(1)
Introduction. The proper regulation of the use of certain structures,
lands and waters, only through the use of the zoning districts contained
within this Ordinance is neither feasible nor adequate. Therefore,
the following regulations, which shall be applied in addition to the
district regulations, are necessary to accomplish the intent of this
Ordinance.
(2)
Compliance. No structure, land, water, or air shall hereafter
be used or developed and no structure or part thereof shall hereafter
be located, erected, moved, placed, reconstructed, extended, enlarged,
converted, demolished, or structurally altered without full compliance
with the provisions of this Ordinance and all other applicable local,
county and state regulations.
(1)
Uses Allowed. Only the following uses, structures and their
essential services shall be allowed in any district:
(a)
Principal uses and structures specified for a district
and permitted as a matter of right.
(b)
Accessory uses and structures are permitted as
a matter of right in any district but not until their principal structure
is present or under construction. Uses accessory to residential district
developments shall not involve the conduct of any business, trade
or industry except as may be provided in § ZN 3.03(1) and
(2) of this Ordinance. No accessory structure shall be occupied as
a separate dwelling unit. Accessory uses and structures are further
regulated by § ZN 3.02(2) of this Ordinance.
(c)
Conditional uses, as defined in § ZN
5.03(1) and their accessory uses may be permitted only in specified
districts after review, public hearing and approval by the Village
Board in accordance with procedures and standards established in this
Ordinance.
(e)
Temporary uses and structures, as may be provided
for under this Ordinance.
(2)
Site Plan Review.
(a)
Purpose and Intent. The purpose of this section
is to provide an integrated approach toward site and building development
and a process to review and approve Site Plans for land uses which
are subject to a Zoning Permit for any principal use or conditional
use in any district except the A-1, A-2 and A-4 agricultural districts,
the R-1, R-2, R-3, R-4, R-5, R-6, R-7 and R-8 residential districts.
The intent is to promote compatible development, stability of property
values, and to prevent impairment or depreciation of property values
of development, changes or additions to existing structures and redevelopment.
(b)
Process and Submittals. The Department of Planning
and shall review and approve the following plans as applicable:
1.
Building Plan.
2.
Site Plan.
3.
Parking Plan.
4.
Landscape Plan.
5.
Lighting Plan (including photometric).
6.
Stormwater Management Plan.
7.
Utility Plan.
8.
Traffic Impact Analysis (TIA) Plan.
9.
Natural Resources Protection Plan.
|
Such plans are necessary to identify existing and proposed structures,
architectural plans, building construction plans, neighboring uses,
parking areas, driveway locations, loading and unloading, highway
access, traffic generation and circulation, drainage, sewerage and
water systems, location and type of lighting, type, size and location
of signs, utilization of landscaping and open space, emergency vehicle
accessibility, and the proposed operation for all development classified
as a principal or accessory use.
|
(c)
Standards and Principles. The following principals
are established to implement and define the purpose and intents set
forth above.
1.
Building Design and Architecture. No building shall
be permitted in which the design or exterior appearance is of such
unorthodox or abnormal character in relation to its surroundings as
to be unsightly or offensive to generally accepted taste and community
standards is so identical with those adjoining as to create excessive
monotony or drabness.
Buildings shall avoid a "box like" appearance having horizontal
and vertical articulation. Integration of features like cornices,
staggered parapet walls, wall offsets, recessed or extended windows
and entries, covered arcades or similar design elements shall be used.
Building additions shall be designed to be consistent with the existing
building(s) in conjunction with the principles of this section.
2.
Building Facades. No building shall be permitted
where any exposed facade is not constructed or faced with a finished
material which is aesthetically compatible with the other facades
and presents an attractive appearance to the public and to surrounding
properties by a mixture of materials, banding, textures and colors.
Buildings shall have four-sided architecture.
3.
Building Materials. A minimum of 50% of a facade
facing an existing or future street or a facade that is visible by
the general public shall be finished with a combination of windows,
brick, native or manufactured stone, textured concrete block, decorative
masonry material or decorative precast concrete panels. Smooth face
concrete block is only permitted as an accent band. Additions to existing
buildings shall be permitted to maintain the appearance and materials
of the existing facade so as to maintain a consistent appearance.
4.
Building Scale and Mass. The relative proportion
of a building to its neighboring buildings, to pedestrians and observers,
or to other existing buildings shall be maintained or enhanced when
new buildings are built or when existing buildings are remodeled or
altered.
5.
Building Rooflines and Roof Shapes. The visual continuity
of roofs and their contributing elements (parapet walls, coping, and
cornices) shall be maintained in building development and redevelopment.
6.
Equipment and Mechanicals. Roof-mounted equipment
and mechanicals shall be screened from public view, when viewed from
grade level as measured from the lot lines and abutting street centerlines,
in a manner matching the architecture style and materials of the building.
A professional line-of-sight study may be required verifying this
provision. Roof-mounted equipment and mechanicals added to an existing
building shall comply with this provision. Roof drains, leaders and
downspouts shall be integrated into the exterior design of the building.
Ground equipment and mechanicals shall be screened from public
view with a combination of solid fencing or walls and landscaping
as deemed appropriate.
7.
Colors. Since the selection of building colors has
a significant impact upon the public and neighboring properties, color
shall be selected in general harmony with existing neighborhood buildings.
8.
Location and Orientation. No building or sign shall
be permitted to be sited on the property in a manner which would unnecessarily
destroy or substantially damage the natural beauty of the area, particularly
insofar as it would adversely affect values incident to ownership
of land in that area, or which would unnecessarily have an adverse
effect on the beauty and general enjoyment of existing structures
on adjoining properties.
9.
Erosion Control and Stormwater. Appropriate erosion
control and stormwater management measures shall be utilized in all
new development. Buildings and uses shall maintain existing topography,
drainage patterns, and vegetative cover insofar as is practical. Stormwater
management ponds and open drainage ways shall be designed to be visual
amenities. The Department of Planning and Development or the Plan
Commission may require that drainage easements be executed.
10.
Traffic Circulation. Buildings and uses shall provide
for safe traffic circulation and safe driveway locations. Clear and
identifiable patterns of circulation shall be designed to minimize
conflicts between pedestrian, automobile and truck traffic.
11.
Site Access and Parking. Buildings and uses shall provide adequate parking and loading areas. No loading dock or overhead doors shall face upon a street right-of-way without approval of the Department of Planning and Development. Site cross-access lanes and associated easements shall be provided where deemed necessary by the Department of Planning and Development and shall be a minimum of 24 feet wide. Subject to the requirements as set forth in § ZN 3.06 Dimensions of Parking and § ZN 3.06(3) Parking Requirements.
12.
Public Services and Utilities. Buildings and uses
shall be provided with adequate public services as approved by the
appropriate utility.
13.
Lighting. Subject to the requirements as set forth
in § ZN 3.18(1).
14.
Buffers and Screening. Appropriate buffers shall
be provided between dissimilar uses. Dumpsters and other trash receptacles
shall be screened from view with solid fencing or walls as deemed
appropriate by the Department of Planning and Development.
(1)
Requirements. Customary home occupations and professional home
offices may be established in a dwelling or accessory buildings only
in those districts which provide for such home occupations and professions.
In such districts, the following requirements shall apply, in addition
to all other applicable requirements of this Ordinance for the districts
in which such uses are located:
(a)
The home occupation or profession shall be clearly
incidental to the residential use of the dwelling and parcel and shall
not change the essential residential character of the dwelling and
parcel so that a typical neighbor would not be aware of such use other
than for a permitted sign.
(b)
Use of the dwelling and parcel for this purpose
shall be limited to 25% of one floor of either the dwelling or an
accessory building.
(c)
No accessory buildings shall be used in connection
with the home occupation except as provided in § (b).
(d)
No outside storage shall be used in connection
with the home occupation.
(e)
No chemical, mechanical or electrical equipment
that is not normally a part of domestic or household equipment shall
be used primarily for commercial purposes, with the exception of medical
or dental equipment used for professional purposes.
(f)
Machinery that causes noises or other interference
in radio or television reception shall be prohibited.
(g)
No internal or external alterations inconsistent
with the residential use of the building shall be permitted.
(h)
Residents of the dwelling only may be engaged in
the home occupation. In the case of professional offices, no more
than one non-resident may be employed on the premises.
(i)
No display of products shall be visible from the
street and only articles made on the premises may be sold on the premises.
(j)
Instruction in music, dancing and similar subjects
shall be limited to two students at a time.
(k)
No more than three vehicles used primarily as passenger
vehicles only shall be permitted in connection with the conduct of
the customary home occupation.
(l)
Signs shall be subject to regulations in § ZN
3.07(1) through § ZN 3.07(8), specifically § ZN
3.07(5) of this Ordinance.
(m)
Subject to the issuance of a Certificate of Compliance
as set forth in § ZN 2.02(5) of this Ordinance.
(2)
Permitted and Prohibited Home Occupations.
(a)
Examples of permitted home occupations include,
but are not limited to:
1.
Artist Studio.
2.
Computer services including desk top publishing
and word processing.
3.
Dressmaker or seamstress.
4.
Family day care with eight or fewer children or
adults.
5.
Gunsmith for service and repair of firearms licensed
by the Bureau of Alcohol, Tobacco and Firearms, provided no discharging,
loading of bullets, preparation of ammunition, sale, trade, lease
or rental of firearms and/or ammunition takes place within the premises.
6.
Offices for construction businesses (no equipment
or material storage).
7.
Office for accountant, architect, attorney, broker,
engineer, financial advisor, insurance agent, interior designer, land
surveyor, marking analyst, telemarketing or transcriber
8.
Taxidermy.
(b)
Examples of prohibited home occupations include,
but are not limited to:
1.
Auto body repair or maintenance.
2.
Auto or small engine repair or maintenance.
3.
Catering and food services.
4.
Construction and contractors' services.
5.
Firearms and/or ammunition sales, trade, lease or
rental.
6.
Landscaping and lawn services.
7.
Tattoo and body piercing.
8.
Tree services.
9.
Welding and machining.
(1)
Structures Per Lot; Public Access. All structures shall be located on a lot; and, except as otherwise provided in this Ordinance, in the A-1, A-2, A-4, R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7, R-8 and C-2 districts, only one principal structure shall be located, erected or moved onto a lot. The number, size and type of accessory structures shall be governed as specified in each district and § ZN 3.14 of this Ordinance. All lots shall abut upon a public street, easement of record or other officially approved means of access and no zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
(2)
Sanitary Width Requirements. Except as provided for in § ZN
3.04(3), lots serviced by a public sanitary sewer system shall have
a minimum frontage of 75 feet in width at the front lot line except
in the R-6 Urban Single-Family Residential District and the R-12 Mobile
Home District, and except as provided for in § ZN 3.04(3)
the width of all lots located on land with soils suitable for the
use of an on-site soil absorption sewage disposal system shall not
be less than 150 feet and the area of all such lots shall not be less
than 40,000 square feet per dwelling unit to be constructed on the
lot. Such on-site soil absorption sewage disposal systems shall be
designated in accordance with all state and local laws, regulations
and ordinances. On-site sewage disposal absorption systems shall be
located on the same parcel of land as the building or buildings which
are serviced by it.
(3)
Lots Abutting Culs-De-Sac. All lots abutting culs-de-sac and
curves may reduce the frontage on a public street or other officially
approved means of access as outlined in each district ONLY.
(4)
Multiple District Lots. Any lot or parcel containing more than
one zoning district shall be considered to be entirely within the
least restrictive district as defined in this Ordinance provided,
however, that in no case shall a district boundary be relocated a
distance greater than 75 feet.
(5)
Storage and Discharge Prohibited. No waste material such as
garbage, rubbish, gasoline, fuel oil, flammables, soils, tars, chemicals,
greases, industrial or agricultural waste, or any other materials
of such nature, quantity, obnoxiousness, toxicity, or temperature
so as to contaminate, pollute, or harm the waters shall be so located,
stored, or discharged in a way that would be likely to run off, seep,
or wash into surface or ground waters. Nor shall any such material
be allowed to accumulate on any lot of record so as to be unsightly,
dangerous or so as to constitute a nuisance. No gasoline storage tanks
shall be permitted in a residential district and no more than two
cords of firewood may be stored on any parcel located in the R-2 through
R-12 Districts.
(6)
Holding Tanks. The use of holding tanks shall be regulated by
the Kenosha County Sanitary Ordinance. In the case of conflict between
this Ordinance and the Sanitary Ordinance, the Sanitary Ordinance
shall control.
(7)
Reduction or Joint Use. No lot, yard, parking area, building
area, sanitary sewage disposal area, or other space shall be reduced
in area or dimensions so as not to meet the provisions of this Ordinance.
No part of any lot, yard, parking area, sanitary sewage disposal area,
or other space required for a structure or use shall be used to meet
the requirements for any other structure or use.
(8)
Lots Abutting More Restrictive Districts. Lots which abut upon
more restrictive districts shall provide side and rear yards not less
than those required in the more restrictive abutting district. The
street yard on the less restrictive district shall be modified for
a distance of not more than 75 feet from the district boundary line
so as to equal the average of the street yards required in each district.
(9)
Backlot Development Prohibited. Backlot development or lake
lot pyramiding on lakes is prohibited. Lots abutting a lake which
is zoned for single-family residential development shall be used on
a continuing basis for only one family. The purchase of a single lot
or outlot abutting a lake shall not be used as access for subdivisions
and other developments located away from the lake.
(1)
Intent. It is the intent of the Village Board of Trustees that
the following performance standards designed to limit, restrict and
prohibit the effects of those uses outside of their premises or district
be imposed upon all parcels falling within the jurisdiction of this
Ordinance so as to protect the quality of the environment, the safety
and health of the citizens of the Village of Somers, and to alleviate,
and where possible, eliminate nuisances. It is the further intent
of the Village Board of Trustees that all structures, lands, air and
waters shall hereafter, in addition to their use, site, shoreland
and sanitary regulations, comply with the following performance standards,
and all applicable standards set forth by the Wisconsin Department
of Industry, Labor and Human Relations, Wisconsin Department of Natural
Resources, and the Wisconsin Administrative Code.
(2)
Procedure.
(a)
Prior to Construction and Operation. Any application
for a permit under this Ordinance or any use subject to the regulations
and standards set forth herein shall be accompanied by a sworn statement
by the owner of the subject property that said property and use will
be operated in accordance with the performance standards hereinafter
set forth.
(b)
Continued Compliance. Continued compliance with
the regulations and standards heretofore set forth in this section
is required and enforcement of such continued compliance with these
regulations and standards shall be a duty of the Department of Planning
and Development.
(c)
Determination of Violation. The Department of Planning and Development shall investigate any reported violation of the hereinafter noted regulations and standards and, if there is reasonable grounds for the same, shall proceed in accordance with paragraph (d) below and § ZN 6.02 of this Ordinance.
(d)
Termination of Violation. All violations, as ascertained
in accordance with paragraph (c) above shall be terminated within
30 days after notice of such violation and in the event that said
violation is not terminated, it shall be deemed a separate violation
for each date of its existence and subject to fines as set forth in
this Ordinance, except that certain uses established before the effective
date of this Ordinance and non-conforming as to the regulations and
standards hereinafter set forth shall be given not more than 180 days
in which to conform therewith after the determination of the existence
of such violation and in the event said violation is not terminated,
it shall be deemed a separate violation for each day it existed since
the effective date of this Ordinance.
(3)
Regulation of Nuisance Elements.
(a)
No land or building in any district shall be operated
in such a manner so as to create any dangerous, injurious, noxious
or otherwise objectionable fire, explosive or other hazard; noise
or vibration, smoke, dust, dirt or other form of air pollution; water
pollution; electrical, radioactive or other disturbances; glare; or
other substance, condition or element (referred to herein as "dangerous
or objectionable elements") in such amount as to adversely affect
the surrounding area or premises; provided that any use permitted
by this Ordinance may be undertaken and maintained if it conforms
to the regulations of this subsection limiting dangerous and objectionable
elements at the specified point or points of the determination of
their existence.
(b)
The determination of the existence of any dangerous
and objectionable elements shall be made at:
(4)
Performance Standards to Be Enforced.
(a)
Air Pollution. No activity shall emit any fly ash,
dust, fumes, vapors, smoke, mists or gases in such quantities as to
cause soiling or danger to the health of person, animals, vegetation
or other forms of property. No activity shall emit any liquid or solid
particles in concentrations exceeding 0.3 grains per cubic foot of
the conveying gas nor any color visible smoke equal to or darker than
number two on the Ringleman Chart described in Wis. Admin. Code § NR
431 and NR 439 and amendments thereto.
(b)
Electrical, Radioactive or Other Disturbances.
No activity shall emit electrical, radioactive or other disturbances
outside its premises that are dangerous or adversely affect the use
of neighboring premises. All applicable federal and state regulations
shall be complied with.
(c)
Fire and Explosive Hazards. All activities involving
the manufacturing, utilization, processing or storage of flammable
and explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion with adequate firefighting
and fire suppression equipment and devices that are standard in the
industry. All materials that range from active to intense burning
shall be manufactured, utilized, processed and stored only in completely
enclosed buildings which have incombustible exterior walls and an
automatic fire extinguishing system. The above ground storage capacity
of materials that produce flammable or explosive vapors shall not
exceed the following:
|
Closed Cup Flash Point
|
Gallons
|
|---|---|
|
Over 187° F.
|
400,000
|
|
105° F. to 187° F.
|
200,000
|
|
Below 105° F.
|
100,000
|
(d)
Glare and Heat. No activity shall emit glare or
heat that is visible or measurable at the boundaries of the lot on
which the principle use is located. All operations producing intense
glare or heat shall be conducted within a completely enclosed building.
Exposed sources of light shall be shielded so as not to be visible
outside their premises.
(e)
Noise. At the points of measurement specified in
§ ZN 3.05(3)(b)2, the maximum sound pressure level radiated
in each standard octave band by any use or facility (other than transportation
facilities or temporary construction work) shall not exceed the values
for octave bands lying within the several frequency limits given in
Table I after applying the corrections shown in Table II. The sound
pressure level shall be measured with a Sound Level Meter and associated
Octave Band Analyzer conforming to standards prescribed by the American
Standards Association, Inc., New York, N.Y. (American Standard Sound
Level Meters for Measurement of Noise and Other Sounds, 224.3-1944,
American Standards Association, Inc., New York, N.Y., and American
Standard Specification for an Octave-Band Filter Set for the Analysis
of Noise and Other Sounds, 224.10-1953, or latest approved revision
thereof, American Standards Association, Inc., New York, N.Y. shall
be used.)
|
Table I
| |
|---|---|
|
Frequency Containing Standard Octave Bands in Cycles Per Second
|
Octave Bank Sound Pressure Level of Decibels Re 0.0002 dyne/cm
|
|
20-75
|
65
|
|
75-150
|
55
|
|
150-300
|
50
|
|
300-600
|
45
|
|
600-1,200
|
40
|
|
1,200-2,400
|
40
|
|
Above 2,400
|
35
|
If the noise is not smooth and continuous and is not
radiated between the hours of 10:00 p.m. and 7:00 a.m. one or more
of the corrections in Table II shall be applied to the octave band
levels given in Table I.
|
Table II
| ||
|---|---|---|
|
Type of Location of Operation or Character of Noise
|
Correction In Decibels
| |
|
1.
|
Daytime operation only
|
5
|
|
2.
|
Noise source operates less than
|
*
|
|
a.
|
20% of any 1 hour period
|
5
|
|
b.
|
5% of any 1 hour period
|
10
|
|
3.
|
Noise of impulsive character (hammering, etc)
|
-5
|
|
4.
|
Noise of periodic character (hum, screech, etc)
|
-5
|
|
5.
|
Property is located in any M-District and is not within 20 feet
of any R-District
|
10
|
|
*
|
Apply one of these corrections only
|
(f)
Odors. Except in the A-1, A-2 and A-4 Districts,
no activity shall emit any odorous matter of such nature or quantity
as to be offensive, obnoxious or unhealthful outside their premises.
The guide for determining odor measurement and control shall be Wis.
Admin. Code § NR 129 and amendments thereto.
(g)
Erodible Land Regulations. In addition to any other
applicable use, site or sanitary regulation, the following organic
and sandy soils listed below and any other soils having an erosion
factor of three shall not be used for crop production or grazing unless
such lands make use of contour cropping practices or strip cropping
practices or crop terraces.
|
133 - BmB, BmC2
|
|
316 - BmB, BmC2
|
|
359 - MxD2
|
|
414 - BmB, BmC2
|
|
416 - Ry
|
|
417 - CrD2, CrE
|
|
419 - SfB
|
|
451 - Ht
|
(h)
Soil Capability Regulations. In addition to any
other applicable use, site, or sanitary regulation, the following
restrictions or regulations shall apply to the following soils as
shown on the Operational Soil Survey Maps prepared by the USDA Natural
Resources Conservation Service for the Southeastern Wisconsin Regional
Planning Commission and which are on file with the Department of Planning
and Development;
Because of their erodibility and very low agricultural capabilities,
tillage is permitted on the following rough, broken, sandy, stony
or escarpment soils only when conducted in accordance with sound soil
conservation practices and after review by the Natural Resources Conservation
Service:
|
75 - CcB, CrC, CrD2, CrE
|
|
282 - CeB, CrC, CrD2, CrE
|
|
416 - Ry
|
|
417 - CrD2, CrE
|
|
419 - SfB
|
Farm drainage systems may be installed on the following
soils, which soils are subject to a flooding hazard and which have
generally unsuitable soil characteristics for an operative drainage
system, only if installed in accordance with sound soil conservation
practices and after review by the Natural Resources Conservation Service:
|
4 - Mf
|
|
5W - Sg
|
|
7 - Dh
|
|
10 - Am
|
|
10W - Ww
|
|
11 - Am
|
|
11W - Ww
|
|
54 - Lp
|
|
419 - SfB
|
|
452 - Ac
|
Because of very severe limitations for pasturing, grazing
is permitted on the following soils when conducted in accordance with
sound soil conservation practices and after review by the Natural
Resources Conservation Service:
|
4 - Mf
|
|
416 - Ry
|
|
419 - SfB
|
|
462 - Ht
|
(i)
Steep Land Regulations. In addition to any other
applicable use, site, shoreland, or sanitary regulation, the following
restrictions and regulations shall apply to all lands having slopes
of 12% or greater (see illustration #1) as shown on the Operational
Soil Survey Maps prepared by the USDA Natural Resources Conservation
Service in cooperation with the Southeastern Wisconsin Regional Planning
Commission and which are on file with the Department of Planning and
Development:
1.
Tillage and grazing of lands with slopes of 12%
or greater shall be permitted only if such tilling and grazing make
use of contour cropping practices, strip cropping practices or cropping
terraces. Spreading the manure or fertilizer on frozen ground and
establishment of feed lots shall be prohibited when such practice
would cause direct run off of pollutants into a drainage way or water
course.
2.
Tree cutting and shrubbery clearing for the purpose
of changing land use from wildlife or wood lot management on lands
with slopes of 12% or greater shall be conducted so as to minimize
erosion and sedimentation and promote the preservation of scenic beauty.
(j)
Vibrations. No activity in any district except
the M-1, M-2 and M-3 districts shall emit vibrations which are discernible
without instruments outside its premises. No activity in the M-1,
M-2 or M-3 districts shall emit vibrations which exceed the following
displacement measured with a three-component measuring system:
|
Displacement
(Inches)
| ||
|---|---|---|
|
Frequency
(cycles per second)
|
Outside the Premises
|
Outside the District
|
|
0 to 10
|
0.0020
|
0.0004
|
|
10 to 20
|
0.0010
|
0.0002
|
|
20 to 30
|
0.0006
|
0.0001
|
|
30 to 40
|
0.0004
|
0.0001
|
|
40 to 50
|
0.0003
|
0.0001
|
|
50 and over
|
.0002
|
0.0001
|
(k)
Water quality protection.
1.
No activity shall locate, store, discharge or permit
the discharge of any treated, untreated or inadequately treated liquid,
gaseous or solid materials of such nature, quantity, obnoxiousness,
toxicity or temperature that would be likely to run off, seep, percolate
or wash into surface or subsurface waters so as to contaminate, pollute
or harm such waters or cause nuisances, such as objectionable shore
deposits, floating or submerged debris, oil or scum, color, odor,
taste or unsightliness or be harmful to human, animal, plant or aquatic
life.
2.
In addition, no activity shall discharge any liquid,
gaseous or solid materials so as to exceed or contribute toward the
exceeding of the minimum standards and those other standards and the
application of those standards set forth in Wis. Admin. Code § NR
102 and amendments thereto for all navigable waters in the Village.
(1)
Traffic Visibility (Vision Triangle).
(a)
No obstructions, such as structures, fences, parking
or vegetation shall be permitted in any business, manufacturing or
institutional district between the heights of two feet and 10 feet
above the plane through the centerline of the road within the triangular
space formed by any two existing or proposed intersecting street or
alley right-of-way lines and a line joining points on such lines located
a minimum of 15 feet from the road right-of-way. (See illustration
No. 2).
(b)
In the case of any federal, state or county highway
or town road intersection with any other federal, state or county
highway or town road or railways, the corner cutoff distances establishing
the triangular vision clearance space shall be increased to 50 feet.
(2)
Off-Street Loading Standard.
(a)
Purpose. The purpose of this section is to prevent
congestion of public rights-of-way and private lots so as to promote
the safety and general welfare of the public by establishing minimum
requirements for the provision of loading facilities on various sites.
(b)
Applicability. Any use which has a gross floor
area of 6,000 square feet or more and which requires deliveries or
makes shipments, shall provide off-street loading facilities in accordance
with the regulations of this section.
(c)
Location. Loading berths shall not face upon any
public right-of-way without approval by the Department of Planning
and Development. If approval is obtained, a twenty-foot landscape
buffer shall be required. Access to the loading berth shall be located
in conformance with the table below. All loading areas shall be located
on private lands and shall not be located within, or so as to interfere
with, any public right-of-way.
(d)
Size of Loading Area. All required loading berths
shall have a minimum vertical clearance of 14 feet. The following
standards shall be the minimum used to design loading areas:
|
Loading Standards
| ||||||
|---|---|---|---|---|---|---|
|
Design Vehicle
|
Length in Feet (L)
|
Dock Angle (a)
|
Clearance in Feet (D)
|
Berth Width in Feet (W)
|
Apron Space in Feet (A)
|
Total Offset in Feet (T)
|
|
WB-40
|
50
|
90°
|
50
|
10
|
63
|
113
|
|
12
|
63
|
113
| ||||
|
14
|
63
|
113
| ||||
|
60°
|
44
|
10
|
46
|
90
| ||
|
12
|
40
|
84
| ||||
|
14
|
35
|
79
| ||||
|
45°
|
36
|
10
|
37
|
73
| ||
|
12
|
32
|
68
| ||||
|
14
|
29
|
65
| ||||
|
WB-50
|
55
|
90°
|
55
|
10
|
77
|
132
|
|
12
|
77
|
132
| ||||
|
14
|
77
|
132
| ||||
|
60°
|
48
|
10
|
55
|
103
| ||
|
12
|
51
|
99
| ||||
|
14
|
46
|
94
| ||||
|
45°
|
39
|
10
|
45
|
84
| ||
|
12
|
40
|
79
| ||||
|
14
|
37
|
76
| ||||
.tiff.png "ZN 3(1).tiff") |
(e)
Access to Loading Area. Each loading berth shall
be located so as to facilitate access to a public street or alley,
and shall not interfere with other vehicular or pedestrian traffic,
and shall not interfere with the function of parking areas. In no
instance shall loading areas rely on backing movements into public
right-of-way.
(f)
Surfacing and Marking. All required loading areas
shall be paved and maintained in a dust free condition at all times.
Said surface shall be marked in a manner which clearly indicates required
loading areas.
(g)
Use of Required Loading Areas. The use of all required
loading areas shall be limited to the loading and unloading of vehicles.
Said area shall not be used to provide minimum required parking spaces.
(h)
Lighting. All loading areas shall be lit so as to comply with § ZN 3.05 Exterior Lighting Standards.
(i)
Signage. All signage located within, or related to, loading areas shall comply with the requirements of § ZN 3.07 Signs and the requirements of § ZN 3.02(2) Site Plan Review.
(j)
Screening. All loading areas shall be screened
from public view by use of architectural walls, fences, berms, and/or
landscaping. The method of screening shall be reviewed and approved
by the Department of Planning and Development.
(k)
Depiction on Required Site Plan. Any and all required
loading areas proposed to be located on the property being developed
or redeveloped shall be depicted as to their location and configuration
on the site plan required for the development of the property.
(l)
Loading Requirements.
1.
In all districts adequate loading areas shall be
provided so that all vehicles loading, maneuvering, or unloading are
completely off the public rights-of-way and so that all vehicles need
not back onto any public rights-of-way.
2.
On every lot on which a business, trade, or industrial
use is hereafter established, space with access to a public street
or alley shall be provided as indicated below for the loading and
unloading of vehicles off the public right-of-way.
a.
Businesses. One space of at least 10 by 25 feet
for each 3,000 square feet of floor area or part thereof.
b.
Wholesale and Industrial. One space of at least
10 by 50 feet for each 10,000 square feet of floor area or part thereof.
c.
Bus and Truck Terminals. Sufficient space to accommodate
the maximum number of buses or trucks to be stored or to be loaded
or unloaded at the terminal at any one time.
(3)
Parking Requirements. In all districts and in connection with
every use, there shall be provided at the time any use or building
is erected, enlarged, extended, or increased off-street parking stalls
for all vehicles in accordance with the following:
(a)
Number of Off-Street Parking Stalls.
|
Residential Uses
| |
|---|---|
|
Type
|
Number of Stalls
|
|
Single-family dwellings including manufactured and mobile homes
|
2 spaces per dwelling
|
|
Two-family dwellings
|
4 spaces for each building
|
|
Multiple-family dwellings
|
2 spaces for 1- and 2-bedroom units; 2.5 spaces for 3- or more
bedroom units; plus 1 space for every 8 units for guest parking
|
|
Assisted living arrangements/community based residential facilities
|
1 space for each 6 patient beds, plus 1 space for each employee
on the largest shift, plus 1 space per staff member and visiting doctor
|
|
Commercial Uses
| |||
|---|---|---|---|
|
Type
|
1 Space/Sq. Ft.
|
Space/Employee
|
Special Criteria
|
|
Automatic teller machine
|
2 per machine
| ||
|
Auto part store
|
400
|
Largest work shift
| |
|
Automotive body repair or service
|
250
|
Full-time employee
|
2 per service bay
|
|
Automobile sales or rental, farm equipment sales or service
|
100
|
1 per 500 outdoor display area
| |
|
Bank/financial institutions
|
300
|
6 stacking/drive-up
| |
|
Brew/tavern/coffee shop
|
100
|
Largest work shift (2)
| |
|
Barber/beauty shop
|
Full-time employee (2)
|
1 per chair
| |
|
Bed and breakfast
|
2/owner or operator
|
1 per bedroom rented
| |
|
Bookstore
|
300
|
Full-time employee
| |
|
Car wash (self-serve)
|
2 per bay
|
2 stacking for each bay
| |
|
Car wash (automatic)
|
1 per bay
|
5 stacking before and 2 stacking after each bay
| |
|
Contractors yard
|
1,000
|
1 per company vehicle
| |
|
Convenience store
|
200
| ||
|
Day care center
|
Largest work shift
|
1 for every 6 children and 14' safety zone
| |
|
Physical fitness facilities
|
100
|
Largest work shift
| |
|
Funeral home
|
500
| ||
|
Garden centers, including greenhouse or nursery
|
200
|
Largest work shift
|
2 for each 3 employees
|
|
Gas station/no store
|
Largest work shift
|
No less than 3
| |
|
Gas station/store
|
200
|
Largest work shift
| |
|
Gas station/store and restaurant
|
150
|
Largest work shift
|
8 stacking
|
|
Greenhouse or nursery
|
150
|
1 per 500 outside sales and display area
| |
|
Grocery/retail store
|
200 (<50,000)
250 (50,000-100,000)
| ||
|
Hotel/motel
|
Largest work shift
|
1 per guest room
| |
|
Medical, dental and other professional health service offices
|
250
| ||
|
Night club
|
400
| ||
|
Professional offices
|
400
| ||
|
Restaurant, standard
|
100
|
Largest work shift
|
1 per 3 seats at maximum capacity
|
|
Restaurant, drive-in or fast food
|
50
|
Largest work shift
|
8 stacking and no <50 for drive-in
|
|
Restaurant, pick-up/takeout
|
50
|
Largest work shift
|
No fewer than 8 spaces
|
|
Self-storage/mini-warehouse
|
Full-time employee
|
1 per 10 storage units
| |
|
Department stores/shopping centers
|
200 (<50,000)
250 (50,000-1,000,000)
300 (>1,000,000)
| ||
|
Veterinary clinic
|
Full-time employee
|
4 per doctor
| |
|
Zoo/botanical gardens
|
2,000 lot area
| ||
|
Industrial Uses
| |||
|---|---|---|---|
|
Type
|
Space/Sq. Ft.
|
Space/Employee
|
Special Criteria
|
|
Contractors yard
|
1,000
|
1 per fleet vehicle
| |
|
Manufacturing
|
Largest work shift
|
plus 5
| |
|
Warehousing/distribution center
|
2,000
|
Full-time employee (2)
| |
|
Institutional Uses
| |||
|---|---|---|---|
|
Type
|
Space/Sq. Ft.
|
Space/Employee
|
Special Criteria
|
|
Administrative government center
|
300
| ||
|
Cemetery
|
Full-time employee
| ||
|
Colleges and high schools
|
Largest work shift
|
1 per 5 students
| |
|
Elementary and junior high schools
|
Largest work shift
|
1 per 2 classrooms
| |
|
Hospitals/nursing homes
|
Largest work shift
|
1 per bed and 1 per 5 outpatients
| |
|
Libraries, museums and gallery
|
400
| ||
|
Sororities/dorms/boarding house
|
1 per bed
| ||
|
Worship facility
|
Largest work shift
|
1 per every 4 seats
| |
|
Recreation and Entertainment
| |||
|---|---|---|---|
|
Type
|
Space/Sq. Ft.
|
Space/Employee
|
Special Criteria
|
|
Amusement center, arcades, aquariums, banquet halls, exhibition
halls
|
1 space per 3 person at maximum capacity
| ||
|
Athletic field
|
10 per field
| ||
|
Bowling alley
|
Full-time employee
|
5 per bowling lane
| |
|
Golf course
|
Largest work shift (2)
|
3 per hole
| |
|
Golf driving range
|
2 per tee
| ||
|
Indoor shooting range
|
Full-time employee
|
1 per shooting lane
| |
|
Marina
|
1.5 per boat slip
| ||
|
Miniature golf course
|
Largest work shift
|
1 per hole
| |
|
Park/recreation areas/community centers
|
Full-time employee (2)
|
TBD by P&D
| |
|
Skating rinks/swimming pools
|
Full-time employee (2)
|
1 per 3 persons based on maximum capacity
| |
|
Uses Not Listed
| |
|---|---|
|
Type
|
Spaces
|
|
All
|
Provisions for a similar use shall apply as approved by P&D
|
(b)
Handicap Parking Requirements. In addition to any
other requirements relating to parking spaces contained in this Ordinance,
Wis. Admin. Code § 346.503 sections adopted pursuant thereto,
are hereby adopted by reference and are made applicable to all parking
facilities whenever constructed.
(c)
Uses Not Listed. In the case of structures or uses
not listed, the provisions for a use which is similar shall apply
as determined by Planning and Development.
(d)
Adjustments to Number of Required Parking. In all
commercial, institutional, residential, and industrial districts,
the minimum number of required parking spaces may be adjusted by the
Department of Planning and Development on a case-by-case basis. The
petition for such adjustment shall show that adequate parking will
be provided for customers, clients, visitors, and employees. The following
provisions and factors shall be used as a basis to adjust parking
requirements:
1.
Evidence, such as peak versus off-peak demand, those
actual parking demands will be less than the ordinance requirements.
The petitioner shall submit written documentation that the operation
will require less parking than the ordinance requires.
2.
Availability of Shared Parking. The petitioner shall
submit written documentation that shared parking spaces are available
to satisfy the parking demand on either the same or an adjacent parcel.
a.
Shared parking agreements shall provide evidence
that either parking lots are large enough to accommodate multiple
users or that parking spaces will be shared at certain times of the
day (i.e. a church uses parking on Sundays, when other businesses
are closed).
3.
Space Set Aside for Reduced Parking. The site plan
for proposed use shall be designed to provide sufficient open space
on the subject site to accommodate the additional parking spaces otherwise
required by this Ordinance. The open space shall be provided which,
if converted to parking spaces, would provide off-street parking to
meet the full requirements of this Ordinance along with all related
open space requirements, stormwater management standards, and any
other code regulation or adopted standards.
4.
Changes in Occupancy or Use. When the use of a building,
structure, or land is changed to another use or occupant that requires
more parking spaces than required for the use existing immediately
prior to such change, additional parking spaces shall be constructed
for the new use or occupant in the amount necessary to conform to
this Ordinance.
5.
Changes in Intensity of Use. When the intensity
of use of a building, structure or land is increased by an addition
of employees, gross floor area, seating capacity, or other unit of
measurement, additional parking spaces shall be constructed for such
additions in the amount necessary to conform to this Ordinance.
(e)
Combinations of Uses. Combinations of any of the
above uses shall provide the total of the number of spaces required
for each individual use.
(f)
Interconnecting Parking Lots. Interconnecting parking
lots may be required to promote safe and controlled access points.
All required setbacks shall apply. The connecting aisles shall have
a maximum width of 24 feet. A cross access easement agreement, including
a legal description, specific use and maintenance responsibilities,
shall be approved by the Department of Planning and Development and
recorded in the Register of Deeds Office.
(g)
Adequate Access. Adequate access to a public or
private roadway shall be provided for each parking space. Driveways
for all single-family and two-family residential uses shall be a minimum
of 10 feet in width and not exceed 24 feet at the property line. For
all other properties, vehicular ingress and egress shall not exceed
35 feet in width at the property line.
(h)
Size. The minimum area of each parking space shall
be nine feet wide by 18 feet long, exclusive of the area required
for ingress and egress. Parking space width shall exclude the curb
gutter width. Parking space length can include the curb gutter width
up to the curb face.
(i)
Location. The location of each parking space shall
be on the same lot or parcel as the principal use, and all parking
lots shall have the same zoning district as the principal use.
(j)
Setback. Except for a single-family or two-family
residence, parking spaces and driveways shall be a minimum of 20 feet
from the established highway right-of-way, a minimum of 10 feet from
all rear and side lot lines and a minimum of 75 feet from the Ordinary
High Water Mark of a navigable water body. When abutting a residential
district or a planned residential district (based on a Village's adopted
Land Use Plan), driveways or parking lots shall be a minimum of 20
feet to the property line.
(k)
Surfacing. All off-street parking areas for more
than five vehicles shall be graded and surfaced with asphalt or concrete
and properly drained.
(l)
Markings. Any parking area for more than five vehicles
shall have the aisles and spaces identified by surface markings and
shall be maintained in a manner so as to be readily visible and accessible
at all times. Such markings shall be arranged to provide for orderly
and safe loading, unloading, parking and storage of vehicles. Marking
shall be maintained in a highly visible condition including striping,
directional arrows, lettering on signs and in handicapped-designated
areas.
(m)
Curbs or Barriers. Curbs or barriers shall be installed
so as to prevent vehicles from extending beyond the parking setback
requirements. Landscaped islands and planting strips shall be required
to be curbed.
(n)
Aisle Widths. The aisle width within parking lots
shall be a minimum of 24 feet between the ends of parking spaces,
except for one-way aisles which shall be 18 feet for 60° spaces.
(o)
Screening from Abutting Residential Uses. Those
parking areas for five or more vehicles if, abutting a residential
use, shall be screened from such use by a solid wall, fence, berm,
evergreen planting of equivalent visual density or other effective
means, built and maintained at a minimum height of four feet at the
time of planting or installation.
(q)
Lighting. Lighting fixtures shall be provided in all parking areas and driveways, except for single-family and two-family residential districts and then according to the requirements as set forth in § ZN 3.18 Exterior Lighting Standards. A photometric plan of all parking areas and driveways shall be submitted to Planning and Development for review and approval.
(r)
Vehicle Parking and/or Storage in a Residential
District.
1.
Semi-truck cabs shall not be parked and/or stored
on a parcel in any residential district for more than a total of four
days in a thirty day period. A day is counted if the semi-truck cab
is parked and/or stored for any length of time within in a normal
twenty-four hour day.
2.
The following vehicles shall not be parked and/or
stored on a parcel in any residential district:
a.
Semi-trailers, tow trucks, garbage trucks, septic
waste trucks and aerial lift trucks.
b.
Dump trucks, flatbed trucks, box trucks, panel trucks,
high cube vans, and step vans with licenses rated for a gross weight
equal to or greater than 12,000 pounds.
c.
Specialized construction type equipment and vehicles
such as, but not limited to backhoes, bulldozers, bobcats, skid loaders,
and chippers.
3.
Exceptions.
(s)
Vehicle Parking and/or Storage in an Agricultural
or Conservation District.
1.
The following vehicles shall not be parked and/or
stored on a parcel in any agricultural or conservation district:
a.
Tow trucks, garbage trucks, septic waste trucks
and aerial lift trucks.
b.
Dump trucks, flatbed trucks, box trucks, panel trucks,
high cube vans, and step vans with licenses rated for a gross weight
equal to or greater than 12,000 pounds, except when they are engaged
in the production, storage, trucking and/or transport of products
grown on the property.
c.
Specialized construction type equipment and vehicles
such as, but not limited to backhoes, bulldozers, bobcats, skid loaders,
and chippers, except when they are engaged in the production, storage,
trucking and/or transport of products grown on the property.
2.
The following vehicles may be parked and/or stored
on a parcel in any agricultural or conservation district.
a.
One semi-truck cab and one related semi-trailer
is permitted to be parked and/or stored on a parcel for every resident
of the parcel who is engaged in the profession of over-the-road transport,
with a maximum of two. Verification of residency and profession may
be required by the Department of Planning and Development.
b.
Semi-truck cabs and related semi-trailer parking
and/or storage are permitted on a parcel when they are engaged in
the production, storage, trucking and/or transport of products grown
on the property, with a maximum total of four.
c.
No semi-trailer shall be used for storage or parked
for any reason for more than 30 days in a 365-day period, except as
stated in a and b of this section.
d.
One local electrical power utility emergency response
truck is permitted on a parcel with approval by the Department of
Planning and Development.
(t)
Semi-Trailer Storage or Parking in a Business,
Manufacturing, or Institutional District.
(u)
Recreational Vehicle Parking.
1.
Recreational vehicles shall include but are not
limited to the following: boats, jet skis, mini-bikes, trail bikes,
off-road vehicles, motor homes, travel trailers, camping trailers,
and boat, motor bike, snowmobile, or vehicle trailers.
2.
Recreational vehicles are permitted in any district
except for in the Floodplain Districts where recreational vehicles
are not permitted subject to the following:
a.
Parking and/or storage of recreational vehicles
are permitted inside an enclosed accessory structure.
b.
Parking and/or storage of recreational vehicles
shall not be permitted on any vacant lot.
c.
No more than two recreational vehicles shall be
parked and/or stored in the side or rear yard outside of an enclosed
structure. No recreational vehicles shall be parked and/or stored
in the street yard. Recreational vehicles stored outside of an enclosed
structure shall be owned by the property owner or resident on whose
property the vehicle is parked and/or stored, except for approved
commercial storage facilities.
(4)
Driveways and Highway Access. All driveways installed, altered,
changed, replaced, or extended after the effective date of this Ordinance
shall meet the following requirements:
(a)
Openings for vehicular ingress and egress shall
not exceed 30 feet at the street line and 35 feet at the roadway.
(b)
Vehicle entrances and exits to drive-in theaters,
banks, restaurants, motels, funeral homes, vehicle sales and service,
car washes, service stations, garages, or public parking lots shall
be not less than 300 feet from any pedestrian entrance or exit to
a school, college, university, church, hospital, park playground,
library, or other place of public assembly.
(c)
No direct public or private access shall be permitted
to the existing or proposed rights-of-ways of freeways, interstate
highways, and interchanges and their entrances or exit ramps nor within
500 feet of the most remote end of the taper of the entrances or exit
ramp. (See illustration #3.)
(d)
No direct public or private access shall be permitted
to any existing or proposed Federal, State Trunk, or County Trunk
Highway within 250 feet of its intersection with another street or
highway right-of-way.
(e)
Access barriers, such as curbing, fencing, ditching,
landscaping, or other topographic barriers, shall be erected to prevent
unauthorized vehicle ingress or egress to the above specified streets
or highways.
(f)
Temporary access to the rights-of-way in subsections (c), (d) and (e) above may be granted by the Board of Adjustments after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable, and subject to any conditions required and shall be issued for a period not to exceed 12 months.
The purpose of this section is to provide for and regulate the
type, construction, image, maintenance and placement of signs in a
manner that will ensure that such signs are compatible with surrounding
land uses, are aesthetic in design and structure, and express the
identity of individual proprietors and the community as a whole. It
is the further intent by these regulations to avoid depreciation of
property values through indiscriminate location and design of signs,
to lessen threats to public safety from poorly constructed and maintained
signs to protect against hazards to vehicular traffic movement through
improper placement of signs and to clarify the rights and duties of
owners and users of non-conforming signs.
(1)
Permit Required.
(a)
No sign shall hereafter be located, erected, moved,
reconstructed, extended, enlarged, converted, or structurally altered
without a zoning permit, except those signs permitted under § ZN
3.07(2) and (3), and further excepting the refacing of existing signs
as defined in this Ordinance, without being in conformity with the
provisions of this Ordinance, § 84.30, Wis. Stats., as hereinafter
amended or recreated. The sign shall also meet all the structural
requirements of local and state building codes.
(b)
Before any sign for which a permit is required
by this Ordinance is erected, there shall be submitted to the Department
of Planning and Development the written consent of the owner of the
land upon which the sign is to be located that permission has been
so granted, a scale drawing of the proposed sign indicating its location
on the premises and its relationship to other structures and property
lines, and a computation of the display area as defined in this Ordinance.
(c)
Back to back signs or V-shaped signs shall constitute
but one sign within the meaning of this Ordinance.
(d)
All street sign setbacks shall be from the outer
edge of the highway, street or road right-of-way.
(e)
All side and rear setbacks shall be those of the
district of which the sign is located.
(2)
Signs Prohibited. No signs or any part thereof or sign anchors,
braces, or guide rods shall be attached, fastened, or anchored to
any fire escape, fire ladder, or standpipe, and no sign or any part
of any sign or any anchor, brace, or guide rod shall be erected, relocated,
put up, or maintained so as to hinder or prevent ingress or egress
from public or private driveways, parking lots or fire escapes or
through a door, doorway, or window or so as to hinder or prevent pedestrian
traffic on a sidewalk or so as to hinder or prevent the raising or
placing of ladders against a building by the fire department as necessity
therefore may require. No sign shall be placed so as to obstruct or
interfere with traffic visibility nor be lighted in such a way as
to cause glare or impair driver visibility upon public right-of-ways.
(a)
Any sign that creates a hazard or dangerous distraction
to vehicle traffic or a nuisance to adjoining property.
(b)
Any sign resembling, imitating or approximating
the shape, size, form or color of railroad or traffic signs, signals
or devices, or obstructing or interfering with the effectiveness of
said devices.
(c)
Any sign that moves or has moving, rotating or
animated parts.
(d)
Inflatable signs.
(e)
Any temporary, spring-action metal advertising
sign used, for example, to advertise cigarette or gasoline prices.
(f)
Any sign located within a vision triangle as defined
by § ZN 3.06(1).
(g)
Any sign installed or constructed within the right-of-way,
except for official signs.
(h)
Any sign containing statements, words or pictures
classified as "obscene material" as defined by § 944.21,
Wis. Stats.
(i)
Roof signs.
(j)
Any sign mounted on wheels, trailers, motor vehicles
or any other non-permanent structure parked within sight of a street
for the purpose of advertising. This section does not apply to signs
which are incidental to the identification of such motor vehicle.
(k)
Any sign that produces sound, causes interference
with radio, telephone, television or other communication transmissions;
produces or reflects motion pictures or video; emits visible smoke,
vapor, particles, or odor.
(l)
Obsolete signs.
(m)
Signs which are deteriorated, dilapidated, structurally
dangerous or unsafe, as determined by local building inspector.
(n)
Off-premise signs, except for unified business
center signs.
(o)
Any sign exceeding 30 feet in height.
(3)
Signs Permitted in all Districts Without a Zoning Permit. The
following types of signs shall be permitted in all districts without
a zoning permit, located on the premises upon the following conditions:
(a)
Agricultural District Signs.
(d)
Flagpoles.
1.
Number: three flagpoles per property in any non-residential
district.
2.
Area: No maximum.
3.
Height: 40 feet.
4.
Street Setback: Equal to the height of the flagpole.
5.
Lighting: Shall be designed and shielded so as not
to direct any light or produce glare onto any adjacent residential
districts and shall also be so arranged so as to not adversely affect
driver visibility with stray light or glare on adjacent rights-of-way.
6.
Landscaping: None required.
(e)
On-Site Informational Signs.
1.
Drawings showing the specific design, appearance
and location of the sign(s) shall be submitted to the Department of
Planning and Development for approval.
2.
Number: No limit.
3.
Area: Maximum of nine square feet per sign.
4.
Height: five feet.
5.
Street Setback: two feet.
6.
Lighting: Full cut-off; top down directional or
internal.
7.
Landscaping: None required.
(f)
Temporary Signs.
1.
Area: Maximum of nine square feet per side of sign,
or if located on a county or state trunk highway shall not exceed
32 square feet per side of sign, maximum 64 square feet maximum for
all sides.
2.
Height: five feet, or if on a county or state trunk
highway 10 feet.
3.
Street Setback: 15 feet.
4.
Lighting: None permitted.
5.
Landscaping: None required.
(g)
Window Signs. Provided not more than 50% of each
window is covered by signs or graphics and is located on the inside
of the window.
(4)
Signs Permitted in all Districts With a Permit. Except as provided
in § ZN 3.07(2) and (3), the following signs shall be permitted
in all districts with a permit:
(a)
Temporary Development Signs. A sign for the purpose
of designating or promoting a new building, development, business/industrial
park or subdivision may be permitted for a limited period of time
with the approval of the Department of Planning and Development and
subject to the following:
1.
Drawings showing the specific design, appearance
and location of the sign.
2.
The Sign shall be Located in the Development Site.
Such sign may be permitted for a period up to two years, and extension
may be permitted for a period not to exceed six years total.
3.
Number: two.
4.
Area: 50 square feet per side of sign.
5.
Height: 15 feet.
6.
Street Setback: 15 feet.
7.
Lighting: Full cut-off; top down directional or
ground mounted directional.
8.
Landscaping: As contained elsewhere in this Ordinance.
(b)
Permanent Development Signs. A sign which is permanently
located at entrances or along streets or highways which designates
a development, business/industrial park or subdivision with the approval
of the Department of Planning and Development and subject to the following:
1.
Drawings showing the specific design, appearance
and location of the sign.
2.
Only the name of the development shall be permitted
on the sign. The sign shall be located in the development site.
3.
Number: one.
4.
Area: 150 square feet per side.
5.
Height: 10 feet.
6.
Street Setback: 15 feet. If located in an island
boulevard the sign shall not be less than 15 feet from the back of
the curb of the center boulevard island adjacent to the intersection,
highway or street right-of-way and furthermore shall not be less than
four feet from the back of the curb of the boulevard island.
7.
Lighting: Full cut-off; top down directional or
ground mounted directional.
8.
Landscaping: As contained elsewhere in this Ordinance.
(5)
Signs Permitted in Residential Districts. Except as provided
in §§ ZN 3.07(2) and (3), the following signs are permitted
only in the residential districts with a permit and only on the premises
and subject to the following regulations:
(a)
Freestanding Signs. Signs for home occupations
permitted under §§ ZN 3.03(1) and (2), provided:
(6)
Signs Permitted in All Business, Manufacturing, Institutional,
and Park-Recreational Districts. Except as provided in §§ ZN
3.07(2) and (3), the following signs are permitted only in the business,
manufacturing, institutional, and park recreation districts with a
permit and only on the premises and subject to the following regulations:
(b)
Menu Boards. Drawings showing the specific design,
appearance and location of the sign(s) shall be submitted to the Department
of Planning and Development for approval.
(c)
Monument Signs.
1.
Number: Limited to one per street frontage or drive
entrance, provided that no monument sign is located closer than a
minimum of 300 feet to another monument sign on the same property.
2.
Area: 80 square feet per side of sign, 160 square
feet maximum for all sides.
3.
Height: 10 feet.
4.
Street Setback: five feet.
5.
Lighting: Full cut-off; top down directional, ground
mounted directional or internal.
6.
Landscaping: As contained elsewhere in this Ordinance.
(d)
Freestanding Signs.
1.
Number: Limited to one per street frontage or drive
entrance, provided that no freestanding sign is located closer than
a minimum of 300 feet to another freestanding sign on the same property.
2.
Area: 150 square feet per side of sign, 300 square
feet maximum for all sides, except for freestanding signs within an
area between Interstate Highway 94 and a distance 50 feet beyond the
outermost right-of-way edge of the Frontage Road may be up to 300
square feet per side of sign and 600 square feet maximum for all sides.
3.
Height: 20 feet, except for freestanding signs within
an area between Interstate Highway 94 and a distance 50 feet beyond
the outermost right-of-way edge of the Frontage Road may be up to
30 feet.
4.
Street setback: 15 feet.
5.
Lighting: Full cut-off; top down directional, ground
mounted directional or internal.
6.
Landscaping: As contained elsewhere in this Ordinance.
7.
Signs with exposed poles or posts shall be individually
enclosed or covered.
(f)
Projecting Signs.
1.
Number: one.
2.
Area: 100 per side.
3.
Height: 20 feet above the mean centerline street
grade and shall not be less than 10 feet above a sidewalk or other
pedestrian way, nor 15 feet above a driveway or an alley.
4.
Street setback: 15 feet.
5.
Other setback: Shall not extend more than six feet
in any required yard; shall not be less than 10 feet from all lot
lines.
6.
Lighting: Full cut-off top down directional or internal.
7.
Landscaping: None required.
(g)
Unified Business Center Sign.
1.
Number: Limited to one per street frontage and/or
entrance. An additional Unified Business Center Sign is permitted
per 400 feet of street frontage, with a maximum of two signs permitted
per street frontage.
2.
Area: 300 square feet per side, 600 square feet
maximum for all sides.
3.
Height: 30 feet.
4.
Street Setback: 15 feet.
5.
Lighting: Full cut-off; top-down directional, ground-mounted
directional or internal.
6.
Landscaping: As contained elsewhere in this Ordinance.
7.
Signs with exposed poles or posts shall be individually
enclosed or covered.
(h)
Wall Signs.
1.
Single-Tenant Buildings.
a.
Number: one per public entrance or wall/facade which
fronts upon a public right-of-way or private drive.
b.
Area: Limited to 1.5 times the length of the wall
on which the sign is to be placed, up to a maximum of 600 square feet.
c.
Height: 20 feet in height above the mean centerline
street grade.
d.
Extension: Shall not extend more than 12 inches
outside of a building's wall surface.
e.
Lighting: Full cut-off; top-down directional, or
internal.
f.
Landscaping: None required.
2.
Multi-Tenant Buildings and Shopping Centers.
a.
Number: one per tenant, plus each tenant may place
one wall sign per public entrance or wall/facade which fronts upon
a public right-of-way or private drive and contained within the tenant's
internal wall space or end cap wall area.
b.
Area: Limited to 1.5 times the length of the wall
on which the sign is to be placed, up to a maximum of 600 square feet.
c.
Height: 20 feet in height above the mean centerline
street grade.
d.
Extension: Shall not extend more than 12 inches
outside of a building's wall surface.
e.
Lighting: Full cut-off; top-down directional or
internal.
f.
Landscaping: None required.
(i)
Search Lights. The temporary use of search lights
for advertising purposes may be permitted provided that the search
light will not be located in any public right-of-way, will not be
located closer than 10 feet to an adjacent property, and will not
cause a hazard to traffic or adjoining properties. Search light permits
shall not be granted for a period of more than 12 days in any six-month
period.
(7)
Signs Permitted in Floodplain District. No signs shall be permitted
in the Floodplain District.
(8)
Conservancy District Signs. No commercial advertising sign shall
be permitted in the C-1 or C-2 Districts.
(9)
Existing Non-Conforming Signs. Signs lawfully existing at the
time of the adoption or amendment of this Ordinance may be continued
or refaced, as defined in this Ordinance, although the use, size,
or location does not conform with the provisions of this Ordinance.
However, it shall be deemed a non-conforming use or structure and
the provisions of § ZN 5.02(7) or § ZN 5.02(8)
shall apply as applicable.
(10)
General Sign Construction Standards and Requirements.
(a)
Electronic Message Centers (EMCs). A freestanding
sign, monument sign or wall sign may contain an EMC, provided it does
not display video. All EMCs are required to have automatic dimming
capability that adjusts the brightness to the ambient light at all
times of the day and night.
Any EMC that malfunctions, fails, or ceases to operate in its
usual or normal programmed manner, thereby causing motion, movement,
flashing or any other similar effects, shall be repaired or disconnected
within 24 hours by the owner or operator of such sign.
1.
Area: Maximum of 66% of total permitted display
area.
2.
Brightness: Not to exceed 0.3 footcandle over ambient
lighting conditions when measured as detailed in the International
Sign Association's "Recommended Night-time Brightness Levels for On-Premise
Electronic Message Centers (EMC's)", dated October 2013.
3.
Message Hold Time: Maximum of five seconds.
4.
Transition Duration: Maximum of one second.
(b)
Wind Pressure and Dead Load Requirements. All signs
and other advertising structures shall be designed and constructed
to withstand wind pressure of not less than 40 pounds per square foot
of area.
(c)
Protection of the Public. The temporary occupancy
of a sidewalk or street or other public property during construction,
removal, repair, alteration, or maintenance of a sign is permitted
provided the space occupied is roped off, fenced off, or otherwise
isolated.
(d)
Maintenance. Except for non-conforming signs, the
owner of any sign shall keep a sign in good maintenance and repair
which includes restoring, repainting, or replacing a worn or damaged
sign to its original condition. The owner of all conforming and non-conforming
signs shall, however, maintain the premises on which the sign is erected
in a clean, safe, and inoffensive condition, free and clear of all
obnoxious substances, rubbish, weeds, and grass.
(e)
Supporting Members or Braces. All signs shall be
constructed of galvanized iron, properly treated steel, copper, brass,
or other non-corrosive incombustible material or properly treated
and structurally sound wood. All signs, if placed at a right or other
angle to the wall or roof of any building, shall be attached by such
non-corrosive metal bolts, anchors, cable, or other metal attachments
as shall ensure permanent and safe construction, and shall be maintained
free from rust or other defects.
(f)
Compliance with Electrical Codes. All electric
signs shall comply with applicable local and state electrical codes.
(g)
External Lighting. All external lighting of signs
shall be designed and shielded so as not to direct any light or produce
glare onto any adjacent residential districts and shall also be so
arranged so as to not adversely affect driver visibility with stray
light or glare on adjacent rights-of-ways.
(h)
Landscape Requirements. All freestanding or monument
signs shall meet the landscape requirements as contained elsewhere
in this Ordinance.
(1)
Permit Required. No fence, except those fences provided for
in § ZN 3.08(2), shall hereinafter be located, directed,
moved, reconstructed, extended enlarged, converted or structurally
altered without a zoning permit and without being in conformity with
the provisions of this Ordinance, State Statutes and the Wisconsin
Administrative Code. The fence shall also meet all the structural
requirements of local and State codes. All fences shall be constructed
in a manner that the finished side of the fence faces the neighboring
property.
(2)
Fences Permitted Without a Zoning Permit. The following fences
are permitted as specified without a zoning permit subject to the
following restrictions and providing that said fence does not in any
way interfere with traffic visibility:
(a)
A snow fence shall be permitted in all districts
when comprised of wooden pickets bound together by wire or molded
plastic mesh and not exceeding four feet in height and removed between
May 1 and November 1 of each year. No privately-owned snow fence shall
extend beyond the highway right-of-way line.
(b)
Fences to be installed around swimming pools shall
be governed by the provisions of § ZN 3.09(7).
(c)
Agricultural fences in the A-1, A-2, A-3 and A-4
Districts shall be permitted provided that they do not extend beyond
the highway or road right-of-way.
(d)
Decorative fences not exceeding two feet in height
shall be permitted in all districts.
(e)
Wire strand fences for agricultural purposes may
be constructed or placed within the required shore yard and/or C-1
Lowland Resource Conservancy District.
(3)
Fences or Walls for Which a Zoning Permit is Required.
(a)
Residential fences or walls are permitted up to
the side and rear property lines and not closer than two feet to any
public right-of-way in residential districts, but shall not be greater
than six feet in height in the side yard and rear yard, nor greater
than four feet in height in the street yard. Residential fences or
walls may be six feet in height in the rear street yard of a double
frontage lot or in the side street yard of a corner lot not closer
than 15 feet to the right of way of the side street yard. No fence
or wall greater than two feet in height shall be placed within the
vision triangle. No fence or wall which incorporates barbed wire shall
be permitted in a residential district. Residential fences may be
constructed or placed within the required shore yard in any district
provided the fence is not more than four feet in height, is a split-rail
or board type with minimum openings of at least one foot by eight
foot, and is at least two feet from the ordinary high water mark of
any navigable waterway.
(b)
Security fences or walls are permitted in all districts
other than residential districts. Security fences or walls may be
placed on side and rear property lines, but shall not be located closer
than two feet to a public right-of-way line. Security fences or walls
shall not exceed 10 feet in height. No fence or walls greater than
two feet in height shall be placed within the vision triangle. Security
fences shall not be constructed or placed within the required shore
yard in any district or within the 100-year recurrence interval floodplain.
(1)
Compliance. It shall be unlawful to construct, install, enlarge,
or alter any swimming pool as defined in the Ordinance, in the Village
of Somers except in compliance with all of the provisions of this
section.
(2)
Districts. Swimming pools may be installed in all districts
except the C-1 Lowland Resource Conservancy District, the Floodplain
District or on any parcel on which an Adult Establishment is located.
(3)
Permit Required. It shall be unlawful to proceed with the construction,
installation, enlargement or alteration of any private residential
swimming pool and accessories thereto within the Village unless permits
therefore shall have first been obtained from the Department of Planning
and Development.
(4)
Application. All drawings and plans for the construction, installation,
enlargement or alteration of any such swimming pool and the accessories
thereto shall first be presented to the Department of Planning and
Development for examination and approval as to proper location and
construction.
All such plans and drawings shall be drawn to scale and shall
indicate thereon all distances and dimensions so as to accurately
and explicitly show all lot lines, and all information pertaining
to the pool, walk, deck, fence construction, water supply system,
drainage and water disposal systems, and all accessories pertaining
to the swimming pool. Such plans shall also indicate the vertical
elevations of the pool.
All private residential swimming pools and accessories thereto,
water supply and drainage systems shall be constructed in conformity
with the approved plans.
(5)
Location. Swimming pools and spas shall only be installed in
the rear yard of a premise. In the case of a double frontage lot,
swimming pools and spas may be installed only in the secondary street
yard of the premises so long as the required minimum street yard setback
is maintained. No portion of a swimming pool or spa outside a building,
including a surrounding deck and fence, pumps, filters, and related
pool equipment shall be located at a distance of less than eight feet
from any side or rear property line or building line. Such pool shall
also comply with any and all state or local regulations with respect
to the distances from an on-site sewage disposal absorption system
and private well.
(6)
Area. Such pool may be constructed provided however it does
not occupy more than 40% of the usable area of the rear yard excluding
all garages or other accessory structures located in such area.
(7)
Safety Features. No swimming pool shall be installed or maintained
unless:
(a)
In the case of an in ground pool, there shall be
erected and maintained a good quality safety fence not less than four
feet in height completely surrounding the pool or surrounding the
yard in which the pool is located.
(b)
In the case of an aboveground pool, one of the
following must be met:
[Amended 7-26-2023 by Ord. No. 2023-025]
1.
Erect and maintain a good quality safety fence of
not less than four feet in height completely surrounding the pool
or surrounding the yard in which the pool is located; or
2.
The total wall height of the pool and surrounding
deck/railing must be at least six feet above yard grade; or
3.
No fence shall be required for aboveground pools
that are at least four feet above grade and have ladders or stairs
that can be removed or secured in such a manner as to prevent access
when unattended.
(c)
In the case of a spa/hot tub, a locked safety cover
meeting American Society for Testing Materials Specifications may
be used, or a spa must be completely enclosed in a structure with
locking windows and doors.
(d)
Safety fencing must be so constructed as not to
have voids, holes or openings larger than four inches in one dimension.
(e)
Every gate or other opening in the fence enclosing
the pool or yard (including spa safety covers) except an opening to
the dwelling or other building shall be kept securely closed and locked
at all times when the owner or occupant of the premises is not present
at such pool/spa. All gates shall be equipped with self-closing and
self-latching devices placed at the top of the gate.
(f)
The swimming pool shall not be filled with water
until all safety features are in place.
(8)
Lighting. No lighting may be installed in connection with the
pool which shall throw any rays beyond such property lines.
(9)
Water Drainage. No water drained from a pool shall be discharged
over or near any septic tank, septic field or well.
(10)
Inspection. The Village Building Inspector shall inspect all
swimming pools to determine whether or not the provisions of this
Ordinance are being complied with.
(1)
Regulations. All applicable use, site, or sanitary restrictions
and regulations shall apply to shorelands in addition to those listed
below. Shoreland regulations apply to all the lands in the incorporated
areas of the Village of Somers which are:
(a)
Within 1,000 feet of the ordinary high-water mark
of navigable lakes, ponds or flowages.
(b)
Within 300 feet of the ordinary high-water mark
of navigable rivers or streams, or to the landward side of the floodplain,
whichever distance is greater.
(c)
Determinations of navigability and ordinary high-water
mark location shall initially be made by the zoning administrator.
When questions arise, the zoning administrator shall contact the appropriate
office of the Wisconsin Department of Natural Resources for a final
determination of navigability or ordinary high-water mark.
(d)
Under § 281.31(2m), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
this shoreland zoning ordinance does not apply to:
1.
Lands adjacent to farm drainage ditches if such
lands are not adjacent to a natural navigable stream or river or those
parts of such drainage ditches adjacent to such lands were not navigable
streams before ditching.
2.
Lands adjacent to artificially constructed drainage
ditches, ponds or stormwater retention basins that are not hydrologically
connected to a natural navigable water body.
(2)
Tree Cutting, Shrubbery Clearing and Impervious Surface.
(a)
To protect water quality, fish and wildlife habitat
and natural scenic beauty, and to promote preservation and restoration
of native vegetation, the Village ordinance shall designate land that
extends from the ordinary high water mark to a minimum of 35 feet
inland as a vegetative buffer zone and prohibit removal of vegetation
in the vegetative buffer zone except as follows:
1.
The Village may allow routine maintenance of vegetation.
2.
The Village may allow removal of trees and shrubs
in the vegetative buffer zone to create access and viewing corridors.
The viewing corridor may be at least 35 feet wide for every 100 feet
of shoreline frontage. The viewing corridor may run contiguously for
the for the entire maximum width or shoreline frontage owned.
3.
The Village may allow removal of trees and shrubs
in the vegetative buffer zone on a parcel with 10 or more acres of
forested land consistent with "generally accepted forestry management
practices" as defined in Wis. Admin. Code § NR 1.25(2)(b),
and described in Department publication "Wisconsin Forest Management
Guidelines" (publication FR-226), provided that vegetation removal
be consistent with these practices.
4.
The Village may allow removal of vegetation within
the vegetative buffer zone to manage exotic or invasive species, damaged
vegetation, vegetation that must be removed to control disease, or
vegetation creating an imminent safety hazard, provided that any vegetation
removed be replaced by replanting in the same area as soon as practicable.
5.
The Village may authorize by permit additional vegetation
management activities in the vegetative buffer zone. The permit shall
require that all management activities comply with detailed plans
approved by the Village and designed to control erosion by limiting
sedimentation into the waterbody, to improve the plant community by
replanting in the same area, and to maintain and monitor the newly
restored area that meets the standards found in § ZN 3.10(8)
(Mitigation). The permit also shall require an enforceable restriction
to preserve the newly restored area.
(b)
Impervious Surface. Impervious surface standards
were established to protect water quality and fish and wildlife habitat
and to protect against pollution of navigable waters. Village impervious
surface standards shall apply to the construction, reconstruction,
expansion, replacement or relocation of any impervious surface on
a riparian lot or parcel and any non- riparian lot or parcel that
is located entirely within 300 feet of the ordinary high-water mark
of any navigable waterway.
1.
Calculation of Percentage of Impervious Surface.
Percentage of impervious surface shall be calculated by dividing the
surface area of the existing and proposed impervious surfaces on the
portion of a lot or parcel that is within 300 feet of the ordinary
high-water mark by the total surface area of that lot or parcel, and
multiplied by 100. Impervious surfaces described in § ZN
3.10(2)(d) shall be excluded from the calculation of impervious surface
on the lot or parcel. If an outlot lies between the ordinary high
water mark and the developable lot or parcel and both are in common
ownership, the lot or parcel and the outlot shall be considered one
lot or parcel for the purposes of calculating the percentage of impervious
surface.
a.
General Impervious Surface Standards. A shoreland
property owner not on a highly developed shoreland listed in § ZN
3.10(2) shall be allow up to 15% impervious surface on the portion
of a lot or parcel that is within 300 feet of the ordinary high-water
mark.
2.
Maximum Impervious Surface Standard.
a.
A property owner in a highly developed shoreland
listed in § ZN 3.10(2) may have more than 30% impervious
surface but not more than 40% impervious surface for residential land
uses. For commercial, industrial or business land uses a property
owner may have more than 40% impervious surface but not more than
60% impervious surface.
b.
For properties where the general impervious surface
standard applies under § ZN 3.10(2)(b)1a, a property owner
may have more than 15% impervious surface but not more than 30% impervious
surface on the portion of a lot or parcel that is within 300 feet
of the ordinary high-water mark.
c.
For properties that exceed the standard under § ZN
3.10(2)(b)2a and b but do not exceed the maximum standard under § ZN
3.10(2)(b)2a and b a zoning permit can be issued for development with
an approved shoreland permit that details the mitigation plan that
meets the standards found in § ZN 3.10(8) (Mitigation),
unless exempt under § ZN 3.10(2)(b)2f.
d.
Treated Impervious Surfaces. Impervious surfaces
that can be documented to demonstrate they meet either of the following
standards shall be excluded from the impervious surface calculations
under § ZN 3.10(2)(b)1:
1)
The impervious surface is treated by devices such
as stormwater ponds, constructed wetlands, infiltration basins, rain
gardens, bio-swales or other engineered systems.
2)
The runoff from the impervious surface discharges
to an internally drained pervious area that retains the runoff on
or off the parcel and allows infiltration into the soil, such as pervious
pavement.
e.
Existing Impervious Surfaces. For existing impervious
surfaces that were lawfully placed when constructed but that do not
comply with the impervious surface standard in § ZN 3.10(2)(b)
or the maximum impervious surface standard in § ZN 3.10(2)(b)2,
the property owner may do any of the following:
1)
Maintain and repair the existing impervious surfaces;
2)
Replace existing impervious surfaces with similar
surfaces within the existing building envelope;
3)
Relocate or modify an existing impervious surface
with similar or different impervious surface, provided that the relocation
or modification does not result in an increase in the percentage of
impervious surface that existed on the effective date of the Village
shoreland ordinance, and the impervious surface meets the applicable
setback requirements.
4)
The impervious surface standards in this Ordinance
shall not be construed to supersede other provisions in the Village
shoreland ordinance. All of the provisions of the Village shoreland
ordinance still apply to new or existing development.
(3)
Earth Movements. Earth movements such as construction, altering
or enlargement of waterways, removal of stream or lake bed materials,
channel clearing, dredging, lagooning, grading, topsoil removal, filling,
road cutting and ditching require a permit in accordance with § ZN
3.10(7) of this Ordinance in addition to the permit required from
the state agency accordance with the provisions of Wis. Admin. Code
§ NR 115.04, the requirements of ch. 30, Wis. Stats., and
other state and federal laws where applicable, and only if done in
a manner designed to minimize erosion, sedimentation and impairment
of fish and wildlife habitat and natural scenic beauty.
As soon as is practicable, but not later than six months after
the date of the watercourse alteration or relocation and pursuant
to § ZN 8.03(4), the community shall apply for a Letter
of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed
and approved by FEMA and the DNR through the LOMC process.
(4)
Structures. All structures, except navigational aids, piers,
boat launching facilities and boat houses, and steps and stairs located
above the ordinary high water mark and necessary for access to the
shoreline, shall not be closer than the shore yard distance as specified
in each district of this Ordinance. See § ZN 5.01(2) for
more information.
(a)
The Village shall not establish shoreland zoning
standards that requires any of the following:
1.
Approval to install or maintain outdoor lighting
in shorelands, impose any fee or mitigation requirement to install
or maintain outdoor lighting in shorelands, or otherwise prohibits
or regulates outdoor lighting in shorelands if the lighting is designed
or intended for residential use.
2.
Requires any inspection or upgrade of a structure
before the sale or other transfer of the structure may be made.
(b)
The construction and maintenance of a facility
is considered to satisfy the requirements of a shoreland zoning ordinance
if:
1.
The department has issued all required permits or
approvals authorizing the construction or maintenance under ch. 30,
31, 281, or 283, Wis. Stats.
|
A "facility" means any property or equipment of a public utility,
as defined in § 196.01(5), Wis. Stats., or a cooperative
association organized under ch. 185, Wis. Stats., for the purpose
of producing or furnishing heat, light, or power to its members only,
that is used for the transmission, delivery, or furnishing of natural
gas, heat, light, or power.
|
(5)
Soil Conservation Practices, Tillage and Grazing.
(a)
Soil conservation practices such as tiles terraces,
runoff diversions, and grassed waterways used for erosion control
shall not require a permit under § ZN 3.10(7) of this Ordinance
when designed and constructed to Natural Resources Conservation Service
technical standards.
(b)
Tillage, grazing, livestock watering, and feeding
and application of fertilizers shall be prohibited unless conducted
in accordance with applicable County, State and Federal laws and regulations
and unless conducted in such a manner as to safe-guard the health,
safety and welfare of individuals, animal and aquatic life, in the
surrounding environment.
(6)
Wisconsin Shoreland Management Program. The use of any parcel
of land located within the Village's designated Shoreland-Floodplain
area shall be conducted in accordance with the provisions of Wis.
Admin. Code § NR 115, Wisconsin's Shoreland Management Program,
and in the case of conflict between this Ordinance and the Wis. Admin.
Code § NR 115 the provision with the greater restriction
shall apply.
(7)
Stipulated Shoreland Permits. Notwithstanding the other requirements
set forth in this section, the Department of Planning and Development
may issue a stipulated Shoreland Permit for those uses listed in § ZN
3.10(2) and § ZN 3.10(6) without requiring a conditional
use permit provided that the use shall not be susceptible to flooding,
concentrated runoff, inadequate drainage, adverse soil and topographic
conditions or any other features likely to be harmful to the environment
or the public interest. The Department of Planning and Development
shall not issue the stipulated shoreland permit until the applicant
agrees to the stipulations and such stipulated shoreland permit is
filed and recorded in the Office of Register of Deeds. The Department
of Planning and Development shall notify the Wisconsin Department
of Natural Resources and the Village Board of the issuance of all
stipulated shoreland permits.
(8)
Mitigation.
(a)
General Standards. (§ 59.692(1 v), Wis.
Stats., Wis. Admin. Code § NR 115.05(1)(e)3, Wis. Admin.
Code § NR115.05(1)(g)5, and Wis. Admin. Code § NR
115.05(1)(g)6). When the Village issues a permit requiring mitigation
in accordance with §§ ZN 3.10(2) or § ZN
5.02(11) of this Ordinance the property owner must submit a mitigation
plan application that is reviewed and approved by the Village. The
application shall include the following:
1.
A site plan that describes the proposed mitigation
measures:
(b)
Mitigation Options.
1.
Vegetative buffer required as mitigation under open
sided provision. The property owner shall choose and implement two
of the following:
a.
Restoration of native primary vegetative buffer
to Village vegetative buffer standards per § ZN 3.10(8)(d).
b.
The associated private on-site waste treatment system
must be evaluated and upgraded as appropriate in compliance with Wis.
Admin. Code § SPS 383.
c.
Stormwater management practices (e.g., stormwater
ponds, constructed wetlands, infiltration basins, rain gardens, pervious
pavers, bio-swales, water diversions of overland flow or other approved
engineered systems).
2.
Lateral expansion of a non-conforming principal
structure located between 35 and 75 feet from the ordinary high-water
mark and which is less than 35 feet in height § ZN 5.02(11)(b),
or the replacement or relocation of principal structure located between
35 and 75 feet from the ordinary high-water mark and which is less
than 35 feet in height; or new impervious surface area greater than
15% and/or less than or equal to 30%, and greater than 30% for highly
developed shorelands § ZN 3.10(2)(b).
a.
Removal of all non-conforming accessory structures
located in the shore setback area. This requirement shall not apply
to a detached garage which is in good repair and located at least
as far from the ordinary high-water mark as the principal structure
on the property.
b.
The property owner shall choose and implement two
of the following:
1)
Restoration of native primary vegetative buffer
to Village vegetative buffer standards per § ZN 3.10(8)(d).
2)
The associated private on-site waste treatment system
must be evaluated and upgraded as appropriate in compliance with Wis.
Admin. Code § SPS 383.
3)
Stormwater management practices (e.g., stormwater
ponds, constructed wetlands, infiltration basins, rain gardens, pervious
pavers, bio-swales, water diversions of overland flow or other approved
engineered systems).
(c)
Implementation Schedule. The approved Shoreland
Buffer Restoration Site Plan must be started within one year from
the issue date of the applicable permit. All plantings and any other
activities in the Shoreland Buffer Restoration Site Plan must be completed
within two years of the permit issue date.
(d)
Establishment of a Vegetation Buffer Zone.
1.
The owner(s) or their agent must submit a plan that
will be implemented by the owner of the property to establish, preserve,
enhance, and/or restore a vegetative buffer zone that covers at least
70% of the half of the shoreland setback area that is nearest to the
water. The plan must be approved by the Village of Somers.
2.
To be considered for approval a plan to establish,
preserve, enhance, and/or restore a vegetative buffer zone following
the VEGETATIVE BUFFER STANDARDS described in Appendix "D" and shall,
at a minimum, contain:
a.
A binding agreement with the owner, his/her heirs,
successors, and assignees, must authorize entrance onto the property
by zoning staff for inspections to assure compliance with the plan.
The agreement shall be written and recordable on forms provided by
the Village of Somers and recorded with the Register of Deeds. This
also applies to preservation of an existing natural buffer.
b.
A description of how the landowner intends to carry
out the project, including methods, materials, and equipment to be
used.
c.
A proposed schedule and sequence of work activities.
d.
The names, descriptions, and densities of native
species to be utilized in the restoration work, including ground cover,
shrubs, and tree layers.
e.
A description of the site before the project begins
and a description of the proposed site once the buffer is completed.
f.
The erosion control measures that will be used during
construction of the permitted structure and vegetative buffer zone
to control sediment, runoff, and protect water quality.
3.
Removal of the shoreyard structure will not relinquish
the recorded agreement or permit the removal, destruction, degradation,
and/or reduction in size of the shoreland vegetative buffer.
4.
Failure to comply with the plan and/or subsequent
removal of vegetation from the vegetative buffer zone will cause the
Village of Somers to revoke the permit and order the removal of any
structure(s) authorized under the zoning permit.
(1)
Purpose. The purpose of this section of the ordinance is to
regulate by zoning permit (1) the siting and construction of any new
mobile service support structure and facilities; (2) with regard to
a class 1 collocation, the substantial modification to an existing
support structure and mobile service facilities; and (3) with regard
to a class 2 collocation, collocation on an existing support structure
which does not require the substantial modification to an existing
support structure and mobile service facilities.
It is intended that the Village shall apply these regulations
to accomplish to the greatest degree possible the following: (1) minimize
adverse effects of mobile service facilities and mobile service support
structures; (2) maintain and ensure that a non-discriminatory, competitive
and broad range of mobile services and high quality mobile service
infrastructure consistent with the Federal Telecommunications Act
of 1996 are provided to serve the community; and (3) provide a process
of obtaining necessary zoning permits for mobile service facilities
and support structures while at the same time protecting the legitimate
interests of Village of Somers citizens.
The Village of Somers encourages the use of alternative support
structures, collocation of new antennas on existing support structures
and construction of supports structures with the ability to locate
at least three additional users (minimum of four total users required
for each mobile tower facility).
It is not the intent of this section to regulate residential
satellite dishes or residential television antennas that are used
privately. Additionally, it is not intended to regulate satellite
dishes or antennas whose regulation is prohibited by § 59.69(4)(d),
Wis. Stats., as it may be amended from time to time.
(2)
Definitions. All definitions contained in § 66.0404(1),
Wis. Stats., as amended from time to time, are hereby incorporated
by reference.
(3)
Exceptions. The following shall be exempt from the requirements
to obtain a zoning permit, unless otherwise noted.
(a)
Amateur Radio and/or Receive-Only antennas. This
Ordinance shall not govern the installation of any antenna that is
owned and/or operated by a federally licensed amateur radio operator
and used for amateur radio purposes or is used exclusively for receive-only
purposes.
(b)
Mobile services providing public information coverage
of news events of a temporary or emergency nature.
(c)
Utility pole mounted antenna if the height of the
antenna is 30 feet or less above the highest part of the utility pole.
(4)
Siting and Construction. Siting and Construction of Any New
Mobile Service Support Structure and Facilities and Class 1 Collocation:
(a)
Application Process. A zoning permit is required
for the siting and construction of any new mobile service support
structure and facilities for a Class 1 Collocation if the following
substantial modifications are added to the existing mobile service
support structure:
1.
An increase in the overall height of the structure
by more than 20 feet, for structures with an overall height of 200
feet or less.
2.
An increase in the overall height of the structure
by 10% or more, for structures with an overall height of more than
200 feet.
3.
An increase in width of the support structure by
20 feet or more, measured at the level of the appurtenance added to
the structure as a result of the modification.
4.
An increase in the square footage of an existing
equipment compound to a total area of more than 2,500 square feet.
(b)
A zoning permit application must be completed by
any applicant and submitted to the Department. The application must
contain the following information:
1.
The name, business address and phone number of the
contact individual for the applicant. The applicant should include
an email address if available.
2.
The location of the proposed affected support structure.
3.
The location of the proposed mobile service facility.
4.
If the applicant does not own the site or the tower,
the applicant must provide an agent letter or lease agreement that
provides consent from the property owner. The applicant should also
provide the legal descriptions and amount of property leased.
5.
If the application is to substantially modify an
existing support structure, a construction plan which describes the
proposed modifications to the support structure and the equipment
and network components, including antennas, transmitters, receivers,
base stations, power supplies, cabling, and related equipment associated
with the proposed modifications. The construction plan shall include
a sketch concept or rendering of the site and a scaled site plan which
shows property lines, lease areas, setback distances, structures including
support structure, buildings, equipment pads, and fencing.
6.
If the application is to construct a new mobile
service support structure, a construction plan which describes the
proposed mobile service support structure and the equipment and network
components including antennas, transmitters, receivers, base stations,
power supplies, cabling, and related equipment to be placed on or
around the new mobile service support structure. The construction
plan shall include a sketch concept or rendering of the site and a
scaled site plan which shows property lines, lease areas, setback
distances, structures including support structure, buildings, equipment
pads, and fencing. The Department may also request the submittal of
propogation maps.
7.
If an application is to construct a new mobile service
support structure, an explanation as to why the applicant chose the
proposed location and why the applicant did not choose collocation,
including a sworn statement from an individual who has responsibility
over the placement of the mobile service support structure attesting
that collocation within the applicant's search ring would not result
in the same mobile service functionality, coverage and capacity; is
technically infeasible; or is economically burdensome to the mobile
service provider.
(c)
An application for a zoning permit shall be made
available by the Department upon request by any applicant.
(d)
Completed Applications. If an applicant submits
to the Department an application for a zoning permit to engage in
an activity described in this Ordinance, which contains all of the
information required under this Ordinance, the Department shall consider
the application complete. If the Department does not believe that
the application is complete, the Department shall notify the applicant
in writing, within 10 days of receiving the application, that the
application is not complete. The written notification shall specify
in detail the required information that was incomplete. An applicant
may resubmit an application as often as necessary until it is complete.
(e)
In the event the department determines that it
is necessary to consult with a third party in considering a zoning
permit application, all reasonable costs and expenses, excluding travel
expenses, associated with such consultation shall be borne by the
applicant. Failure to pay such costs and expenses or to provide information
requested by the department shall be grounds for denial or revocation
of the zoning permit.
(f)
Department Responsibilities. Within 90 days of
its receipt of a complete application, the Department shall complete
all of the following or the applicant may consider the application
approved, except that the applicant and the Department may agree in
writing to an extension of the ninety-day period:
1.
Review the application to determine whether it complies
with all applicable aspects of the Village's zoning ordinance.
2.
Make a final decision whether to approve or disprove
the application.
3.
Notify the applicant, in writing, of its final decision.
4.
If the decision is to disprove the application,
include with the written notification substantial evidence which supports
the decision.
(g)
Disapproval. The Department may disapprove an application
if an applicant refuses to evaluate the feasibility of collocation
within the applicant's search ring and provide the sworn statement
described under § ZN 3.11(4)(b)6.
(h)
Application of Set Back/Fall Zone. If an applicant
provides the Department with an engineering certification showing
that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than the set back or
fall zone areas required in a zoning ordinance (Section ZN 5.01(1)(b))
that zoning ordinance does not apply to such a structure unless the
Department provides the applicant with substantial evidence that the
engineering certification is flawed.
(i)
Fees. The fee for a zoning permit relating to construction
of a new mobile service support structure and facility or for a Class
1 Collocation is listed in the Department's Fee Schedule.
(j)
Limitations. The zoning permits for Siting and
Construction of any new mobile service support structure and facilities
and for any Class 1 Collocation shall only be granted provided the
following conditions exist:
1.
The applicant has obtained Federal Communications
Commission (FCC) license numbers and registration numbers if applicable.
2.
The applicant and/or agent have copies of Findings
of No Significant Impacts (FONI) statement from the Federal Communications
Commission (FCC) or Environmental Assessment or Environmental Impact
Study (EIS), if applicable.
3.
The applicant and/or agent have copies of the determination
of no hazard from the Federal Aviation Administration (FAA) including
any aeronautical study determination or other findings, if applicable.
4.
The applicant and/or agent have copies of an Affidavit
of Notification indicating that all operators and owners of public
or private airports and landing strips located within five miles of
the proposed site have been notified via certified mail.
5.
If the location of the proposed mobile service support
structure or mobile service facility is on leased land, the lease
agreement does not preclude the lessee from entering into leases on
the site with other provider(s) and there is no other lease provision
operating as a bar to collocation of other providers.
(5)
Class 2 Collocation.
(a)
A zoning permit is required for a class 2 collocation.
A class 2 collocation is a permitted use, but still requires the issuance
of a zoning permit.
(b)
A zoning permit application must be completed by
any applicant and submitted to the Department. The application must
contain the following information:
(c)
A zoning permit application will be provided by
the Department upon request to any applicant.
(d)
Requirements. A class 2 collocation is subject
to the same requirements for the issuance of a zoning permit to which
any other type of commercial development or land use development is
subject.
This will require construction plans which describe the proposed
equipment and network components including antennas, transmitters,
receivers, base stations, power supplies, cabling, and related equipment
to be placed on or around the existing mobile service support structure.
The construction plan shall include a scaled site plan which shows
property lines, lease areas, structures including support structure,
buildings, equipment pads, and fencing.
(e)
Completed Applications. If an applicant submits
to the Department an application for a zoning permit to engage in
an activity described in this Ordinance, which contains all of the
information required under this Ordinance, the Department shall consider
the application complete. If any of the required information is not
in the application, the Department shall notify the applicant in writing,
within five days of receiving the application, that the application
is not complete. The written notification shall specify in detail
the required information that was incomplete. An applicant may resubmit
an application as often as necessary until it is complete.
(f)
Department Requirements. Within 45 days of its
receipt of a completed application, the Department shall complete
all of the following or the applicant may consider the application
approved, except that the applicant and the Department may agree in
writing to an extension of the forty-five day period:
1.
Make a final decision whether to approve or disprove
the application.
2.
Notify the applicant, in writing, of its final decision.
3.
If the application is approved, issue the applicant
the relevant zoning permit.
4.
If the decision is to disprove the application,
include with the written notification substantial evidence which supports
the decision.
(g)
Fees. The fee for a zoning permit relating to a
Class 2 Collocation is listed in the Department's Fee Schedule.
(6)
Abandonment, Removal and Security for Removal.
(a)
The recipient of a zoning permit allowing a mobile
service support structure and facility under this section, or the
current owner or operator, shall notify the Department within 45 days
of the date when the mobile service facility is no longer in operation.
(b)
Abandonment: any antenna, mobile service facility,
or mobile service support structure that is not operated for a continuous
period of 12 months shall be considered abandoned. Upon application,
the Village Board may extend the time limit to abandon once for an
additional twelve-month period. Such extension shall be based on the
finding that the owner or zoning permit holder is actively seeking
tenants for the site.
If abandonment is determined to have occurred, the owner of
such antenna, mobile service facility or mobile service support structure
shall remove said antenna, mobile service facility or mobile service
support structure, including all supporting equipment, building(s)
and foundations to the depth as otherwise herein required within 90
days of receipt of notice from the Department notifying the owner
of such abandonment. If removal to the satisfaction of the Department
does not occur within said 90 days, the Planning and Zoning Director
may order removal utilizing the established bond or letter of credit
discussed below. If there are two or more users of a single tower,
abandonment shall not be determined to have occurred until all operation
of the tower ceases by all users.
(c)
Removal. It is the express policy of the Village
and this Ordinance that mobile service support structures be removed
once they are no longer in use and not a functional part of providing
mobile service and that it is the mobile service support structure
owner's responsibility to remove such mobile service support structures
and restore the site to its original condition or a condition approved
by the Department. After a mobile service support structure is no
longer being used for mobile service that is in operation, the mobile
service support structure owner shall have 90 days to effect removal
and restoration unless weather prohibits such efforts. This restoration
shall include removal of any subsurface structure or foundation, including
concrete, used to support the mobile service support structure down
to five feet below the surface. The owner shall record a document
with the Kenosha County Register of Deeds showing the existence of
any subsurface structure remaining below grade. Such recording shall
accurately set forth the location and describe the remaining structure.
(d)
Security for Removal. Before the issuance of any
zoning permit, a performance bond or letter of credit shall be provided
to the Village to guarantee that a structure that has ceased being
used for mobile services facilities is removed. The bond amount shall
be the lesser of $20,000 or an amount based on a written estimate
of a person qualified to remove such structures. The Village of Somers
will be named as the recipient of the bond or letter of credit and
the Village is entitled to approve the bonding company. If necessary,
the Village may require an increase in the bond amount after five
year intervals to reflect increases in the Consumer Price Index, but
at no point shall the bond amount exceed $20,000.
(7)
Mobile Service Support Structure, Antenna and Facilities Requirements.
All mobile service facilities and mobile service support structures,
except exempt facilities as defined in § ZN 3.11(3), shall
be designed as follows:
(a)
Mobile Service support structures shall be constructed
of metal or other non-flammable material, unless specifically permitted
by the Department to be otherwise.
(b)
Mobile service support structures towers, guy wires,
appurtenant equipment, and buildings shall comply with the yard and
setback requirements of the zoning district in which they are located.
(c)
Mobile service facilities, support structures and
antennas shall be designed and constructed in accordance with all
other applicable local, state and federal codes.
(d)
Equipment compounds shall meet the site plan requirements
set forth in § ZN 3.02(2) and this shall be applicable in
all zoning districts.
(e)
Mobile service facilities and support structures
shall not interfere with or obstruct existing or proposed public safety,
fire protection or Supervisory Controlled Automated Data Acquisition
(SCADA) operation telecommunication facilities. Any actual interference
and/or obstruction shall be corrected by the applicant at no cost
to the Village.
(f)
All mobile service facilities and support structures,
except exempt facilities, shall be designed to blend into the surrounding
environment to the greatest extent feasible. The tower location shall
provide for the maximum amount of screening of the facilities. The
site shall be landscaped and maintained with a buffer of plant materials
that effectively screen the view of all facility structures, equipment
and improvements at ground level from adjacent properties. The standard
buffer shall consist of a landscaped strip of at least four feet wide
outside the perimeter of the area where the tower accessory structures
and equipment are located at ground level. In locations where the
visual impact of the facility would be minimal the landscaping requirements
may be reduced or waived by the Department. Existing mature vegetation
and natural landforms on the site shall be preserved to the maximum
extent possible or replaced with vegetative screening meeting the
intent of this section. Upon project completion, the owner(s)/operator(s)
of the facility shall be responsible for maintenance and replacement
of all required landscaping during the current growing season.
(g)
Access to the mobile service facilities and support
structures must be provided by an all weather gravel or paved driveway.
(h)
The applicant has obtained a report prepared by
an engineer licensed by the State of Wisconsin certifying the structural
design of the tower and its ability to accommodate three additional
antennas.
(i)
Accessory buildings, structures, cabinets and other
accessory facilities may be allowed and shall not exceed 15 feet in
height, measured from the original grade, and 250 square feet in area.
All visible surfaces shall be constructed of non-reflective materials
and designed to blend with the existing architecture in the area to
the greatest extent feasible.
(j)
Noise and Traffic. All mobile service facilities
shall be constructed and operated in such a manner as to minimize
the amount of disruption caused to nearby properties. To that end
the following measures shall be implemented for all mobile service
facilities, except exempt facilities as defined in § ZN
3.11(3):
1.
Noise producing construction activities shall take
place only on weekdays (Monday through Saturday, non-holiday) between
the hours of 6:00 a.m. and 6:00 p.m., except in times of emergency
repair.
2.
Backup generators, if present, shall be operated
only during power outages and for testing and maintenance purposes.
Emergency back-up generators shall be completely enclosed on all sides
and other efforts to mitigate noise from such generators may be required.
(k)
The facility or collocation is designed to promote
site sharing, such that space is reasonably available to collocators
and such that telecommunication towers and necessary appurtenances,
including but not limited to parking areas, access road, and utilities,
are shared by site users whenever possible.
(8)
Location and Separation Requirements. A good faith effort should
be made to have mobile service support structures separated by a minimum
of 5,280 feet, measured from the base of the existing structure to
the base of the proposed structure. Two mobile service support structures
may be permitted to be located closer if the applicant provides a
sworn statement to the Department from an individual who has responsibility
over the placement of the mobile service support structure attesting
that collocation within the applicant's search ring would not result
in the same mobile service functionality, coverage and capacity, is
technically infeasible, or is economically burdensome to the mobile
service provider. The Department may request other supporting documentation,
drawings and information to evaluate the applicant's request and/or
assist in a third-party review.
A mobile service facility is encouraged to locate on existing
mobile towers or on alternative support structures, such as clock
towers, chimneys, steeples, barns, silos, light poles, buildings,
water towers or similar structures, provided that the placement of
the antenna will not extend more than six feet from the structure.
(9)
Severability. If any provision of this Ordinance or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Ordinance that
can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are severable.
(10)
Liability. The Department does not warrant any mobile service
support structure against design or structural failure. The Department
does not certify that the design is adequate for any tower and the
Department hereby accepts no liability through the issuance of a zoning
permit.
(11)
Transferability of Mobile Tower Siting Zoning Permits. Zoning
permits granted under this section go with the land and are transferable.
Zoning permits granted under this section are not limited in duration.
All section and zoning permit requirements shall apply to subsequent
owners. The department shall be notified of any change in ownership
including, but not limited to facility leases, mortgages, liens or
other instruments which may affect title to the property.
(1)
Purpose. The purpose of this section is to adopt and incorporate
the requirements of § 66.0401, Wis. Stats. and Wis. Admin.
Code § PSC 128 as a local ordinance and to establish local
regulations on the installation and use of small wind energy systems
that are authorized by, compliant with, and no more restrictive than
the rules promulgated by the Wisconsin Public Service Commission and
that serve to preserve or protect the public health or safety, do
not significantly increase the cost of the system or significantly
decrease its efficiency, or allow for an alternative system of comparable
cost or efficiency.
(2)
Definitions. All definitions contained in § 66.0401,
Wis. Stats. and Wisconsin Admin. Code § PSC 128 as amended
from time to time, are hereby incorporated by reference.
(3)
Zoning Permit Required.
(a)
An owner must apply for and receive a zoning permit
from the Department of Planning and Development (hereinafter referred
to as the "Department") before installing, constructing, or expanding
any small wind energy system.
(b)
The owner must pay an application fee at the time
the application for a small wind energy system is filed with the Department.
(c)
A zoning permit issued by the Department expires
if construction of the small wind energy system is not commenced within
18 months from the date of the permit or if the small wind energy
system is not installed and functioning within 12 months from the
date construction begins.
(4)
Application Requirements.
(a)
The owner must file an application that contains
the information specified in Wis. Admin. Code § PSC 128.30,
except as modified by Wis. Admin. Code § PSC 128.61(6).
(b)
A plan shall be submitted that includes information
specified in § ZN 2.02(1)(h). The owner must also provide
the following additional information on the plan or as part of the
permit application:
1.
Location of any overhead utility lines on or adjacent
to the property.
2.
Description and specifications of the components
of the small wind energy system, including the manufacturer, model,
capacity, blade length, and total height of the small wind energy
system; and
3.
Blueprints or drawings which have been approved
by a registered professional engineer for any tower and tower foundation.
(5)
Filing Requirements.
(a)
Any document or paper required to be filed with
the Village pursuant to Wis. Admin. Code § PSC 128 or this
Ordinance must be filed at or delivered to the Department's office.
(b)
Any document, paper, or other material submitted
to the Village that relates to an application must be delivered to
the Department's office.
(c)
Any document or paper filed or otherwise submitted
by an owner or any other interested party that relates to an application
must be 8 1/2 inches by 11 inches in size. A person who wishes
to submit a paper that is larger than 8 1/2 inches by 11 inches
in size shall also submit reduced copy that is 8 1/2 inches by
11 inches in size.
(6)
Conditions Required for Approval.
(a)
An owner shall provide information showing that
it has complied with the notification requirements of Wis. Admin.
Code § PSC 128.105(1), as modified by Wis. Admin. Code § PSC
128.61(1).
(b)
An owner shall provide information showing that
it has complied with the notification requirements specified in Wis.
Admin. Code § PSC 128.14(6), as modified by Wis. Admin.
Code § PSC 128.61(4).
(7)
Abandonment and Decommissioning.
(a)
A small wind energy system that does not generate
electricity for a continuous period of 540 days will be deemed abandoned
and the Department may issue a Notice of Abandonment to the owner.
(b)
If, within 30 days of receipt of a Notice of Abandonment,
the owner provides the Department with information showing that the
small wind energy system has not been abandoned, the Department will
withdraw the Notice.
(c)
Unless the Department withdraws the Notice of Abandonment,
a small wind energy system tower must be decommissioned as prescribed
by Wis. Admin. Code § PSC 128.19. If the owner fails to
remove a small wind energy system and reclaim the site, the Village
may remove or cause the removal of the small wind energy system and
arrange for the reclamation of the site. The cost of removal and reclamation
will become a lien upon the property and may be collected in the same
manner as property taxes.
(8)
Code Compliance. A small wind energy system must comply with
the National Electrical Code and all applicable state construction
and electrical codes. The owner must provide certification from a
state licensed inspector showing that the small wind energy system
complies with all applicable codes before placing the small wind energy
system into operation.
(9)
Electrical Wires. All electrical wires associated with a small
wind energy system, other than wires necessary to connect the wind
generator to the tower wiring, the tower wiring to the disconnect
junction box, and the grounding wires, must be located underground.
(10)
Emergency Communications Corridors.
(a)
An owner may not construct wind energy systems
facilities within an emergency communication corridor, which is defined
as the area within an existing line-of-sight communication path that
is used by a government or military entity to provide services essential
to protect public safety.
(b)
An owner shall provide information showing that
wind energy systems facilities will be in compliance with sub. (a).
(c)
Village will provide the locations of emergency
communication services and line-of-site corridors that are essential
to protect public safety.
(11)
Equipment Access. All ground-mounted electrical and control
equipment must be labeled and secure to prevent unauthorized access.
(a)
An owner shall take appropriate measures to ensure
that a wind turbine is not readily climbable except by authorized
personnel.
(b)
An owner shall ensure that all wind turbine access
doors and electrical equipment are locked when authorized personnel
are not present.
(c)
An owner shall place appropriate warning signage
on or at the base of each wind turbine.
(d)
An owner shall clearly mark guy wires and supports
for a wind energy system, meteorological tower or other device for
measuring wind speeds so that the wires and supports are visible to
low flying aircraft under fair weather conditions.
(12)
Lighting. A small wind energy system may be artificially lighted
only if lighting is required by the Federal Aviation Administration.
An owner shall use shielding or control systems approved by
the federal aviation administration to reduce visibility of light
to individuals on the ground.
(13)
Noise.
(a)
The noise generated by the operation of a small
wind energy system may not exceed 50 db(A) during the daytime hours
and 45 db(A) during the nighttime hours as measured at the outside
wall of a non-participating residence or occupied community building
that existed when the owner gave notice pursuant to Wis. Admin. Code
§ PSC 128.105(1) or for which complete publicly available
plans for construction were on file with a political subdivision within
30 days of the date when the owner gave notice pursuant to Wis. Admin.
Code § PSC 128.105(1).
(b)
The owner of an adjacent non-participating residence
or adjacent occupied community building may relieve the owner of the
small wind energy system of the requirement to meet any of the noise
limits in this section by written contract as provided in Wis. Admin.
Code § PSC 128.14(5) and (6).
(c)
The owner shall provide the notice as prescribed
by Wis. Admin. Code § PSC 128.61(4).
(d)
If an owner receives a complaint of a violation
of the noise standards contained in Wis. Admin. Code § PSC
128.14 and the owner has not provided the Department with the results
of an accurate test conducted within two years prior to the date of
the complaint showing that the small wind energy system is in compliance
with the noise standard at the location relating to the complaint,
the owner shall promptly conduct a noise study to evaluate compliance
with the noise standards at that location using the most current version
of the noise measurement protocol as described in Wis. Admin. Code
§ PSC 128.50(2).
(14)
Ownership Change.
(a)
An owner shall provide the Village with notice
of any change in ownership of the small wind energy system on or before
the effective date of the change.
(15)
State and Federal Permits.
(a)
An owner shall submit a copy of all necessary state
and federal permits and approvals to the Department.
(16)
Setbacks.
(a)
A small wind energy system must be set back at
least one times the maximum blade tip height from any non-participating
property line, non-participating residence, occupied community building
or overhead communication and electrical transmission line, not including
utility service lines to individual houses or outbuildings.
(b)
The owner of an adjacent non-participating residence
or adjacent occupied community building may waive the required setback
distance.
(17)
Signal Interference.
(a)
An owner shall use reasonable efforts to avoid
causing interference with commercial and personal communications in
use when the wind energy system begins operation to the extent practicable.
(b)
If necessary, an owner shall, under a protocol
established by Wis. Admin. Code § PSC 128.50(2), implement
a new technology solution that becomes commercially available before
the small wind energy system is decommissioned to address interference.
(18)
Utility Interconnection.
(a)
A small wind energy system that connects to the
electric utility must comply with Wis. Admin. Code § PSC
119, Rules for Interconnecting Distributed Generation Facilities.
(19)
Construction, Operation and Maintenance Standards. An owner
shall construct, operate, repair, maintain and replace wind energy
system facilities as needed to keep the wind energy system in good
repair and operating condition in a manner that protects individuals
from injury.
An owner shall notify the Village of the occurrence and nature
of a wind energy system emergency within 24 hours of the wind energy
system emergency.
(20)
Application Processing.
(a)
The application for a zoning permit will be processed
following the procedures set forth in § 66.0403, Wis. Stats.
(b)
An owner shall, on the same day that it files an
application for a small wind energy system, use commercially reasonable
methods to provide written notice of the filing of the application
to property owners and residents located adjacent to the small wind
energy system. The notice shall contain the information specified
in Wis. Admin. Code § PSC 128.30(5).
(c)
Upon receipt of an application, the Department
shall publish the notice required by § 66.0401(4)(a)(1),
Wis. Stats. and Wis. Admin. Code § PSC 128.30(5)(b).
(d)
The Department will accept written comments on
the application for a period of 10 days following the date of the
published notice.
(e)
If the permit application is denied, the Department
will notify the owner in writing and provide a written statement of
the reason why the application was denied. The owner may appeal the
Department's decision to the Board of Review as provided by these
Ordinances.
(21)
Completeness Review.
(a)
An application is complete if it complies with
the filing requirements of this Ordinance and of Wis. Admin. Code
§ PSC 128.30(2) and Wis. Admin. Code § 128.50(1).
(b)
An application is considered filed the day the
owner notifies the Department in writing that all the application
materials have been filed.
(c)
The Department shall determine the completeness
of an application and shall notify the owner in writing of the completeness
determination no later than 45 days after the day the application
is filed.
(d)
If the Department determines that the application
is incomplete, it shall provide the owner with written notice stating
the reasons for the determination. The owner shall provide additional
information specified in the notice, and an additional forty-five
day completeness review period will begin the day after the Department
receives responses to all items identified in the notice.
(e)
If the owner fails to provide additional information
specified in the notice of an incomplete application within 90 days,
the application will be deemed abandoned. The owner may re-file the
application at a later date, subject to payment of a new application
fee. There is no limit to the number of times that an owner may re-file
an application.
(f)
If the Village does not make a completeness determination
within the applicable review period, the application is considered
to be complete.
(22)
Requests for Additional Information.
(a)
The Department may request additional information
necessary to understand the small wind energy system after determining
that an application is complete.
(b)
An owner shall provide additional information in
response to all reasonable requests.
(c)
An owner shall respond to all inquiries made subsequent
to a determination of completeness in a timely, complete and accurate
manner.
(d)
If the owner fails to provide additional information
requested within 90 days, the application will be deemed abandoned.
The owner may re-file the application at a later date, subject to
the payment of a new application fee. There is no limit to the number
of times that an owner may re-file an application.
(23)
Approval Review.
(a)
The Department shall have 90 days from the date
that it notifies the owner that the application is complete in which
to approve or disapprove the application.
(b)
The review period may be extended upon written
notice to the applicant for one or more of the following reasons;
but the total time for all extensions may not exceed an additional
90 days:
(c)
If the Department fails to act within the 90 days,
or within any extended time period, the application will be considered
approved.
(24)
Written Decision.
(a)
The Department shall issue a written decision to
grant or deny an application for a small wind energy system. The written
decision must include findings of fact supported by evidence in the
record. If an application is denied, the decision must specify the
reason for the denial.
(b)
The Department shall provide a duplicate original
of its written decision to the owner and the public services commission
(hereinafter referred to as the "commission").
(c)
The owner shall record the duplicate original of
a decision approving an application with the register of deeds.
(25)
Modifications.
(26)
Decommissioning Review.
(a)
An owner shall file a notice of decommissioning
completion with the Village and any political subdivision within which
its small wind energy systems facilities are located when a small
wind energy system approved by the Village has been decommissioned
and removed.
(b)
The Department shall conduct a decommissioning
review to determine whether the owner has decommissioned and removed
the small wind energy system as required by Wis. Admin. Code § PSC
128.19(1)(a).
(c)
The owner shall cooperate with the Village by participating
in the decommissioning review process.
(27)
Appeals.
(a)
A decision by the Department that the application
is incomplete, or to approve or disapprove the application, or to
impose a restriction on a small wind energy system may be appealed
in accordance with the procedures set forth in § ZN 7.01(1)
to § ZN 7.01(8) or by appealing to the commission under
§ 66.0401(5), Wis. Stats.
(b)
Any action by the Village to enforce a restriction
on a small wind energy system may be appealed to the commission.
(c)
An appeal must be filed with the commission within
30 days after the date of the decision or the start of the enforcement
action that is being appealed.
(28)
Complaint Process.
(a)
An aggrieved person who has made a complaint to
an owner in accordance with Wis. Admin. Code § PSC 128.40
may petition the Village for review of the complaint if it has not
been resolved within 45 days of the day the owner received the original
complaint.
(b)
The petition for review must be filed with the
Department within 90 days of the date of the original complaint.
(c)
The petition must include the following:
1.
Name, address, and telephone number of the person
filing the petition.
2.
Copy of the original complaint to the owner.
3.
Copy of the owner's initial response.
4.
Statement describing the unresolved complaint.
5.
Statement describing the desired remedy.
6.
Any other information the complainant deems relevant
to the complaint
7.
Notarized signature of the person filing the petition.
(d)
The Department shall forward a copy of the petition
to the owner by certified mail within 10 days of the Department's
receipt of the petition.
(e)
The owner shall file an answer to the petition
with the Department and provide a copy of its answer to the complainant
within 30 days of its receipt of the petition.
(f)
The answer must include the following:
1.
Name, address and telephone number of the person
filing the answer
2.
Statement describing the actions taken by the owner
in response to the complaint
3.
Statement of the reasons why the owner believes
that the complaint has been resolved or why the complaint remains
unresolved
4.
Statement describing any additional action the owner
plans or is willing to take to resolve the complaint
5.
Any other information the owner deems relevant to
the complaint
6.
Notarized signature of the person filing the answer.
(g)
The complainant and the owner may, within 30 days
following the owner's filing of its answer, file such additional information
with the Department as each deems appropriate.
(h)
The Department may request such additional information
from the complainant and the owner as it deems necessary to complete
its review.
(i)
The Department may retain such consultants or experts
as it deems necessary to complete its review.
(j)
The Department shall issue a written decision and
may take such enforcement action as it deems appropriate with respect
to the complaint.
(k)
The Department's decision and enforcement action
is subject to review under § 66.0401(5). Wis. Stats.
(1)
Purpose. The purpose of this section is to adopt and incorporate
the requirements of § 66.0401, Wis. Stats. and Wis. Admin.
Code § PSC 128 as a local ordinance and to establish local
regulations on the installation and use of large wind energy systems
that are authorized by, compliant with, and no more restrictive than
the rules promulgated by the Wisconsin Public Service Commission and
that serve to preserve or protect the public health or safety, do
not significantly increase the cost of the system or significantly
decrease its efficiency, or allow for an alternative system of comparable
cost and efficiency. Local regulations on the installation and use
of small wind energy systems are contained in § ZN 3.12(1).
(2)
Definitions. All definitions contained in § 66.0401,
Wis. Stats. and Wisconsin Admin. Code § PSC 128 as amended
from time to time, are hereby incorporated by reference.
(3)
Zoning Permit Required.
(a)
An owner must obtain the Village's approval before
constructing a wind energy system or expanding an existing or previously
approved wind energy system, and no wind turbine may be installed,
constructed, or expanded without a zoning permit issued for a principal
commercial structure by the Department under § ZN 2.02(1).
(b)
The owner must pay an application fee at the time
the application for a wind energy system is filed with the Department.
See § ZN 3.13(22) for additional required fees.
(c)
A zoning permit issued by the Department expires
if construction of the wind energy system is not commenced within
24 months from the date of the permit.
(4)
Application Requirements.
(a)
An owner shall file an original application which
contains the information required by Wis. Admin. Code § PSC
128.30(2) with the Division of Planning and Development (hereinafter
referred to as the "Department.)
(b)
The owner shall submit 11 copies of the application
to the Department and one copy of the application to the clerk of
each municipality in which any wind energy system facility is proposed
to be located.
(c)
The owner may submit one digital copy of the application
to the Department in a format that is acceptable to the Department.
(d)
Each copy of the application shall include all
documents, drawings, maps, worksheets, and other materials that are
included in the original application.
(5)
Filing Requirements.
(a)
Any document or paper required to be filed with
the Village pursuant to Wis. Admin. Code § PSC 128 or this
Ordinance must be filed at or delivered to the Department's office.
(b)
Any document, paper, or other material submitted
to the Village that relates to an application must be delivered to
the Department's office or submitted to the Department on the record
at a public hearing.
(c)
Any document or paper filed or otherwise submitted
by an owner or any other interested party that relates to an application
must be 8 1/2 inches by 11 inches in size. A person who wishes
to submit a paper that is larger than 8 1/2 inches by 11 inches
in size shall also submit a reduced copy that is 8 1/2 inches
by 11 inches in size.
(6)
Conditions Required for Approval.
(a)
An owner shall provide information about whether
it has consulted with and received any non-binding recommendations
for construction, operating, or decommissioning the wind energy system
from any federal or state agency and whether the owner has incorporated
the non-binding recommendation into the design of the wind energy
system.
(b)
An owner shall cooperate with any study of the
effects of wind energy systems that is coordinated by a state agency.
(c)
An owner shall submit a copy of all necessary state
and federal permits and approvals to the Village.
(d)
An owner shall provide information showing that
is has complied with the notification requirements specified in Wis.
Admin. Code § PSC 128.105(1), § PSC 128.14(6)
and § PSC 128.15(5).
(e)
An owner shall provide information showing that
it has complied with the financial responsibility requirements specified
in § ZN 3.13(10).
(f)
An owner shall submit a copy of all necessary state
and federal permits and approvals to the Village within 30 days of
the owner's receipt of any permit or approval that was not provided
with the owner's application.
(7)
Aerial Spraying. An owner shall offer an agreement that includes
monetary compensation to a farm operator farming on a non-participating
property located within 1/2 mile of a constructed wind turbine if
the farm operator demonstrates all of the following:
(a)
Substantial evidence of a history, before the wind
energy system owner gives notice under Wis. Admin. Code § PSC
128.105(1), of using aerial spraying for pest control or disease prevention
for growing potatoes, peas, snap beans, or sweet corn on all or part
of the farm field located within 1/2 mile of a constructed wind turbine.
(b)
A material reduction in potato, pea, snap bean,
or sweet corn production or a material increase in application costs
on all or part of a farm field located within 1/2 mile of a constructed
wind turbine as a result of the wind energy system's effect on aerial
spraying practices.
(8)
Annual Reports. An owner shall, on or before January 31 of each
year, file an annual report with the Department documenting the operation
and maintenance of the wind energy system during the previous calendar
year.
(9)
Emergency Procedures.
(a)
An owner shall establish and maintain a liaison
with each political subdivision within which its wind energy system
facilities are located and with fire, police, and other appropriate
first responders serving the area in which the wind energy system
facilities are located in order to create effective emergency plans
as required by Wis. Admin. Code § PSC 128.18(4)(b).
(b)
An owner shall distribute a copy of its emergency
plans to the following:
1.
Kenosha County Office of Emergency Management
Attn: Emergency Management Director
1000 55th Street
Kenosha, WI 53140-3707
2.
Kenosha County Sheriff's Department
Attention: Kenosha County Sheriff
1000 55th Street
Kenosha, WI 53140
3.
Clerk for any town or Village within which its wind
energy system facilities are located or that are within 1/2 mile of
any of its wind energy systems facilities.
4.
Clerk for any city within 1/2 mile of any of its
wind energy systems facilities.
5.
Any fire, police, or other first responder identified
by the county's emergency management director or the clerk of any
city, Village, or town who has received a copy of the owner's emergency
plans.
(c)
An owner shall provide annual training for the
county's emergency management department, sheriff's department, and
any other fire, police, or other first responder identified in the
owner's emergency plans. An owner shall provide at least eight hours
of training during each calendar year and is responsible for all direct
training costs.
(d)
If an owner is required to implement its emergency
plans as the result of a wind energy system emergency, it shall conduct
a review of employee activities to determine whether the procedures
were effectively followed. The owner shall provide the county's emergency
management director with a copy of its review. If the review results
in any changes to its emergency plans, the owner shall distribute
the revised emergency plans as provided in sub. (b).
(e)
An owner shall notify the county of the occurrence
and nature of a wind energy system emergency within 24 hours of the
wind energy system emergency.
(10)
Financial Responsibility.
(a)
An owner with a nameplate capacity of one megawatt
or larger shall provide the Village with financial assurance of the
owner's ability to pay the actual and necessary cost to decommission
the wind energy system before commencing major civil construction
activities.
(b)
An owner shall provide the Village with three estimates
of the actual and necessary cost to decommission the wind energy system.
The cost estimates shall be prepared by third parties agreeable to
the owner and the Village. The amount of financial assurance required
by the Village will be the average of the three estimates.
(c)
An owner shall establish financial assurance that
is acceptable to the Village and that places the Village in a secured
position. The financial assurance must provide that the secured funds
may only be used for decommissioning the wind energy system until
such time as the Village determines that the wind energy system has
been decommissioned, as provided for in Wis. Admin. Code § PSC
128.19(5)(b), or the Village approves the release of the funds, whichever
occurs first. The financial assurance must also provide that the Village
may access the funds for the purpose of decommissioning the wind energy
system if the owner does not decommission the system when decommissioning
is required.
(d)
The Village may periodically request information
from the owner regarding industry costs for decommissioning the wind
energy system. If the Village finds that the future anticipated cost
to decommission the wind energy system is at least 10% more or less
than the amount of financial assurance provided under this section,
the Village may correspondingly increase or decrease the amount of
financial assurance required.
(e)
The Village may require an owner to submit a substitute
financial insurance of the owner's choosing if an event occurs that
raises material concern regarding the viability of the existing financial
assurance.
(11)
Information.
(a)
An owner shall, within 30 days of consulting with
any federal or state agency about the construction, operation, or
decommissioning of the wind energy system, provide the Village with
information about the reason for the consultation.
(b)
An owner shall, within 30 days of receiving any
non-binding recommendation for the construction, operation, or decommissioning
of the wind energy system from any federal or state agency, provide
the Village with information about the consultation and recommendation
and whether the owner has incorporated the non-binding recommendation
into the design of the wind energy system.
(12)
Equipment Access and Condition.
(a)
An owner shall take appropriate measures to ensure
that a wind turbine is not readily climbable except by authorized
personnel.
(b)
All ground-mounted electrical and control equipment
must be labeled and secure to prevent unauthorized access. An owner
shall ensure that all wind turbine access doors and electrical equipment
are locked when authorized personnel are not present.
(c)
An owner shall place appropriate warning signage
on or at the base of each wind turbine.
(d)
An owner shall post and maintain up-to-date signs
containing a twenty-four hour emergency contact telephone number,
information identifying the owner, and sufficient information to identify
the location of the sign within the wind energy system. An owner shall
post these signs at every intersection of a wind energy system access
road with a public road and at each wind turbine location.
(e)
An owner shall clearly mark guy wires and supports
for a wind energy system, meteorological tower or other device for
measuring wind speeds so that the wires and supports are visible to
low flying aircraft under fair weather conditions.
(f)
An owner shall construct, operate, repair, maintain
and replace wind energy system facilities as needed to keep the wind
energy system in good repair and operating condition in a manner that
protects individuals from injury.
(13)
Lighting. An owner shall use shielding or control systems approved
by the federal aviation administration to reduce visibility of light
to individuals on the ground.
(14)
Monetary Compensation for Non-Participating Residences.
(a)
An owner shall offer an agreement to the owner
of a non-participating residence, if the residence is located within
1/2 mile of a constructed wind turbine, that includes the following
initial annual monetary compensation of $600 for one turbine located
within 1/2 mile of a non-participating residence, $800 for two turbines
located within 1/2 mile of a non-participating residence, and $1,000
for three or more turbines located within 1/2 mile of a non-participating
residence.
(b)
The initial annual monetary compensation under
this subsection shall apply to agreements entered into in 2014. For
agreements entered into in 2015 and thereafter, the initial annual
amounts shall increase each year by the greater of 2% or the increase
in the Consumer Price Index, as described in § 196.374(5)(bm)2,
Wis. Stats., from the previous year.
(c)
An agreement offered under this subsection shall
specify in writing any waiver of a requirement or right under this
Ordinance or Wis. Admin. Code § PSC 128 and whether the
landowner's acceptance of payment establishes the landowner's property
as a participating property under this Ordinance or Wis. Admin. Code
§ PSC 128.
(15)
Noise. If an owner receives a complaint of a violation of the
noise standards contained in Wis. Admin. Code § PSC 128.14
and the owner has not provided the Department with the results of
an accurate test conducted within two years of the date of the complaint
showing that the wind energy system is in compliance with the noise
standard at the location relating to the complaint, the owner shall
promptly conduct a noise study to evaluate compliance with the noise
standards at that location using the most current version of the noise
measurement protocol as described in Wis. Admin. Code § PSC
128.50(2).
(16)
Ownership Change.
(a)
An owner shall provide the Village with notice
of any change in ownership of the wind energy system on or before
the effective date of the change.
(b)
A notice of change in ownership of the wind energy
system shall include information showing that the financial responsibility
requirements specified in § ZN 3.13(10) will be met following
the change in ownership.
(17)
Signal Interference.
(a)
An owner shall use reasonable efforts to avoid
causing interference with commercial and personal communications in
use when the wind energy system begins operation to the extent practicable.
(b)
An owner shall use reasonable and commercially
available technology to mitigate interference with personal communications
that were in use when the wind energy system began commercial operations.
An owner shall also use reasonable and commercially available technology
to mitigate interference with personal communications that were not
in use when the wind energy system began commercial operations, if
the wind energy system is causing the interference and the interference
occurs at a location at least 1/2 mile from a wind turbine.
(c)
An owner shall use reasonable and commercially
available technology to mitigate interference caused by a wind energy
system with commercial communications in use when a wind energy system
begins operation.
(d)
Before implementing mitigation measures, the owner
shall consult with the affected parties regarding the preferred mitigation
solution for personal and commercial communications interference problems.
Except as provided in sub. (e), an owner shall mitigate personal communications
interference caused by the wind energy system by making the affected
party's preferred reasonable mitigation solution effective until either
the wind energy system is decommissioned or the communication is no
longer in use, whichever is earlier.
(e)
An owner shall, under a protocol established by
Wis. Admin. Code § PSC 128.50(2), implement a new technology
solution that becomes commercially available before the wind energy
system is decommissioned to address interference for which mitigation
is required under Wis. Admin. Code § PSC 128.16(2) and (3)
and for which the original mitigation solution is only partially effective.
(18)
Emergency Communications Corridors.
(a)
Wind energy system facilities shall not be located
within an emergency communication corridor, which is defined as the
area within an existing line-of-sight communication path that is used
by a government or military entity to provide services essential to
protect public safety.
(b)
The Village of Somers will provide the locations
of emergency communication services and line-of-site corridors that
are essential to protect public safety.
(19)
Soil and Drainage System Protection.
(a)
An owner shall utilize all applicable best practices
in the placement, construction, operation, and maintenance of its
wind energy facilities in order to minimize soil compaction, protect
the topsoil, prevent topsoil mixing, and avoid and repair any damage
to drainage systems on agricultural land.
(b)
An owner shall describe the applicable best practices
that it intends to use in the placement, construction, operation,
and maintenance of its wind energy facilities in its application.
(20)
Studies. An owner shall cooperate with any study of the effects
of wind energy systems that is coordinated by a state agency.
(21)
Costs and Fees.
(a)
An applicant shall pay an application fee to the
Village at the time that it files its application. The fee will be
applied to the cost of reviewing the application.
(b)
An applicant is responsible for paying all costs
incurred by the Village in connection with the review and processing
of the application, including the cost for services provided by outside
attorneys, engineers, environmental specialists, planners, and other
consultants and experts.
(c)
An owner is responsible for paying all costs incurred
by the Village in connection with monitoring compliance during construction
and assessing when wind energy facilities are not maintained in good
repair and operation condition.
(d)
The Village shall invoice the applicant or owner
for the actual and necessary costs incurred pursuant to this Ordinance.
The applicant or owner shall reimburse the Village for those costs
within 15 days of the date of invoice.
(22)
Consultants.
(a)
The Department is authorized to contract with one
or more engineers, environmental specialists, planners, and other
consultants and experts to perform necessary services in connection
with this Ordinance.
(b)
The corporation counsel is authorized to contract
with outside attorneys to perform necessary services in connection
with this Ordinance.
(23)
Completeness Review.
(a)
An application is complete if it complies with
the filing requirements of this Ordinance and of Wis. Admin. Code
§ PSC 128.30(2) and 128.50(1).
(b)
An application is considered filed the day the
owner notifies the Department in writing that all the application
materials have been filed.
(c)
The Department shall determine the completeness
of an application and shall notify the owner in writing of the completeness
determination no later than 45 days after the day the application
is filed.
(d)
If the Department determines that the application
is incomplete, it shall provide the owner with written notice stating
the reasons for the determination. The owner shall provide additional
information specified in the notice, and an additional forty-five
day completeness review period will begin the day after the Department
receives responses to all items identified in the notice.
(e)
If the owner fails to provide additional information
specified in the notice of an incomplete application within 90 days,
the application will be deemed abandoned. The owner may re-file the
application at a later date, subject to payment of a new application
fee. There is no limit to the number of times that an owner may re-file
an application.
(f)
If the Village does not make a completeness determination
within the applicable review period, the application is considered
to be complete.
(24)
Requests for Additional Information.
(a)
The Department may request additional information
necessary to understand the wind energy system after determining that
an application is complete.
(b)
An owner shall provide additional information in
response to all reasonable requests.
(c)
An owner shall respond to all inquiries made subsequent
to a determination of completeness in a timely, complete, and accurate
manner.
(d)
If the owner fails to provide additional information
requested within 90 days, the application will be deemed abandoned.
The owner may re-file the application at a later date, subject to
the payment of a new application fee. There is no limit to the number
of times that an owner may re-file an application.
(25)
Approval Review.
(a)
The Department shall have 90 days from the date
that it notifies the owner that the application is complete in which
to approve or disapprove the application.
(b)
The review period may be extended upon written
notice to the applicant for one or more of the following reasons;
but the total time for all extensions may not exceed 90 days:
(c)
If the Department fails to act within the 90 days,
or within any extended time period, the application will be considered
approved.
(d)
The Plan Commission shall hold one public hearing
during the initial ninety-day application review period for the purpose
of receiving public comments on the application. A hearing notice
will be published and the hearing will normally be held at the first
commission meeting following notice to the applicant that the application
is complete.
(e)
Written comments will be accepted for 10 days following
the close of the hearing.
(26)
Written Decision.
(a)
The Department shall issue a written decision to
grant or deny an application for a wind energy system. The written
decision must include findings of fact supported by evidence in the
record. If an application is denied, the decision must specify the
reason for the denial.
(b)
The Department shall provide a duplicate original
of its written decision to the owner and the commission.
(c)
The owner shall record the duplicate original of
a decision approving an application with the Register of Deeds.
(28)
Third-Party Construction Inspector. The Department may contract
with a third-party inspector to monitor and report to the Department
regarding the owner's compliance with permit requirements during construction
as provided for in Wis. Admin. Code § PSC 128.36(2). The
owner shall reimburse the Village for the actual and necessary cost
of the inspector.
(29)
Post-Construction Filing Requirement. Within 90 days of the
date a wind energy system commences operation, the owner shall file
with the Department and the commission an as-built description of
the wind energy system and all other information described in Wis.
Admin. Code § PSC 128.34(3).
(30)
Compliance Monitoring.
(b)
An owner shall, at the owner's expense, provide
the Department with a copy of the maintenance log for each wind turbine
for each month within five calendar days after the end of the month.
(c)
The Department may retain such consultants or experts
as it deems necessary to assess and determine whether the wind energy
system facilities are compliant or to assess whether the wind energy
system facilities are being maintained in good repair and operating
condition.
(31)
Abandonment and Decommissioning.
(a)
A large wind energy system that does not generate
electricity for a continuous period of 360 days will be deemed abandoned
and the Department may issue a Notice of Abandonment to the owner.
(b)
If within 30 days of receipt of Notice of Abandonment,
the owner provides the Department with information showing that the
large wind system has not been abandoned, the Department will withdraw
the notice.
(c)
Unless the Department withdraws the Notice of Abandonment,
the large wind energy system must be decommissioned as prescribed
by Wis. Admin. Code § PSC 128.19. If the owner fails to
remove the large wind system and reclaim the site, the Village may
remove or cause the removal of the large wind energy system and arrange
for reclamation of the site. The cost of removal and reclamation will
become a lien upon the property and may be collected in the same manner
as property taxes.
(32)
Decommissioning Review.
(a)
An owner shall file a notice of decommissioning
completion with the Village and any political subdivision within which
its wind energy systems facilities are located when a wind energy
system approved by the Village has been decommissioned and removed.
(b)
The Department shall conduct a decommissioning
review to determine whether the owner has decommissioned and removed
the wind energy system as required by Wis. Admin. Code § PSC
128.19(1)(a) and whether the owner has complied with its site restoration
obligation under Wis. Admin. Code § PSC 128.19(4).
(c)
The owner shall cooperate with the Village by participating
in the decommissioning review process.
(33)
Appeals.
(a)
A decision by the Department that the application
is incomplete, to approve or disapprove the application, or to impose
a restriction on a wind energy system may be appealed in accordance
with the procedures set forth in § ZN 7.01(1) to § ZN
7.01(11) or by appealing to the commission.
(b)
Any action by the Village to enforce a restriction
on a wind energy system may be appealed to the commission.
(c)
An appeal must be filed with the commission within
30 days after the date of the decision or the start of the enforcement
action that is being appealed.
(34)
Complaint Notice Requirements.
(a)
An owner shall comply with the notice requirements
contained in Wis. Admin. Code § PSC 128.42(1) and (2).
(b)
An owner shall, before construction of a wind energy
system begins, provide the Department with a copy of the notice issued
pursuant to Wis. Admin. Code § PSC 128.42(1), along with
a list showing the name and address of each person to whom the notice
was sent and a list showing the name and address of each political
subdivision to which the notice was sent.
(c)
An owner shall, before construction of a wind energy
system begins, file with the Department the name and telephone number
of the owner's contact person for receipt of complaints or concerns
during construction, operation, maintenance, and decommissioning.
The owner shall keep the name and telephone number of the contact
person on file with the Department current.
(35)
Complaint Monitoring.
(a)
An owner shall maintain a complaint log as required
by Wis. Admin. Code § PSC 128.40(2)(d).
(b)
An owner shall, at the owner's expense, provide
the Department with a copy of the complaint log for each month within
five calendar days after the end of the month.
(c)
An owner shall, before construction of a wind energy
system begins, provide the Department with a written copy of the owner's
complaint resolution process. An owner shall provide the Department
with a written copy of any changes to the complaint resolution process
at least 30 days prior to implementing the change.
(36)
Complaint Process.
(a)
An aggrieved person who has made a complaint to
an owner in accordance with Wis. Admin. Code § PSC 128.40
may petition the Village for review of the complaint if it has not
been resolved within 45 days of the day the owner received the original
complaint.
(b)
The petition for review must be filed with the
Department within 90 days of the date of the original complaint.
(c)
The petition must include the following:
1.
Name, address, and telephone number of the person
filing the petition.
2.
Copy of the original complaint to the owner.
3.
Copy of the owner's initial response.
4.
Statement describing the unresolved complaint.
5.
Statement describing the desired remedy.
6.
Any other information the complainant deems relevant
to the complaint.
7.
Notarized signature of the person filing the petition.
(d)
The Department shall forward a copy of the petition
to the owner by certified mail within 10 days of the Department's
receipt of the petition.
(e)
The owner shall file an answer to the petition
with the Department and provide a copy of its answer to the complainant
within 30 days of its receipt of the petition.
(f)
The answer must include the following:
1.
Name, address, and telephone number of the person
filing the answer.
2.
Statement describing the actions taken by the owner
in response to the complaint.
3.
Statement of the reasons why the owner believes
that the complaint has been resolved or why the complaint remains
unresolved.
4.
Statement describing any additional action the owner
plans or is willing to take to resolve the complaint.
5.
Any other information the owner deems relevant to
the complaint.
6.
Notarized signature of the person filing the answer.
(g)
The complainant and the owner may, within 30 days
following the owner's filing of its answer, file such additional information
with the Department as each deems appropriate.
(h)
The Department may request such additional information
from the complainant and the owner as it deems necessary to complete
its review.
(i)
The Department may retain such consultants or experts
as it deems necessary to complete its review.
(j)
The Department shall issue a written decision and
may take such enforcement action as it deems appropriate with respect
to the complaint.
(k)
The Department's decision and enforcement action
is subject to review under § 66.0401(5), Wis. Stats.
(1)
Permit Required. No accessory building shall hereinafter be
located, directed, moved, reconstructed, extended, enlarged, converted
or structurally altered without a zoning permit and without being
in conformity with the provisions of this Ordinance, and State Statutes
and the Wisconsin Administrative Code. The accessory building shall
also meet all the structural requirements of local and State codes.
(2)
Districts. Accessory buildings may be located in all districts
except the C-1 Lowland Resource Conservancy District and Floodplain
District.
(3)
Application. All drawings and plans for the construction, installation,
enlargement or alteration of any such accessory building shall first
be presented to the Village for examination and approval as to proper
size, location and construction.
All such plans and drawings shall be drawn to scale and shall
indicate thereon all distances and dimensions so as to accurately
and explicitly show all lot lines, and all information pertaining
to the accessory building. Such plans shall also include vertical
elevations of the accessory building.
(4)
Classification. Agricultural buildings, on lots of at least
10 acres, such as barns, silos, bins, sheds, and farm machinery sheds
in the A-1, A-2, A-3 and A-4 agricultural districts shall not be considered
accessory buildings. Such buildings are principal agricultural buildings
and shall comply with the yard and height requirement of the agricultural
districts.
Buildings on non-conforming lots in the A-1, A-2, A-3, or A-4
districts less than 10 acres shall be considered accessory buildings
and shall comply with the provisions of this section.
(6)
Size. Accessory building size is based upon lot size according
to table in § ZN 3.14(12).
(7)
Setbacks. Accessory buildings shall have the following setbacks.
[See table in § ZN 3.14(12).]
(a)
A building separation of at least 10 feet between
all buildings and structures.
(b)
A minimum five-foot side and rear yard setback
on lots equal to or less than 39,999 square feet, unless zoned R-9,
R-10 or R-11 in which case the setback shall be 10 feet.
(c)
A minimum ten-foot side and rear yard setback on
lots equal to or greater than 40,000 square feet.
(d)
Detached accessory buildings in all other districts
shall meet the minimum setback requirements as outlined in each district.
(8)
Height. Accessory buildings shall have the following height.
[See table in § ZN 3.14(12).]
(a)
A maximum height of 15 feet for buildings (shed,
gazebos, pool house) equal to or less than 150 square feet.
(b)
A maximum height of 17 feet for buildings greater
than 150 square feet and equal to or less than 720 square feet.
(c)
A maximum height of 20 feet for buildings greater
than 720 square feet.
(d)
A maximum height of 24 feet for buildings greater
than 3,000 square feet.
(9)
Number of Buildings. The number of accessory buildings permitted
per lot are as follows: (see table in § ZN 3.14(12)).
(a)
One of each: shed, gazebo, pool house equal to
or less than 150 square feet.
(b)
One accessory building, greater than 150 square
feet, on lots equal to or less than 79,999 square feet.
(c)
Two accessory buildings, greater than 150 square
feet, on lots equal to or greater than 80,000 square feet.
(d)
If the total number of detached accessory buildings
existing on a parcel exceeds the total number permitted in the district,
no additional buildings or additions to existing buildings shall be
permitted unless buildings in excess of the district standard are
removed.
(10)
Open Sided/Screened Structures (Buildings) Such as Gazebos and
Screen Houses. Open sided and/or screened structures (buildings) such
as gazebos, and screen houses are permitted in the shoreyard setback
area provided that the following is satisfied in accordance with § 59.692(1v),
Wis. Stats.
(a)
The part of the structure (building) that is nearest
to the water is located at least 35 feet landward from the ordinary
high water mark.
(b)
The floor area of all structures (buildings) in
the shoreland setback area shall not exceed 200 square feet.
(c)
The structure (building) has no sides or has open
or screened sides.
(d)
The structure (building) shall not exceed 10 feet
in height.
(e)
Submittal of a plan, approved by the Village, that
will be implemented by the owner of the property to preserve or establish
a vegetative shoreland buffer area that covers at least 70% of the
width at least 37.5 feet landward from the ordinary high water mark.
(f)
Shoreland buffer area shall be established and
maintained with applicable shoreland cutting provisions of § ZN
3.10(2).
(11)
Boathouses.
(a)
Boathouses, accessory to permitted uses, may be
located within a shore yard and entirely within the access and viewing
corridor, but shall not be closer to a lake, stream, pond, or wetland
than the ordinary high water mark. A boathouse is a non-habitable
structure and shall be designed and used exclusively for marine equipment
and shall meet the following requirements:
1.
Used by the owner or occupant of the parcel;
2.
One boathouse per shoreland lot;
3.
Not to be closer than three feet to any side lot
line; and the boathouse shall be constructed in such manner as to
orient the main opening of the boathouse toward the lake;
4.
Not exceed 450 square feet measured outside wall
to outside wall;
5.
Not to exceed one story, with a minimum wall height
of 10 feet;
6.
Maximum height of 12 feet above the existing shoreline
grade except when bluff and/or steep slope conditions exist, (in such
cases, it shall not exceed the height of the top grade elevation of
said shoreland lot);
7.
Maximum width parallel to the shore of 15 feet;
8.
Not to contain fireplaces, patio doors, plumbing,
heating, air conditioning, cooking facilities or other features inconsistent
with the use of the structure exclusively as a boathouse;
9.
No attached or detached decks or patios;
10.
Maximum of 10 square feet of window surface may
be allowed on each side;
11.
No more than one service door not to exceed 36
inches in width. The service door shall not be on the water body side
of the structure;
12.
No more than one garage style access door not exceeding
10 feet in width and no less than eight feet in width. The garage
style door shall be on the water body side of the structure.
(12)
Summary of Regulations for Detached Accessory Buildings.
|
Lot Size
|
Maximum Number of Buildings
|
Maximum Size
(square feet)
|
Maximum Height
(feet)
|
Yard Location
|
Side/Rear Setback
|
|---|---|---|---|---|---|
|
<15,000 square feet
|
1
1
|
150
720
|
12
17
|
Side or rear
Side or rear
|
5 feet
5 feet
|
|
15,000-19,999 square feet
|
1
1
|
150
1,000
|
12
20
|
Side or rear
Side or rear
|
5 feet
5 feet
|
|
20,000-39,999 square feet
|
1
1
|
150
1,500
|
12
20
|
Side or rear
Side or rear
|
5 feet
5 feet
|
|
40,000-79,999 square feet
|
1
1
|
150
2,000
|
12
20
|
Side or rear
Side or rear
|
10 feet
10 feet
|
|
80,000-119,999 square feet
|
1
2
|
150
2,500
|
12
20
|
Side or rear
Side or rear
|
10 feet
10 feet
|
|
120,000-159,999 square feet
|
1
2
|
150
3,000
|
12
24
|
Side or rear
Side or rear
|
10 feet
10 feet
|
|
160,000-4.9 ac
|
1
2
|
150
3,500
|
12
24
|
Side or rear
Side or rear
|
10 feet
10 feet
|
|
5-5.9 ac
|
1
2
|
150
4,000
|
12
24
|
Side or rear
Side or rear
|
10 feet
10 feet
|
|
6-6.9 ac
|
1
2
|
150
4,500
|
12
24
|
Side or rear
Side or rear
|
10 feet
10 feet
|
|
7-7.9 ac
|
1
2
|
150
5,000
|
12
24
|
Side or rear
Side or rear
|
10 feet
10 feet
|
|
8-8.9 ac
|
1
2
|
150
5,500
|
12
24
|
Side or rear
Side or rear
|
10 feet
10 feet
|
|
9-9.9 ac
|
1
2
|
150
6,000
|
12
24
|
Side or rear
Side or rear
|
10 feet
10 feet
|
|
>10 ac
|
No limit
|
No limit
|
24
|
Side, rear, street
|
25 feet/50 feet
|
|
R-9
|
No limit
|
No limit
|
20
|
Side or rear
|
25 feet/50 feet
|
|
R-10
|
No limit
|
No limit
|
20
|
Side or rear
|
25 feet/50 feet
|
|
R-11
|
No limit
|
No limit
|
20
|
Side or rear
|
25 feet/50 feet
|
|
R-12
|
1
1
|
150
720
|
12
17
|
Side or rear
Side or rear
|
5 feet
5 feet
|
(1)
Compliance. It shall be unlawful to construct, install, enlarge,
or alter any deck or patio as defined in this Ordinance, except in
compliance with the provisions of this Ordinance, and State Statutes
and the Wisconsin Administrative Code.
(2)
Districts. Decks may be located in all districts except the
C-1 Lowland Resource Conservancy District and FPO Floodplain District.
Patios may be located in all districts except in the C-1 Lowland
Resource Conservancy District.
(3)
Permit Required. All decks and only patios within the shoreyard
setback, shall not be located, directed, moved, reconstructed, extended,
enlarged, converted or structurally altered without a zoning permit
from the Village and without being in conformity with the provisions
of this Ordinance, and State Statutes and the Wisconsin Administrative
Code.
(4)
Application. All drawings and plans for the construction, installation,
enlargement or alteration of any such deck and/or patio shall first
be presented to the Village for examination and approval as to proper
size, location and construction.
All such plans and drawings shall be drawn to scale and shall
indicate thereon all distances and dimensions so as to accurately
and explicitly show all lot lines, and all information pertaining
to the deck and/or patio. In the case of a deck, such plans shall
also include vertical elevations of the accessory building.
(5)
Setback - Deck. A deck is permitted in any yard subject to the
following:
(a)
Street Yard: as required by the district.
(b)
Side Yard: 10 feet into any required setback, but
not less than five feet.
(c)
Rear Yard: 10 feet into any required setback, but
not less than 15 feet.
(d)
Shore Yard: permitted in the required setback,
in accordance with § 59.692(1v), Wis. Stats., and subject
to the following:
1.
Not less than 35 feet from the ordinary high water
mark
2.
Not greater than 200 square feet in area, inclusive
of patios, gazebos and screen houses within this setback.
3.
Submittal of a plan, approved by the Village, that
will be implemented by the owner of the property to preserve or establish
a vegetative shoreland buffer area that covers at least 70% of the
width at least 37.5 feet landward from the ordinary high water mark.
The shoreland buffer area shall be established and maintained with
applicable shoreland cutting provisions of § ZN 3.10(2).
(6)
Setback - Patio. A patio is permitted in any yard subject to
the following:
(a)
Street Yard: as required by the district.
(b)
Side Yard: five feet.
(c)
Rear Yard: five feet.
(d)
Shore Yard: permitted in the required setback,
in accordance with § 59.692(1v), Wis. Stats., and subject
to the following:
1.
Not less than 35 feet from the ordinary high water
mark
2.
Not greater than 200 square feet in area, inclusive
of patios, gazebos and screen houses within this setback.
3.
Submittal of a plan, approved by the Village, that
will be implemented by the owner of the property to preserve or establish
a vegetative shoreland buffer area that covers at least 70% of the
width at least 37.5 feet landward from the ordinary high water mark.
The shoreland buffer area shall be established and maintained with
applicable shoreland cutting provisions of § ZN 3.10(2).
(1)
Permit Required. It shall be unlawful to proceed with the construction,
installation, enlargement or alteration of an Accessory Living Unit,
as defined in this Ordinance, without a zoning permit from the Village
and without being in conformity with the provisions of this Ordinance,
State Statutes and the Wisconsin Administrative Code.
(2)
Districts. Accessory Living Units may be located in the A-1,
A-2, C-2, R-1, R-2, R-3, R-4, R-4.5, R-5, R-6 Districts.
(3)
Application. All drawings and plans for the construction, installation,
enlargement or alteration of any such Accessory Living Unit shall
first be presented to the Village for examination.
All such plans and drawings shall be drawn to scale and shall
indicate thereon all distances and dimensions so as to accurately
and explicitly show all floor plans, lot lines and all information
pertaining to the Accessory Living Unit.
(4)
Requirements. The following rules apply to an Accessory Living
Unit.
(a)
Only one Accessory Living Unit is permitted per
single-family dwelling.
(b)
The Accessory Living Unit shall not exceed 600
square feet in area.
(c)
No more than two people may reside in the Accessory
Living Unit.
(d)
The entire structure must appear or continue to
appear as a single-family dwelling. A separate garage or driveway
is not permitted.
(e)
No separate address is permitted.
(f)
No separate utility connections and/or meters are
permitted.
(g)
A physical access between the main living unit
and the accessory living unit must be present within the single-family
dwelling unit. The required connection may not be through an attic,
basement, garage, porch or other non-living area. A door may be used
to separate the accessory living unit from the rest of the single-family
dwelling unit.
(h)
In addition to the internal physical connection
required above, only one separate outdoor side or rear access, being
a patio door, may be provided; however, the structure shall continue
to appear as a typical single-family dwelling.
(i)
An external stairway which serves the Accessory
Living Unit is prohibited.
(j)
The Accessory Living Unit may contain a separate
bathroom, laundry, living, efficiency kitchen, sleeping (one bedroom)
and recreation areas, including exterior porches, patios, and/or decks.
(k)
The Accessory Living Unit shall be occupied by
a resident related through blood, marriage or adoption to the resident
occupant of the single-family dwelling.
(l)
An Accessory Living Unit should be considered and
regulated as part of, or as a permitted addition to, a single-family
dwelling. It shall not require conditional use approval or special
site plan review.
(m)
When an application is submitted for a zoning permit
to accommodate what is explicitly listed as, or could possibly be,
an Accessory Living Unit, the building plan shall be marked as "Not
a separate dwelling unit nor apartment."
(n)
A standardized affidavit affecting real estate
shall be attached to the zoning permit and recorded in the Register
of Deeds.
(1)
Purpose. As permitted in § ZN 3.02(1)(e) of this Ordinance,
the temporary use regulations of this section are intended to allow
such occasional, temporary uses and activities when consistent with
the overall purposes of this zoning ordinance and the uses allowed
in a particular zoning district, and when the operation of the temporary
use will not be detrimental to the public health, safety or general
welfare. The nature, character or circumstances of temporary uses
are unique and dependent upon specific conditions. Therefore, specifying
all temporary uses and associated standards, regulations or conditions
necessary or appropriate for a temporary use permit to be granted
is not practical.
(2)
Temporary Uses Not Requiring a Zoning Permit. Although it is
recognized that it is neither possible nor practical to list all of
the temporary uses not needing a zoning permit, the following are
allowed subject to the listed conditions:
(a)
Handicap Ramp. A temporary handicap ramp is allowed
to be constructed to provide access to a residential dwelling that
does not meet the setback requirements of this Ordinance.
1.
The temporary handicap ramp shall be used solely
for the purpose of handicapped accessibility to the residential dwelling.
Any additional uses other than handicapped accessibility are prohibited
(i.e. recreational decks defined as any landing area larger than four
feet by six feet).
2.
The temporary handicap ramp shall be designed to
have the least deviation of applicable setbacks.
3.
The property owner is responsible for removing the
temporary handicapped ramp when it is no longer required by the occupants
of the dwelling
4.
Additional conditions may be imposed to ensure compliance
with the provisions of this Ordinance and all local, state and federal
requirements.
(b)
On-Site Construction Trailers.
1.
Construction trailer(s) shall be located on the
same property in which the construction project it services is taking
place.
2.
The site on which the construction trailer(s) is
proposed to be located shall have an active zoning, erosion control
or stormwater permit issued by the Department of Planning and Development.
3.
Construction trailer(s) shall be located in an area
which is accessible for emergency vehicles.
4.
Construction trailer(s) shall comply with all local,
State and Federal requirements.
5.
Construction trailer(s) shall be removed from the
property prior to the issuance of a Certificate of Compliance for
which the building or related site improvements have occurred. Where
a project does not require the issuance of a Certificate of Compliance,
construction trailer(s) shall be removed from the property prior to
the expiration of the permit relative to the project.
(c)
Temporary Portable Storage Containers. A temporary
portable storage container (such as, but not limited to, those available
from PODS or U-Haul) is a purpose-built, fully enclosed, box-like
container to provide residential property owners temporary storage
space for home remodeling, relocating, fire and/or water damage; and
cleaning out attics, basements, garages or other attached storage
areas. A temporary portable storage container is not a storage shed,
roll-off container, dumpster, cargo/shipping container or the trailer
portion of a tractor-trailer.
1.
Temporary portable storage containers shall only
be permitted on lots with a principal building or structure.
2.
Temporary portable storage containers shall not
be used in conjunction with a home occupation or used as a principal
use or principal building or structure.
3.
All temporary portable storage containers shall
display the container provider's contact information. Signs shall
not contain other advertising for any other product or services.
4.
Temporary portable storage containers shall not
be inhabited.
5.
Containers may not be placed in any road right-of-way,
vision triangle, sidewalk, and landscape or drainage easement.
6.
Due to the temporary nature of temporary portable
storage containers, location in a driveway or yard may be acceptable.
7.
Temporary portable storage containers shall be permitted
on a lot for a period not to exceed 30 consecutive days within a six-month
period. For extensive construction projects a written extension may
be granted by Planning and Development.
8.
Maximum cumulative size of all temporary portable
storage containers on a property may not exceed 130 square feet.
9.
Portable storage containers may not exceed a height
of 8 1/2 feet. The height of such structures is measured from
the lowest ground level adjacent to the structure to the top of the
structure. Stacking of containers is prohibited.
(3)
Temporary Uses Requiring a Zoning Permit. It shall be unlawful
to proceed with the construction, installation, enlargement or alteration
of a temporary use, as defined in this Ordinance, without a zoning
permit from the Department of Planning and Development and without
being in conformity with the provisions of this Ordinance and local,
State and Federal requirements. Although it is recognized that it
is neither possible nor practical to list all the temporary uses for
which a zoning permit is required, the following are allowed subject
to the listed conditions:
(a)
Two single-family dwellings on one property. A
new single-family dwelling is allowed to be constructed on an existing
lot with an existing single-family dwelling.
1.
The underlying zoning district allows for a single-family
dwelling.
2.
The existing single-family dwelling is razed no
later than a mutually agreed date determined by the Village and the
applicant. Such action may require a raze permit from the Village.
3.
The occupant(s) of the existing dwelling is (are)
allowed to live in the existing dwelling while the new single-family
dwelling is being constructed on the property.
4.
Only one dwelling shall be occupied at a time.
5.
The new single-family dwelling shall comply with
all setback requirements of the underlying zoning district and shall
be located a minimum of 10 feet from the existing dwelling.
6.
A standardized affidavit affecting real estate,
referencing the mutually agreed date the second single-family dwelling
is to be razed, shall be attached to the zoning permit and recorded
in the register of deeds.
(b)
Temporary residence during reconstruction of a
single-family dwelling due to natural disaster in only the A-1 and
A-2 zoning districts. A manufactured home may be used as a temporary
dwelling while the existing single-family dwelling is being reconstructed
due to a natural disaster.
1.
Such use shall only be permitted in the A-1 or A-2
zoning district and then only when there is proven need to provide
twenty-four-hour presence on the property for the raising of livestock
or horses.
2.
Such use shall be granted for six months unless
approved for an additional six months.
3.
The manufactured home shall be removed from the
property within 30 days of obtaining an occupancy permit from the
Village or by the expiration date of the zoning permit for the single-family
residence to be reconstructed, whichever comes first.
4.
Only the occupant(s) of the existing single-family
dwelling are allowed to live in the manufactured home while the single-family
dwelling is being reconstructed on the property.
5.
Only one dwelling shall be occupied at a time.
6.
The manufactured home shall comply with all setback
requirements of the underlying zoning district and shall be located
a minimum of 10 feet from the existing dwelling.
7.
All sanitary codes shall be complied with.
8.
A standardized affidavit affecting real estate shall
be attached to the zoning permit and recorded in the register of deeds.
(4)
Temporary Uses Requiring Approval by the Board of Appeals. It
shall be unlawful to proceed with the operation, construction, installation,
enlargement or alteration of a temporary use, as defined in this Ordinance,
without first obtaining approval from the Village Board of Appeals
and also obtaining any applicable zoning permit or certificate of
compliance from the Village being in conformity with the provisions
of this Ordinance, and local, State and Federal requirements. Although
it is recognized that it is neither possible nor practical to list
all the temporary uses for which Board of Appeals approval is needed,
the following are allowed subject to Board of Appeals approval:
(a)
Circus, Concerts and Festival events less than
5,000 people.
(b)
Christmas Tree sales.
(c)
Classrooms.
(d)
Fireworks Stands.
(e)
Food Stands.
(f)
Fruit and Vegetable Stands.
(g)
Horse Shows and Rodeos.
(h)
Model Home Sales Office.
(i)
Real Estate Sales Offices.
(j)
Recreational Vehicle Races and Events.
(k)
Sales Office.
(l)
Vacant Lot Tent Sales.
(1)
Exterior Lighting Standards. The requirements of this section
apply to all private exterior lighting within the business, manufacturing,
institutional and park-recreational districts, except as may be modified
by a Development Agreement entered into by a property owner and the
Village, in which case the provisions of the Development Agreement
shall control.
(a)
Orientation of Fixtures. Except for security lighting,
outdoor recreational facility lighting or flag lighting, in no instance
shall an exterior lighting fixture be oriented so that the lighting
element (or a transparent shield) is visible from any abutting right-of-way
or adjacent property. The use of fully shielded fixtures (as defined
in the Wisconsin Model Exterior Lighting Ordinance) is required and
careful fixture placement and maintenance is encouraged so as to facilitate
compliance with this requirement.
1.
Building Lighting. Ground-mounted light fixtures
for building lighting shall be carefully located, aimed and shielded
so that light is directed only onto the building facade.
2.
Service Station Canopy Lighting. Light fixtures
mounted on the bottom surface of service station canopies shall be
recessed so that the lens cover is flush with the bottom surface (ceiling)
of the canopy.
3.
Wall Lighting. Wall-mounted light fixtures shall
be aimed and shielded so that illumination is directed below a horizontal
plane through the top of the lighting fixture.
(b)
Intensity of Illumination. In no instance shall
the amount of illumination attributable to exterior lighting as measured
at the property line exceed 0.5 footcandle above ambient lighting
conditions on a cloudless night. This will be verified by a photometric
plan of the property.
(c)
Minimum Parking Lot Lighting. All areas designated
on required site plans for vehicular parking, loading or circulation
and used for any such purpose shall provide artificial illumination
in those areas at a minimum average intensity of two footcandles.
(d)
Height. Light fixtures shall not be more than 25
feet above ground level for parking lots serving 20 or fewer parking
spaces, nor more than 30 feet above ground level for parking lots
with more than 20 spaces.
(e)
Flashing, Flickering and Other Distractive Lighting.
Flashing, flickering and/or other lighting which may distract motorists
is prohibited.
(f)
Non-conforming Lighting. All lighting fixtures
existing prior to the effective date of this Section and that do not
comply with the provisions of this Section shall be considered as
legal non-conforming uses. The replacement of non-conforming fixtures
after the effective date of this Section shall be done so with fixtures
which fully comply with the provisions of this Section.
(g)
Exemptions. Lighting placed in a public right-of-way
for public safety shall be exempt from the provisions of this Section.
(h)
Special Uses. Lighting for outdoor recreational
facilities such as athletic fields, courts, tracks, golf courses and
driving ranges, shooting ranges, swimming pools, ski hills or amusement
parks and fairgrounds may be exempt from the provisions of this Section,
but shall meet accepted minimum design standards for the intended
use. Lighting plans for outdoor recreational facilities shall be subject
to review and approval by the Village.
(1)
Purpose. The purpose of this subchapter is to indicate the minimum
requirements for the landscaping of new development and redevelopment
of any multi-family residential, business, manufacturing, and institutional
district except for development requiring the platting process, in
which case the landscaping plan shall be included with the submittal
of all preliminary plats to be approved during the platting process
by the Village.
(2)
Landscape Plan Required. A landscape plan shall be prepared
by a registered Landscape Architect for all new development or redevelopment.
The landscape plan shall provide for and address landscaping for open
yard area, landscaping for building foundations, landscaping for street
frontage, and landscaping for paved areas including loading areas.
The Landscape Architect shall stamp and certify in writing that the
plan is complete and accurately depicts and complies with the standards
set forth in this Ordinance.
Following installation of landscaping, a written certification
shall be submitted by the Landscape Architect certifying that all
the required landscape materials specified on the plan have been installed
in conformance with the landscape plan as approved by the Village.
The development applicant shall commit, in writing, to maintain all
required landscaping. The requirement that landscape plans and specifications
be certified by a Landscape Architect may be waived by the Village.
The requirements of this § U may be modified by written
Development Agreement between the Village and the Owner, in which
case the requirements of the Development Agreement shall control.
The landscape plan shall be drawn on a site plan that includes:
(a)
A graphic scale (not smaller than one inch equals
40 feet).
(b)
A North arrow.
(c)
Date drafted.
(d)
Property lines, easements, and street rights-of-way
with dimensions.
(e)
Location and dimensions of all landscaped areas;
location and botanical name and size of all plant materials and ground
cover; and the location of pertinent landscape features.
(f)
Location of existing and proposed utility improvements.
(g)
Proposed layout of vehicular use areas including
the location, dimensions of parking spaces, parking lot islands, interior
plantings, pedestrian walkways and circulation aisles.
(h)
Location of all existing significant trees on the
site that the applicant proposes to remove; the location of all existing
trees with a diameter breast height (dbh) greater than five inches
which are to be retained and counted towards minimum requirements.
(i)
The location, design, height and building material
of proposed walls, planter boxes, and fences.
(j)
The direction of street and parking lot traffic
using one-way or two-way arrows.
(k)
The location and extent of all waterways, wetlands
and water features.
(l)
The location and extent of all primary and secondary
environmental corridors as mapped by the Southeastern Wisconsin Regional
Planning Commission (SEWRPC).
(3)
Preservation of Existing Vegetation. Every attempt shall be
made by the developer/applicant to preserve existing trees with a
diameter breast height (dbh) of at least five inches and significant
trees which are to be counted towards minimum requirements. Significant
tree(s) are any tree or grouping of trees which has been determined
to be of high value by the Village staff and/or consultants because
of its size 24 inches or greater DBH), age, historic significance
or other professional criteria. When it is necessary to remove significant
trees, the developer shall replace 24 inches caliper or larger deciduous
trees with six three inches caliper deciduous trees, Conifers 24 inches
caliper or larger may be replaced with two ten-foot tall conifers
or three six foot to eight foot coniferous trees. Existing trees to
be saved during construction shall have a protective fence placed
around the tree at the drip line.
(4)
Hardscaping. On unique site or sites with unique design opportunities,
or properties located within the Village, hard landscaping features
(such as sculptures or statues, walls, foundations, benches, scenic
viewpoints, and scenic walkways) may be incorporated into a landscape
in lieu of plantings, subject to review by the Village staff. Landscaping
provided by hardscaping shall not preclude the need to provide plantings
in other areas of the development.
(5)
Landscaping Required for Open Yard Areas. All lots shall provide
a minimum amount of landscaping provided on the basis of open yard
area which shall provide a combination of deciduous, evergreen, ornamental
trees and shrubs. Landscaping for open yard area is intended to provide
yard shade and to screen detached exterior appurtenances such as HVAC,
utility boxes, standpipes, stormwater discharge pipes and other pipes.
Landscaping for this purpose is most effective if located away from
buildings. Landscaping for open yard area shall be:
(a)
In Multi-Family Residential Districts (not requiring
the platting process): A minimum of two evergreen or deciduous trees
per 1,000 square feet of open yard area; two ornamental trees or two
shrubs shall equal one evergreen or deciduous tree.
(b)
In Business, Manufacturing and Institutional Districts:
A minimum of one evergreen or deciduous trees per 1,000 square feet
of open yard area; two ornamental trees or two shrubs shall equal
one evergreen or deciduous tree.
(6)
Landscaping Required for Building Foundations.
All lots shall provide a minimum amount of landscaping for building
foundations which shall provide a combination of ornamental trees
and shrubs Landscaping required for building foundations shall be
placed so that, at maturity, the plant's drip line is located within
10 feet of the building's foundation. Larger trees shall not be used
to meet this requirement. The intent is to provide a visual break
in the mass of buildings and to provide a visual for all appurtenances
such as HVAC, utility boxes, standpipes, stormwater discharge pipes
and other pipes extending from the building. Landscaping for building
foundations shall be:
(a)
In Multi-Family Residential Districts (not requiring
the platting process): A minimum of one ornamental tree per 20 feet
of building foundation. Two shrubs shall equal one ornamental tree.
(b)
In Business, Manufacturing and Institutional Districts:
A minimum of one ornamental tree per 20 feet of building foundation.
Two shrubs shall equal one ornamental tree.
(7)
Landscaping Required for Street Frontage. All lots shall provide
a minimum of landscaping in those areas that abut the right-of-way
of a public highway, street or road to visually soften the appearance
of development, which shall provide a combination of deciduous, evergreen,
ornamental trees and shrubs. Front yard landscaping shall not, however,
impede vehicle or pedestrian visibility and shall comply with the
traffic visibility (vision triangle) requirements of § ZN
3.06(1). Shrubs shall not be used to meet this requirement.
(a)
In Multi-Family Residential Districts (not requiring
the platting process): A minimum of one evergreen or deciduous trees
per 30 feet of street frontage. Two ornamental trees or two shrubs
shall equal one evergreen or deciduous tree.
(b)
In Business, Manufacturing and Institutional Districts:
A minimum of one evergreen or deciduous trees per 50 feet of street
frontage. Two ornamental trees or two shrubs shall equal one evergreen
or deciduous tree.
(8)
Landscaping Required for Parking Areas. All parking areas shall
provide a minimum of landscaping around the perimeter, which shall
provide a combination of deciduous, evergreen, ornamental trees and
shrubs. All landscaped areas located adjacent to a parking lot shall
be separated from the paved area by a continuous minimum four-inch
curb which is constructed of concrete. The use of berms shall constitute
over 75% of the parking areas abutting a right-of-way. The berm shall
be designed to be meandering and undulating with a minimum height
of four feet with slopes no greater than 4:1. Landscaping for parking
lot perimeters shall be:
(a)
In Multi-Family Residential Districts (not requiring
the platting process): A minimum of one evergreen or deciduous trees
per 25 feet. Two ornamental trees or four shrubs shall equal one evergreen
or deciduous tree.
(b)
In Business, Manufacturing and Institutional Districts:
A minimum of one evergreen or deciduous trees per 25 feet. Two ornamental
trees or four shrubs shall equal one evergreen or deciduous tree.
(c)
In (a) and (b) above, when abutting a residential
district or use, deciduous and ornamental trees and/or shrubs are
not permitted.
(9)
Landscaping Required in Parking Area Interiors. All off-street
parking areas in which the parking aisle or parking bay does not terminate
with a landscaped buffer yard shall have a landscaped island. The
minimum size of each landscaped island shall be 160 square feet and
contain at least one deciduous or ornamental tree. At a minimum, every
third parking bay (defined grouping of parking stalls) shall have
a continuous landscaped planting strip of not less than eight feet
in width running the entire length of the parking bay and shall contain
at least one deciduous or ornamental tree per 50 feet.
Location of landscaped areas, plant materials, protection afforded
the plantings, including curbing and provision for maintenance shall
be subject to approval by the Village staff. All plans for proposed
parking areas shall include a topographic survey and grading plan
which shows existing and proposed grades and location of improvements.
The preservation of existing trees, shrubs, and other natural vegetation
in the parking area may be included in the calculation of required
minimum landscaped area.
.tiff.png "ZN 3(2).tiff") |
.tiff.png "ZN 3(3).tiff") |
(10)
Requirements for Single-Family, Two-Family and Multi-Family
Residential Development. The landscaping plan shall be included with
the submittal of all preliminary plats to be approved during the platting
process by the Village.
