemed a public safety hazard.
3.
No repair or alteration shall cause a structure to be more nonconforming
except when necessary for the structure to comply with applicable
local, state, or federal requirements.
(b)
Accessory Structures.
1.
Repairs and alterations of a structure shall not exceed 50%
of the structure's assessed value over the life of the structure,
except for structures deemed a public safety hazard.
2.
No additions shall be allowed.
3.
No repair and alteration shall cause a structure to be more
nonconforming except when necessary for the structure to comply with
applicable local, state, or federal requirements.
This section of the ordinance shall set forth the requirements
to adequately provide and develop the proper administration and enforcement
of this ordinance.
(1)
General.
(a)
This section shall provide the authority and necessary requirements
for issuance of variances, appeals, amendments, conditional uses,
special exceptions, and penalties.
(2)
Planning and Zoning Commission. The Planning and Zoning Commission
(referred to as Planning Commission) shall be the authorized planning
agency, administer the said zoning ordinance, and shall perform the
duties of the Planning and Zoning Committee as set forth in Wis. Stats.
§ 62.23 (and as amended).
(a)
Jurisdiction. The Planning Commission shall carry out the following
duties as enumerated in Wis. Stats. § 62.23 under this ordinance:
1.
Carry out the administration of this zoning ordinance.
2.
Review all applications for conditional uses, special exceptions,
and amendments to this ordinance and report said findings and recommendations
to the Board in the manner designated by this ordinance for conditional
uses, special exceptions, and amendments.
3.
Provide and maintain a public information bureau relative to
all matters arising out of this ordinance.
4.
Maintain permanent and current records of this ordinance including,
but not limited to all maps, land divisions, amendments, conditional
uses, special exceptions, variances, appeals, and applications thereof.
5.
Initiate, direct, and review from time to time a study of the
provisions of this ordinance and to make reports of its recommendations
to the Board.
(b)
Meetings.
1.
All meetings of the Planning Commission shall be held on the
second Wednesday of the month or at the call of the chairperson of
the Commission and at such times as the Commission may determine.
2.
The Commission shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing
to vote, indicating such fact, and shall also keep records of its
hearings and other official actions.
(c)
Decisions. All actions of the Planning Commission shall require
the vote of a majority of the members of the Commission.
(3)
Board of Appeals. The Board of Appeals is hereby established under Village Code Section 1.03 and as authorized under the provisions of the Wisconsin State Statutes, Chapter 62.23(7)(e) and as amended.
(a)
Jurisdiction. The Board of Appeals is hereby entrusted with
the jurisdiction and authority to:
1.
Hear and decide appeals from any order, requirement, decision,
or determination made under the provisions of this ordinance.
2.
Hear and act upon the application for variances from the terms
provided in this ordinance in the manner prescribed by and subject
to the standards established herein.
3.
Hear and decide all matters referred to it or upon which it
is required to act upon under this ordinance as prescribed by Wis.
Stats. § 62.23(7)(e) (and as amended).
4.
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by an administrative
official in the enforcement of Wis. Stats. § 62.23(7)(e)
or of any ordinance adopted thereto.
5.
To authorize upon appeal in specific cases such variance from
the terms of the land use and planning ordinance as will not be contrary
to the public interest where owing to special conditions, a literal
enforcement of the provisions of the ordinance will result in unnecessary
hardship, and so that the spirit of the ordinance shall be observed
and substantial justice done. To have the powers and duties provided
for Boards of Appeals under 62.23(7)(e)7 Wisconsin Statutes and shall
carry out their duties in the manner provided for Boards of Appeals
by 62.23(7)(e) Wisconsin Statutes.
(c)
Decisions. All decisions and findings of the Board of Appeals
on appeals or upon application for a variance shall be by the concurring
vote of the majority of the Board and after said hearing shall in
all instances be final administrative decisions and shall be subject
to judicial review as by law may be provided.
(4)
Variances.
(a)
Application.
1.
An application for a variance shall be filed with the Zoning
Administrator. The application shall contain such information as the
Board of Appeals by rule may require. Notice of the time and place
of such public hearing shall be published as a Class 1 Notice and
also by mailing notice thereof to parties in interest, said publication
and mailing to be made at least 10 days prior to the date of the hearing.
The Board of Appeals shall thereafter reach its decision within 60
days from the filing of the appeal.
(b)
Standards for Variances. The Board of Appeals shall not vary
the regulations as set forth in the Zoning Code unless it shall make
findings based upon the evidence presented to it in each specific
case.
1.
Because of the particular physical surrounds, shape, or topographical
condition of the specific property involved, a particular hardship
to the owner would result as distinguished from a mere inconvenience
if the strict letter of the regulations were to be carried out.
2.
Conditions upon which a petition for a variation is based are
unique to the property for which the variance is sought, and are not
applicable generally to other property within the same zoning classification.
3.
Alleged difficulty or hardship is caused by this ordinance and
has not been created by any person presently having an interest in
the property.
4.
Granting of the variation shall not be detrimental to the public
welfare or injurious to other property or improvements in the neighborhood
in which the property is located.
5.
Proposed variation shall not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion
of the public streets, or increase the danger of fire, or endanger
the public safety, or substantially diminish or impair property values
within the neighborhood.
(5)
Appeals. An appeal may be taken to the Board of Appeals by any person,
firm, or corporation, or by any office, department, board, or bureau
aggrieved by a decision of the Administrative Officer. The process
for such appeals shall be governed by Wisconsin Statute 62.23(7)(e).
(6)
Amendments to the Zoning Code.
(a)
Authority. The Board may from time to time in the manner hereafter
set forth amend the regulations imposed in the districts or amend
district boundary lines provided that in all amendatory ordinances
adopted under the authority of this section, due allowance shall be
made for the intent purpose of said changes as per 18.02, Purpose
and Severability of this ordinance.
(b)
Initiation. Amendments may be proposed by any governmental body
or any interested person or organization.
(c)
Application. An application for an amendment shall be filed
with the Zoning Administrator in such form and accompanied by such
information as required by the Planning and Zoning Commission. Said
application shall be reviewed and a written recommendation submitted
thereon to the Board.
(d)
Hearing Notice. The Board shall hold public hearing on each
application for an amendment. Time, place, and purpose of the hearing
shall be published as a Class 2 Notice.
(e)
Findings and Recommendations.
1.
The Planning Commission shall make written findings of fact
and shall submit together with its recommendations to the Board prior
to the public hearing.
2.
Where the purpose and effect of the proposed amendment is to
change the zoning classification of particular property, the Planning
Commission shall make findings based upon the evidence presented to
it in each specific case with respect to the following matters:
a.
Existing uses of property within the general area of the property
in question.
b.
Zoning classification of property within the general area of
the property in question.
c.
Suitability of the property in question to the uses permitted
under the existing zoning classification.
d.
Trend of development, if any in the general area of the property
in question, including changes if any, which have taken place in its
present zoning classification.
e.
Adequate public facilities to serve the development are present
or will be provided.
f.
Providing these facilities will not be an unreasonable burden
to the Village.
g.
The land is suitable for development and development will not
cause unreasonable air and water pollution, soil erosion, or adverse
effects on rare or irreplaceable natural areas.
h.
The Planning Commission may recommend the adoption of an amendment
changing the zoning classification of the property in question to
any higher classification than that requested by the applicant.
i.
The Planning Commission shall not recommend the adoption of
a proposed amendment unless it finds that the adoption of such amendment
is in the public interest and is not solely for the interest of the
applicant.
(f)
Board Action.
1.
The Board shall not act upon a proposed amendment to this ordinance
until it has received a written report and recommendation from the
Planning Commission on the proposed amendment.
2.
The Board may grant or deny any application for an amendment
provided, however, that in the event of a written protest, Wis. Stats.
62.23(7)(d)2m is followed.
3.
If an application for a proposed amendment is not acted upon
finally by the Board within 90 days of the date upon which such application
is received by the Board, it shall be deemed to have been denied.
4.
This section shall not interfere with the Board's ability to
alter, supplement, or change the boundaries or regulations established
in this ordinance.
(7)
Conditional Uses.
(a)
Purpose. To place unique land use characteristics within favorable
zoning districts to ease conflicts on neighboring lands and public
need, conditional uses shall be of two types.
(b)
Initiation. Any person having a freehold interest in land, or
a possessory interest entitled to exclusive possession, or a contractual
interest which may become a freehold interest or an exclusive possessory
interest, and which is specifically enforceable; may file an application
to use such land for one or more of the conditional uses provided
for in this ordinance in the zoning district in which the land is
located.
(c)
Application. The application for a conditional use shall be
filed with the Zoning Administrator on a form so prescribed by the
Planning Commission. The application shall be accompanied by such
plans and/or data prescribed by the Planning Commission and shall
include a statement in writing by the applicant and adequate evidence
showing that the proposed conditional use will conform to the standards
set forth in the respective zone districts. Such application shall
be reviewed by the Planning Commission and a written recommendation
submitted thereon to the Board.
(d)
Hearing on Application. Upon receipt in proper form of the written recommendation referred to Section 18.99 (7)(c), the Board shall hold a public hearing on the proposed conditional use.
(e)
Authorization. For each condition listed in an application for
a conditional use, the Planning Commission shall report to the Board
its findings and recommendations, including the stipulation of additional
conditions and guarantees that such conditions will be complied with
when they are deemed necessary for the protection of the public interest.
If an application for a proposed conditional use is not acted upon
within 90 days of the date upon which such application is received
by the Board, it shall be deemed to have been denied.
(f)
Standards. No conditional use shall be recommended by the Planning Commission unless said Commission shall find that the conditions comply with Section 18.02.
(g)
Conditions and Guarantees. Before issuing a conditional use,
the Planning Commission may recommend that the Board shall stipulate
conditions and restrictions upon the establishment, location, construction,
maintenance, and operation of the conditional use as is deemed necessary
for the protection of the public interest and to secure compliance
with the standards and requirements specified in Section 18.99(7)
(f) above. In all cases in which conditional uses are granted, the
Board shall require such evidence and guarantees as it may deem necessary
as proof that the conditions stipulated in connection therewith are
being and will be complied with.
(8)
Special Exceptions.
(a)
Purpose. A special or unique situation, excluding a change in
use or a use prohibited in a zoning district, which may authorized
by the Planning and Zoning Commission and is specifically set forth
in the ordinance as a special exception and which may justify the
waiver of the regulations applicable thereto and does not necessarily
require the demonstration of an unnecessary hardship or practical
difficulty.
(b)
Initiation. Any person having a freehold interest in land or
a possessory interest entitled to exclusive possession, or a contractual
interest which may become a freehold interest or an exclusive possessory
interest, and which is specifically enforceable, may file an application
for a special exception provided for in this ordinance in the Zoning
District in which the land is located.
(c)
Application. The application for a special exception shall be
filed with the Planning Commission on a form so prescribed by the
Planning Commission. The application shall be accompanied by such
plans and/or data prescribed by the Planning Commission, and shall
include a statement in writing by the applicant and adequate evidence
showing that the proposed special exception will conform to the standards
set forth in the respective zone districts. Such application shall
be reviewed and acted upon by the Planning Commission.
(d)
Hearing on Application. The Planning and Zoning Commission shall
hold a public hearing on the proposed special exception.
(e)
Authorization. For each special exception application, the Planning
Commission including the stipulation of additional conditions and
guarantees that such conditions will be complied with when they are
deemed necessary for the protection of the public interest. If an
application for a proposed special exception is not acted upon within
90 days of the date upon which such application is received by the
Planning and Zoning Commission, it shall be deemed to have been denied.
(1)
Penalty. Any person who violates, or knowingly allows or permits
any violation of, any provision of this ordinance, shall be subject
to a forfeiture of not less than $25 and not more than $2,500 per
violation. Failure or refusal to pay forfeiture may result in imprisonment
for a period of not more than 90 days for each offense. A separate
offense and violation shall be deemed committed on each day on which
a violation occurs or continues.
(2)
Severability. If a court of competent jurisdiction deems any provision
of this ordinance invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the other provisions of the same.
The several sections of this ordinance are declared to be severable.
If any section or portion thereof shall be declared by a decision
of a court of competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific section or portion
thereof directly specified in the court's decision, portions remaining
in the ordinance shall retain the full force and effect thereof.
(3)
Enforcement. Enforcement of this chapter shall be the responsibility
of the Board or its designee, and/or Police Department.
