This chapter permits specific uses in specific districts; and these performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or district. All structures, lands, air, and waters shall hereafter, in addition to their use, site, and sanitary regulations, comply with the following performance standards.
No person or activity shall emit any fly ash, dust, fumes, vapors, mists, or gases in such quantities so as to substantially contribute to exceeding established state or federal air pollution standards.
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 and with adequate firefighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system. The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed 30,000 gallons.
No activity shall emit glare or heat that is visible or measurable outside its premises except activities which may emit direct or sky reflected glare which shall not be visible outside their district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.
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 might 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. All stormwater runoff should be free of sediment, chemicals, or other contaminants to protect water quality in the Town. In addition, no activity shall withdraw water or discharge any liquid, 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 Chapter NR 102, Wis. Adm. Code.
A. 
No activity in an M-1 Industrial District shall produce a sound level outside the district boundary that exceeds the following sound level measured by a sound level meter and associated octave band filter:
M-1 Industrial District Noise
Octave Band Frequency
(cycles per second)
Sound Level
(decibels)
0
to
75
79
75
to
150
74
150
to
300
66
300
to
600
59
600
to
1,200
53
1,200
to
2,400
47
2,400
to
4,800
41
Above
4,800
39
B. 
No other activity in any other district shall produce a sound level outside its premises that exceeds the following:
Any Other District Noise
Octave Band Frequency
(cycles per second)
Sound Level
(decibels)
0
to
75
72
75
To
150
69
150
To
300
59
300
To
600
52
600
To
1,200
46
1200
To
2,400
40
2400
To
4,800
34
Above
To
4,800
32
C. 
All noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness.
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 Chapter 13, Air Pollution Abatement Manual-1960, prepared by the Manufacturing Chemists' Association, Inc., Washington, D.C.
No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.
No activity in any district shall emit vibrations that are discernible without instruments outside its premises. No activity shall emit vibrations that exceed the following displacement measured with a three-component measuring system:
Vibrations
Frequency
(cycles per second)
Displacement
(inches)
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
0.0002
0.0001
A. 
Purpose and characteristics. The intent of this section is to:
(1) 
Protect the lakes and associated aquatic and terrestrial systems.
(2) 
Enhance the scenic character and natural environment of the Town.
(3) 
Establish natural buffers to screen structures from roads, water bodies, and neighboring properties.
(4) 
Mitigate adverse impacts attributed to stormwater runoff.
(5) 
Identify the landscape standards created and intended to achieve these purposes.
B. 
General design criteria.
(1) 
The addition of new plant materials shall augment existing vegetation.
(2) 
Existing, healthy, noninvasive species should be considered as part of and incorporated within a landscape plan.
(3) 
The location, dimensions, and spacing of required plantings should be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as wind, soil, moisture, and sunlight.
(4) 
Diversity of vegetation species is recommended.
(5) 
Trees or shrubs that are planted immediately adjacent to roadway rights-of-way shall be moderately tolerant of both salt spray and salt absorbed into the soil.
(6) 
Canopy trees that are newly installed shall reach a minimum height and spread of 30 feet at maturity (10 years' growth) as determined by the American Association of Nurserymen (AAN) Standards and shall be deciduous. New canopy trees shall have a minimum caliper of two inches at planting.
(7) 
Ornamental trees that are newly installed shall reach a typical minimum height of 15 feet at maturity, based on AAN Standards and shall be deciduous. Ornamental trees shall have a distinctive ornamental character such as showy flowers, fruit, habit, foliage, or bark. New ornamental trees shall have a minimum caliper of 1.5 inches.
C. 
Plant material types and quantities.
(1) 
All plants shall be hardy and within the United States Department of Agriculture (USDA) hardiness zone applicable to the Town of West Bend, Wisconsin (Hardiness Zones 5a to 3a).
(2) 
Native or naturalized plant species shall be considered preferential when developing a landscape plan.
(3) 
All plants shall meet the minimum standards for health, form, and root condition as outlined in the AAN Standards.
D. 
R-1N and R-1R residential landscape design criteria.
(1) 
Preservation and visual blending of the existing natural landscape features shall be a priority in landscape planning.
(2) 
Vegetated buffers shall be established and maintained so as to diminish the view of existing structures from the roadway.
(3) 
Scenic buffer areas shall be established and maintained within the street yard outside of any right-of-way with the plant quantities and general plant types as indicated in the table below.
R-1N and R-1R Scenic Buffer Area Required Plantings
Area
Combination of Existing and New Plantings
Each 50 feet of frontage abutting a state or county highway
3 canopy trees or 2 evergreens
1 ornamental tree
No fewer than 5 medium to tall shrubs
Property boundary along a minor arterial street around the perimeter of the development (minimum width: 30 feet)
Each 50 feet of frontage abutting a Town road
2 canopy trees or 1 evergreen
1 ornamental tree
No fewer than 5 medium to tall shrubs
E. 
R-1S Shoreland Residential, R-1S/MU Shoreland Residential/Mixed-Use and C-1 landscape design criteria.
(1) 
Vegetated buffers shall be established and maintained so as to diminish the view of existing structures from the roadway.
(2) 
Yard location diagram:
325 Yard Location Diagram.tif
(3) 
Planting design concepts should consider the following when implementing a landscape plan:
(a) 
Street yard areas (see yard location diagram).
[1] 
Ensure visual screening of buildings from adjacent roadways through vertical layering of plant materials that include ground covers, shrubs and trees.
[2] 
Enframe residential structures through planting masses that include native and wildlife-beneficial plant species.
(b) 
Side yard areas (see yard location diagram).
[1] 
Ensure visual screening of buildings or other structures when viewed from neighboring properties or streets through a planting scheme that incorporates evergreen (winter screening) vegetation and appropriate height of vegetation to minimize visual intrusion of buildings.
[2] 
Avoid obstruction of lake views from neighboring properties to the greatest extent possible through careful landscape planning.
(c) 
Rear yard areas (see yard location diagram).
[1] 
Establish vegetative buffer along the rear property line that enframes views to neighboring acreage.
(d) 
Shore yard areas (see yard location diagram).
[1] 
Shore yard areas should support vegetation that preserves the natural appearance of the shoreline, and supports plant materials that augment visual interest of the shore zone. Vertical diversity of plant materials shall be established or preserved, and include a canopy layer of trees, a mid-canopy layer of ornamental trees, and a ground layer of shrubs, ferns, forbs and grasses and other broadleaf groundcover plants.
[2] 
Property owners shall preserve or establish, and maintain, a primary shore yard buffer of native shore yard vegetation in the area that extends a minimum of 35 feet inland from the ordinary high water mark of navigable waters under the following circumstances:
[a] 
When a new principal structure is being constructed.
[b] 
When primary buffer restoration or maintenance is selected to meet the requirements of applicable county, state or federal requirements for any reconstruction, expansion, structural alteration, replacement, or relocation of any proposed structure that does not meet the minimum setback standards.
[3] 
Vegetation shall not be removed from the primary shore yard buffer except in access and viewing corridors. The removal of exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation posing a safety hazard is allowed.
[4] 
A cleared or semicleared viewing corridor within the shore yard buffer should adhere to the following dimensions:
[a] 
When a new principal structure is being constructed, or when required under applicable county or state or federal requirements, lots 200 feet or less wide at the ordinary high water mark may have a total width of an access and viewing corridor or corridors that may not exceed 30% of the lot's width, to a maximum of 40 feet, at the ordinary high water mark.
[b] 
When a new principal structure is being constructed, or when required under applicable county or state or federal requirements, lots which are more than 200 feet wide at the ordinary high water mark are allowed a total width of an access and viewing corridor or corridors that may not exceed 20% of the lot's width, to a maximum or 100 feet, of the lot's width at the ordinary high water mark.
[5] 
Property owners shall avoid planting nonnative plant species in the shore yard buffer area that may spread to nearby wetlands or waterways and ensure that invasive and nuisance flora is controlled within the shore buffer zone.
(4) 
Landscape plans shall be provided for building and site work that requires a site plan permit and for other site development work that disturbs over 500 square feet of site area.
R-1S and R-1S/MU Required Plantings
Area
Existing and New Plantings
Each 50 feet of street yard
1 canopy trees or 1 evergreen
1 ornamental tree
7 medium to tall shrubs
Vegetation shall be arranged in masses to filter views from the road edge
Dispersed patterns of landscape planting that provide minimal visual buffering shall be discouraged
New understory vegetation that augments existing mature deciduous trees should be considered in the development of a landscape plan
Front corners of parcel shall be anchored with vegetation, as appropriate
Each 50 feet of shore yard
1 canopy tree or 2 evergreens
1 ornamental tree
4 medium to tall shrubs
F. 
B-1, B-2, M-1 and P-1 landscape design criteria.
(1) 
Properties designated as B-1, B-2, M-1 and P-1 shall establish and maintain landscape regulations that promote visual buffering from the roadway (street edge) and neighboring parcels.
(2) 
Side yards shall be augmented with landscape features that encourage public use of the space.
(3) 
Site design and landscaping of parking lots shall comply with the requirements of Article VI, Traffic, Loading, Parking, and Access.
B-1, B-2, M-1 and P-1 Required Plantings
Area
Existing and New Plantings*
Street edge
4 trees for each 100 linear feet of frontage plus 1 of the following minimum:
Masonry or split rail fence minimum of 48 inches high with masonry posts at least 20 feet on center
Ornamental metal fence at least 48 inches high with a coniferous hedge at least 36 inches high planted on 1 side of the fence
Existing shrubs if they are continuous and at least 48 inches high
An additional row of trees
Side yard (including area between buildings)
Landscaping shall connect to existing landscape in and around the site and be of similar plant material
6 trees for each 1,000 square feet of space grouped together when possible or 4 trees and 4 medium to tall shrubs for each 1,000 square feet of space
Landscape area should include seating and pedestrian paths to encourage the use of the space
NOTES:
*
Existing plantings in combination with new plantings shall equal the requirement.
G. 
Suggested plant species.
Suggested Plant Species List (at least 3 different tree species and 3 different shrub species shall be used)
TREES
Large Deciduous Trees
Evergreen Trees
Basswood (Tilia Americana)
American Arborvitae (Thuja occidentalis)*
Bur Oak (Quercus macrocarpa)
Austrian Pine (Pinus nigra)
Common Hackberry (Celtis occidentalis) 'Prairie Pride'
Canadian Hemlock (Tsuga Canadensis)*
Common Honeylocust (Gleditsia triacanthos)
Eastern Red Cedar (Juniperus virginiani)
Red Maple (Acer rubrum)
Eastern White Pine (Pinus strobus)*
Red Oak (Quercus rubra)
Techny American Arborvitae (Thuja occidentalis 'Techny')
Sugar Maple (Acer saccharum)
White Spruce (Picea glauca)*
Swamp White Oak (Quercus bicolor)
Ornamental Deciduous Trees
River Birch (Betula nigra)
European Alder (Alnus glutinosa)
Laurel Willow (Saliz pentandra)
American Hornbeam (Carpinus caroliniana)
Hawthorns (Crataegus species)
SHRUBS
Tall Deciduous Shrubs
Medium Deciduous Shrubs
American Cranberrybush Viburnum (Viburnum trilobum)
American Filbert (Corylus Americana)*
Arrowwood Viburnum (Viburnum dentatum)
Red Chokeberry (Aronia arbutifolia)
Blackhaw Viburnum (Viburnum prunifolium)
Winterberry (Ilex verticillata)*
Common Witchhazel (Hamamelis virginiani)*
Withrod Viburnum (Viburnum cassinoides)*
Eastern Ninebardk (Physocarpus opuifolius)*
Evergreen Shrubs
Eastern Wahoo (Euonymus atropurpurea)*
Pfitzer Juniper (Juniper chinensis 'Pfitzerana')
Eastern White Pine (Pinus strobus)
Oldfield Common Juniper (Junipers communis depressa)*
Nannyberry Viburnum (Viburnum lentago)*
Creeping Juniper (Juniper horizontalis)*
Allegany Serviceberry (Amelanchier laevis)
Woodward Globe Arborvitae (Thuja occidentalis 'Woodwardii')
SHRUBS
Low Deciduous Shrubs
Dwarf European Cranberrybush (Viburnum opulus 'Nanum')
Alpine Currant (Ribes alpinum)
Mapleleaf Viburnum (Viburnum acerifolium)*
Black Chokeberry (Aronia melanocarpa)*
Running Serviceberry (Amelanchier stolonifera)*
* Native Vegetation Species
H. 
Prohibited landscaping species. The following species have been identified as invasive by the Wisconsin Department of Natural Resources (WDNR) due to their ability to invade wild areas, out-compete native species, degrade habitats, and potentially cause extensive ecological damage. These species are prohibited for use in all commercial, industrial, and residential site plans and landscaping plans in the Town of West Bend.
(1) 
Trees and shrubs.
(a) 
Autumn olive.
(b) 
Buckthorn - common, glossy.
(c) 
Honeysuckle - Amur, Morrow, showy, Tatarian.
(d) 
Japanese barberry.
(e) 
Maple - Amur, Norway.
(f) 
Smooth sumac.
(g) 
White mulberry.
(2) 
Vines.
(a) 
American bittersweet.
(b) 
Oriental bittersweet.
(3) 
Ground covers.
(a) 
Birds-foot trefoil.
(b) 
Crown vetch.
(4) 
Flowers and wildflowers.
(a) 
Dames rocket.
(b) 
Multiflora rose.
(c) 
Purple loosestrife.
(d) 
Yellow iris.
(5) 
Grasses.
(a) 
Maiden grass.
(b) 
Reed canary grass.
(6) 
Aquatic.
(a) 
Flowering rush.
(b) 
Water hyacinth.
(c) 
Water lettuce.
(d) 
Yellow floating heart.
A. 
Small wind energy systems.
(1) 
Applicability.
(a) 
This section applies to:
[1] 
New small wind energy systems, as defined in § 325-120 of this chapter and in Ch. PSC 128, Wis. Adm. Code.
[2] 
An expansion of a previously approved wind energy system other than those described in Subsection A(1)(b) below.
(b) 
This chapter does not apply to the following:
[1] 
A wind energy system for which construction began before March 1, 2011.
[2] 
A wind energy system placed in operation before March 1, 2011.
[3] 
A wind energy system approved by the Town before March 1, 2011.
[4] 
A wind energy system proposed by the owner in an application filed with the Town before March 1, 2011.
(2) 
Purpose. It is the purpose of this section to:
(a) 
Promote the safe, effective and efficient use of wind energy systems installed to reduce the on-site consumption of utility-supplied energy and/or hot water as a permitted accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.
(b) 
Oversee the permitting of wind energy systems.
(c) 
Preserve and protect the public health and safety without significantly increasing the cost or decreasing the efficiency of a wind energy system, per § 66.0401, Wis. Stats., and Ch. PSC 128 Wis. Adm. Code.
(3) 
Standards. The installation and operation of a wind energy system shall be subject to the following standards:
(a) 
Districts allowed. A wind energy system shall be an accessory to a principal use and shall require a conditional use permit in the R-1N, R-1R, R-1S, R-1s/MU, B-1, B-2, M-1, C-1, and P-1 Districts.
(b) 
Physical characteristics.
[1] 
The owner may not display advertising material or signage other than warnings, equipment information, or indicia of ownership on a wind turbine. The owner may not attach any flag, decorative sign, streamers, pennants, ribbons, spinners, fluttering, or revolving devices to a wind turbine. The owner may attach a safety feature or wind monitoring device to a wind turbine.
[2] 
The owner shall ensure that a wind turbine has a conventional or unobtrusive finish.
[3] 
The owner shall install lighting at a wind energy system that complies with standards established by the Federal Aviation Administration.
[4] 
The owner shall use shielding or control systems approved by the Federal Aviation Administration to reduce visibility of any required lighting to individuals on the ground.
[5] 
The owner shall take appropriate measures to ensure that a wind turbine is not readily climbable except by authorized personnel.
[6] 
The owner shall ensure that all wind turbine access doors and electrical equipment are locked when authorized personnel are not present.
[7] 
The owner shall place appropriate warning signage on or at the base of each wind turbine.
[8] 
The 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.
[9] 
The owner shall construct, maintain, and operate collector circuit facilities in a manner that complies with the National Electrical Safety Code and Ch. PSC 114, Wis. Adm. Code, and shall construct, maintain, and operate all wind energy system facilities in a manner that complies with the national electrical code.
(c) 
Construction, operation, and maintenance standards. The 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 and in a manner that protects individuals from injury.
(d) 
Setbacks.
[1] 
A wind energy system shall be set back a distance equal to 100% of from the maximum blade tip height from the following:
[a] 
Occupied community buildings.
[b] 
Nonparticipating residences.
[c] 
Nonparticipating property lines.
[d] 
Overhead communication and electric transmission lines or distribution lines, not including utility service lines to individual houses or outbuildings.
[2] 
The owner of an adjacent nonparticipating residence or an adjacent occupied community building may waive the required setback as long as such waiver is provided in writing to the Town at the time of application for a conditional use permit.
[3] 
There is no required setback for a wind energy systems from the following:
[a] 
Participating residences.
[b] 
Participating property lines.
[c] 
Public road right-of-way.
[d] 
Overhead utility service lines to individual houses or outbuildings.
(e) 
Noise.
[1] 
Hours. In this section, nighttime hours are the hours beginning at 10:00 p.m. and ending at 6:00 a.m. daily and daytime hours are the hours beginning at 6:00 a.m. and ending at 10:00 p.m. daily.
[2] 
Planning.
[a] 
The noise limits in this section apply at the outside wall of a nonparticipating residence or occupied community building that exists when the owner gives notice under § PSC 128.105(1), Wis. Adm. Code, or for which complete publicly available plans for construction are on file with the Town within 30 days of the date on which the owner gives notice under § PSC 128.105(1), Wis. Adm. Code.
[b] 
The owner shall design the proposed wind energy system to minimize noise at a residence or occupied community building to the extent reasonably practicable.
[c] 
The owner shall design a wind energy system to comply with the noise standards in this section under planned operating conditions.
[3] 
Noise limits.
[a] 
Except as provided below, the owner shall operate the wind energy system so that the noise attributable to the wind energy system does not exceed 50 dBA during daytime hours and 45 dBA during nighttime hours.
[b] 
In the event audible noise due to wind energy system operations contains a steady pure tone, such as a whine, whistle, screech, or hum, the owner shall promptly take corrective action to permanently eliminate the noise. This paragraph does not apply to sound the wind energy system produces under normal operating conditions.
[4] 
Compliance.
[a] 
If the owner uses sound level measurements to evaluate compliance with this section at a nonparticipating residence or occupied community building, those measurements shall be made as near as possible to the outside wall nearest to the closest wind turbine, or at an alternate wall as specified by the owner of the nonparticipating residence or occupied community building. The owner may take additional measurements to evaluate compliance in addition to those specified by this section.
[b] 
Upon receipt of a complaint regarding a violation of the noise standards of this section, the owner shall test for compliance with the noise limits in this section. The Town may not require additional testing if the owner has provided 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 at the location relating to the complaint.
[c] 
Upon receipt of a complaint about a noise under this section, the owner shall use operational curtailment to eliminate the noise until the owner permanently corrects the problem.
[5] 
Waiver. Upon request by the owner of a wind energy system, the owner of an affected nonparticipating residence or occupied community building may relieve the owner of the wind energy system of the requirement to meet any of the noise limits in this section at the affected residence or occupied community building by written contract with the wind energy system owner. Unless otherwise provided in a contract signed by the owner of an affected nonparticipating residence or occupied community building, a waiver by the owner of an affected nonparticipating residence or occupied community building is an encumbrance on the real property, runs with the land until the wind energy system is decommissioned, and shall be recorded under Ch. 706, Wis. Stats.
[6] 
Notification.
[a] 
Before entering into a contract for a waiver as described above, the owner of a wind energy system shall provide written notice of the requirements of this section to the owner of an affected nonparticipating residence or occupied community building.
[b] 
Before the initial operation of the wind energy system, the owner shall provide notice of the requirements of § PSC 128.14, Wis. Adm. Code, to each adjacent nonparticipating residence or occupied community building before the initial operation of the small wind energy system.
(f) 
Shadow flicker.
[1] 
Planning.
[a] 
The shadow flicker requirements in this section apply to a nonparticipating residence or occupied community building that exists when the owner gives notice under § PSC 128.105(1), Wis. Adm. Code, or for which complete publicly available plans for construction are on file with a political subdivision within 30 days of the date on which the owner gives notice under § PSC 128.105(1), Wis. Adm. Code.
[b] 
The owner shall design the proposed wind energy system to minimize shadow flicker at a residence or occupied community building to the extent reasonably practicable.
[2] 
Shadow flicker limits. The owner shall operate the wind energy system in a manner that does not cause more than 30 hours per year of shadow flicker at a nonparticipating residence or occupied community building. If a nonparticipating residence or occupied community building experiences more than 30 hours per year of shadow flicker under the wind energy system's normal operating conditions, the owner shall use operational curtailment to comply with this subsection.
[3] 
Shadow flicker mitigation. The owner of a wind energy system shall work with an owner of a nonparticipating residence or occupied community building to mitigate the effects of shadow flicker to the extent reasonably practicable.
[4] 
Waiver. Upon request by the owner of a wind energy system, an owner of an affected nonparticipating residence or occupied community building may relieve the wind energy system owner of a requirement under this section at the affected nonparticipating residence or occupied community building by written contract with the wind energy system owner. Unless otherwise provided in a contract signed by an owner of an affected nonparticipating residence or occupied community building, a waiver by an owner of an affected nonparticipating residence or occupied community building is an encumbrance on the real property and runs with the land until the wind energy system is decommissioned, and shall be recorded under Ch. 706, Wis. Stats.
(g) 
Signal interference.
[1] 
Except as provided under an approved waiver, the signal interference requirements in this section apply to commercial communications and personal communications in use when the wind energy system begins operation.
[2] 
The owner shall use reasonable efforts to avoid causing interference with commercial communications and personal communications to the extent practicable.
[3] 
The owner may not construct wind energy system facilities within existing line-of-sight communication paths that are used by government or military entities to provide services essential to protect public safety. The Town may require an owner to provide information showing that wind turbines and other wind energy system facilities will be in compliance with this subsection.
(h) 
Emergency procedures. The owner shall notify the Town of the occurrence and nature of a wind energy system emergency within 24 hours of the wind energy system emergency.
(i) 
Decommissioning.
[1] 
The owner of a wind energy system shall decommission and remove the wind energy system when the system is at the end of its useful life.
[2] 
A wind energy system is presumed to be at the end of its useful life if the wind energy system generates no electricity for a continuous 540-day period.
[3] 
When decommissioning is required, the owner shall begin decommissioning within 360 days after the wind energy system has reached the end of its useful life. The owner shall complete decommissioning and removal of the wind energy system within 540 days after the wind energy system has reached the end of its useful life.
[4] 
The owner shall file a notice of decommissioning completion with the Town and the Public Service Commission when a wind energy system approved by the Town has been decommissioned and removed.
[5] 
Within 360 days of receiving a notice of decommissioning, the Town shall determine whether the owner has satisfied the requirements of § PSC 128.19, Wis. Adm. Code.
(4) 
Application.
(a) 
Preapplication notice.
[1] 
At least 60 days before the owner files an application to construct a wind energy system, the owner shall use commercially reasonable methods to provide written notice of the planned wind energy system to all of the following:
[a] 
All adjacent landowners.
[b] 
The Town of West Bend Zoning Administrator.
[2] 
The owner shall include all of the following in the required notice:
[a] 
A complete description of the wind energy system, including the number and size of the planned wind turbines.
[b] 
A map showing the planned location of all wind energy system facilities.
[c] 
Contact information for the owner.
[d] 
A list of all potential permits or approvals the owner anticipates may be necessary for construction of the wind energy system.
[3] 
The owner shall make reasonable efforts to ascertain and accommodate any existing land uses or commercial enterprises located on an adjacent nonparticipating property.
[4] 
The owner shall design a wind energy system to reasonably minimize the conversion of land from agricultural use.
(b) 
Application and notice requirements.
[1] 
Application required. The owner shall file an application for a conditional use permit with the Town.
(c) 
Contents of application. The owner shall complete and file with the Town an application on a form provided by the Town that includes all of the following:
[1] 
Wind energy system description and maps showing the locations of all proposed wind energy facilities.
[2] 
Technical description of wind turbines and wind turbine sites.
[3] 
Timeline and process for constructing the wind energy system.
[4] 
Information regarding anticipated impact of the wind energy system on local infrastructure.
[5] 
Information regarding noise anticipated to be attributable to the wind energy system.
[6] 
Information regarding shadow flicker anticipated to be attributable to the wind energy system.
[7] 
Information regarding the anticipated effects of the wind energy system on parcels adjacent to the wind energy system.
[8] 
Information regarding the anticipated effects of the wind energy system on airports and airspace.
[9] 
Information regarding the anticipated effects of the wind energy system on line-of-sight communications.
[10] 
A list of all state and federal permits required to construct and operate the wind energy system.
[11] 
Information regarding the planned use and modification of roads within the Town during the construction, operation, and decommissioning of the wind energy system, including a process for assessing road damage caused by wind energy system activities and for conducting road repairs at the owner's expense.
[12] 
A representative copy of all notices issued under this section and §§ PSC 128.105(1)(a) and 128.42(1), Wis. Adm. Code.
[13] 
Any other information necessary to understand the construction, operation or decommissioning of the proposed wind energy system.
(d) 
Accuracy of information. The owner shall ensure that information contained in an application is accurate.
(e) 
Duplicate copies. The Town may specify a reasonable number of copies to be filed. Each copy shall include all worksheets, maps, and other attachments included in the application. The Town may permit the owner to file an application electronically.
(f) 
Notice to property owners and residents.
[1] 
On the same day the owner files an application for a wind energy system, the owner shall, under § 66.0401(4)(a)3, Wis. Stats., use commercially reasonable methods to provide written notice of the filing of the application shall be provided only to property owners and residents located adjacent to the small wind energy system, written notice of the filing of the application to property owners and residents located within one mile of the proposed location of any wind energy system facility. The notification shall include all of the following:
[a] 
A complete description of the wind energy system, including the number and size of the wind turbines.
[b] 
A map showing the locations of all proposed wind energy system facilities.
[c] 
The proposed timeline for construction and operation of the wind energy system.
[d] 
Locations where the application is available for public review.
[e] 
Owner contact information.
[2] 
After the Town receives an application for a wind energy system, the notice required to be published by the Town under § 66.0401(4)(a)1, Wis. Stats., shall include a brief description of the proposed wind energy system and its proposed location, the locations where the application is available for public review, the method and time period for the submission of public comments to the Town, and the approximate schedule for review of the application by the Town.
(g) 
Application completeness.
[1] 
Complete applications.
[a] 
An application is complete if it meets the requirements of this chapter and the filing requirements under §§ PSC 128.30(2) and 128.50(1), Wis. Adm. Code.
[b] 
The Town 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. An application is considered filed the day the owner notifies the Town in writing that all the application materials have been filed and the application fee has been paid. If the Town determines that the application is incomplete, the notice provided to the owner shall state the reasons for the determination.
[c] 
The owner may file a supplement to an application that the Town has determined to be incomplete. There is no limit to the number of times that the owner may refile an application. For incomplete applications, the owner shall provide additional information as specified in by the Zoning Administrator.
[d] 
An additional forty-five-day completeness review period shall begin the day after the Town receives responses to all items identified in the notice.
[e] 
If the Town does not make a completeness determination within the applicable review period, the application is considered to be complete.
[2] 
Requests for additional information. The Town may request additional information necessary to understand the wind energy system after determining that an application is complete. The owner shall provide additional information in response to all reasonable requests. The owner shall respond to all inquiries made subsequent to a determination of completeness in a timely, complete, and accurate manner.
(h) 
Accuracy of application. The owner shall certify that the information contained in the application is accurate. The Town may reject or deny the application if it contains false, misleading or inaccurate information.
(i) 
Town review.
[1] 
Written decision.
[a] 
The Town shall issue a written decision to grant or deny an application for a wind energy system. The written decision shall include findings of fact supported by evidence in the record. If an application is denied, the decision shall specify the reason for the denial.
[b] 
The Town shall provide its written decision to the owner and to the commission. The political subdivision shall provide the owner with a duplicate original of the decision.
[c] 
The owner shall record the duplicate original of a decision approving an application with the register of deeds for the county in which the wind energy system is located.
[2] 
Ownership change. Approval of a wind energy system remains in effect if there is a change in the owner of the wind energy system.
(j) 
Record of decision.
[1] 
Recordkeeping.
[a] 
The Town shall keep a complete written record of its decision-making relating to an application for a wind energy system.
[b] 
If the application is denied, the Town shall keep the record for at least seven years following the year in which it issues the decision.
[c] 
If the application is approved, the Town shall keep the record for at least seven years after the year in which the wind energy system is decommissioned.
[2] 
Record of contents. The record of a decision shall include all of the following:
[a] 
The approved application and all additions or amendments to the application.
[b] 
A representative copy of all notices issued under §§ PSC 128.105(1)(a), 128.30(5), and 128.42(1), Wis. Adm. Code.
[c] 
A copy of any notice or correspondence that the Town issues related to the application.
[d] 
A record of any public meeting under § PSC 128.30(6)(c), Wis. Adm. Code, and any hearing related to the application. The record may be an electronic recording, a transcript prepared from an electronic recording, or a transcript prepared by a court reporter or stenographer. The record shall include any documents or evidence submitted by meeting or hearing participants.
[e] 
Copies of any correspondence or evidentiary material that the Town considered in relation to the application, including copies of all written public comments filed under § PSC 128.30(6)(b), Wis. Adm. Code
[f] 
Minutes of any Town meetings held to consider or act on the application.
[g] 
A copy of the written decision under § PSC 128.32(3)(a), Wis. Adm. Code.
[h] 
Other materials that the Town prepared to document its decision-making process.
[i] 
A copy of any Town ordinance cited in or applicable to the decision.
(5) 
Modifications to an approved wind energy system.
(a) 
Material change.
[1] 
The owner may not make a material change in the approved design, location or construction of a wind energy system without the prior written approval of the Town that authorized the wind energy system, unless the political subdivision automatically approves the material change by taking either of the steps specified in § PSC 128.32(2)(b)1 or 2, Wis. Adm. Code.
[2] 
The owner shall submit an application for a material change to an approved wind energy system to the Town.
(b) 
Limited review.
[1] 
Upon receipt of an application for material change to an approved wind energy system, the Town shall consider only those issues relevant to the proposed change.
[2] 
An application for a material change is subject to §§ PSC 128.30(1), (3) to (5), (6)(a) and (b), and (7); and 128.31 to 128.34, Wis. Stats.
[3] 
An application for a material change shall contain information necessary to understand the material change.
[4] 
The Town shall hold a public meeting to obtain comments on and to inform the public about a proposed material change to an approved wind energy system.
(6) 
Complaint process.
(a) 
Making a complaint.
[1] 
An aggrieved person may make a complaint regarding failure by an owner to comply with an obligation under this chapter.
[2] 
A complaint shall be made first to the owner of the wind energy system pursuant to a complaint resolution process developed by the owner.
[3] 
A complainant may petition the Town for review of a complaint that is not resolved within 45 days of the day the owner receives the original complaint.
[4] 
The Town's decision is subject to review under § 66.0401(5), Wis. Stats.
B. 
Solar energy systems.
(1) 
Applicability.
(a) 
This subsection applies to solar energy systems, including photovoltaic and solar thermal systems, constructed after the effective date of the chapter.
(b) 
Any upgrade, modification, or structural change to a solar energy system constructed prior to the effective date of this chapter shall comply with the provisions of this chapter.
(2) 
Purpose. It is the purpose of this subsection to:
(a) 
Promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as a permitted accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.
(b) 
Oversee the permitting of solar energy systems.
(c) 
Preserve and protect the public health and safety without significantly increasing the cost or decreasing the efficiency of a solar energy system, per § 66.0401, Wis. Stats.
(3) 
Standards. The installation and operation of a solar energy system shall be subject to the following standards:
(a) 
Districts allowed. A solar energy system shall require a conditional use permit in all zoning districts as an accessory to a principal use.
(b) 
A solar energy system shall be constructed, installed, and operated in conformance with all applicable state and Town building codes, and in accordance with §§ 66.0401, 66.0403, 700.35, and 700.41, Wis. Stats.
(c) 
A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
(d) 
A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the Town acknowledging and approving such connection.
(e) 
Roof-mounted solar energy systems.
[1] 
A roof-mounted system may be mounted on a principal structure or accessory structure.
[2] 
A roof-mounted system, whether mounted on the principal structure or accessory structure, may not exceed the maximum principal structure height or accessory structure height specified for the building type in the underlying zoning district.
[3] 
In no instance shall any part of the solar energy system extend beyond the edge of the roof.
[4] 
A roof-mounted system must have a three-foot setback from the edge of the gutter and from the chimney.
[5] 
A roof-mounted system shall be located to ensure that any solar glare is directed away from adjacent properties and roads.
(f) 
Ground-mounted solar energy systems.
[1] 
A ground-mounted system shall not exceed the maximum building height for accessory structures.
[2] 
The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.
[3] 
A ground-mounted system or system attached to an accessory structure shall not be located within the required front yard setback.
[4] 
Solar panels shall be placed such that concentrated solar radiation or solar glare shall not be directed onto nearby properties or roadways.
[5] 
All exterior electrical and/or plumbing lines must be buried below the surface of the ground and placed in a conduit.
[6] 
A ground-mounted system shall be placed in the side and rear yard only and shall meet all setback and yard requirements for the district in which it is located.
(g) 
All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:
[1] 
Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other noninvasive plant species that provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of this chapter may be used.
[2] 
Mechanical equipment shall not be located within the street yard of the parcel.
[3] 
Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.
(h) 
No adjacent property owners shall be required to remove vegetation or structures that may block sunlight to the solar energy system during the initial installation of a system.
(i) 
A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the prevailing sign regulations.
(j) 
The design of the solar energy system shall conform to applicable industry standards. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization, and any such design shall be certified by an engineer registered in the State of Wisconsin.
(k) 
If a solar energy system is defective or is deemed to be unsafe by the Building Inspector, the solar energy system shall be required to be repaired by the owner to meet federal, state, and local safety standards, or be removed by the property owner within the time period allowed by the Plan Commission. If the owner fails to remove or repair the defective or abandoned solar energy system, the Town may pursue a legal action to have the system removed at the owner's expense.
C. 
Geothermal energy systems.
(1) 
Applicability.
(a) 
This subsection applies to geothermal energy systems constructed after the effective date of the chapter.
(b) 
Any upgrade, modification, or structural change to a geothermal energy systems constructed prior to the effective date of this chapter shall comply with the provisions of this chapter.
(2) 
Purpose. It is the purpose of this subsection to:
(a) 
Promote the safe, effective and efficient use of geothermal energy systems installed to reduce the on-site consumption of utility supplied energy as a permitted accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.
(b) 
Oversee the permitting of geothermal systems.
(c) 
Preserve and protect the public health and safety.
(3) 
Standards. The installation and operation of a geothermal energy system shall be subject to the following standards:
(a) 
Districts allowed. A geothermal energy system shall require a conditional use permit in all zoning districts.
(b) 
A geothermal energy system shall be constructed, installed, and operated in conformance with all applicable state and Town building codes, and in accordance with Ch. 280, Wis. Stats.
(c) 
A geothermal energy system shall conform to applicable industry standards including those of ANSI. Applicants shall submit certificate of compliance demonstrating that the system has been tested and approved by UL or other approved independent testing agency.
(d) 
Aboveground equipment shall comply with the setback requirements of the respective zoning district.
(e) 
Equipment, piping and devices shall not be located in any easement or right-of-way.
(f) 
Setbacks. Geothermal energy systems shall conform to all setbacks requirements for accessory structures and shall:
[1] 
Be set back a minimum of 75 feet between a vertical geothermal energy system and a personal on-site wastewater treatment system.
[2] 
Be set back a minimum of 25 feet between a horizontal geothermal energy system and a personal on-site wastewater treatment system.
[3] 
Not be located closer than 200 feet to a water well, except when the well is a private water system well and when the owner is the same for both the water well and the geothermal system, in which case the water well shall not be closer than 75 feet from the geothermal system.
D. 
Electric vehicle infrastructure.
(1) 
Purpose. The purpose of this subsection is to facilitate the use of electric vehicles and to expedite the establishment of a convenient, cost-effective electric vehicle infrastructure that such use necessitates.
(2) 
Permitted locations.
(a) 
Level-1 and Level-2 electric vehicle charging stations are a permitted use in every zoning district, except the C-1, C-2, and P-1 Districts, when accessory to the principal use. Such stations located at single-family dwellings shall be designated as private restricted use only.
(b) 
Level-1 and Level-2 electric vehicle charging stations require a conditional use permit in the C-1, C-2, and P-1 Districts.
(c) 
Level-3 electric vehicle charging stations are permitted in the B-1, B-2, and M-1 Districts, when accessory to the principal use.
[1] 
If the primary use of the parcel is the retail electric charging of vehicles, then the use shall be considered a gasoline service station for zoning purposes. Such a use shall be located in zoning districts that permit gasoline service stations and shall require a conditional use permit.
(3) 
General requirements for parking.
(a) 
An electric vehicle charging station space may be included in the calculation for any minimum required parking spaces.
(b) 
Public electric vehicle charging stations are reserved for parking and charging electric vehicles only.
(c) 
Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(4) 
Lighting. Site lighting shall be provided where an electric vehicle charging station is installed, unless charging is for daytime purposes only.
(5) 
Equipment standards and protection.
(a) 
Battery charging station outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the surface where mounted. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards on sidewalks.
(b) 
Adequate battery charging station protection, such as concrete-filled steel bollards, shall be used. Curbing may be used in lieu of bollards, if the battery charging station is set back a minimum of 24 inches from the face of the curb.
(c) 
The property owner is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to visitors of the property.
(6) 
Usage fees. Information shall be posted identifying voltage and amperage levels and any time of use, fees, or safety information related to the electric vehicle charging station.
(7) 
Signage.
(a) 
Each electric vehicle charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. For purposes of this subsection, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment. Restrictions shall be included on the signage, if removal provisions are to be enforced by the property owner.
(b) 
When a sign provides notice that a parking spaces a publicly designated electric vehicle charging station, no person shall park or stand any nonelectric vehicle in a designated electric vehicle charging station space. Further, no person shall park or stand an electric vehicle in a publicly designated electric vehicle charging station space when not electrically charging or parked beyond the days and hours designated on the regulatory signs posted. For purposes of this subsection, "charging," means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.
(c) 
Maintenance. Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning or other problems are encountered.
E. 
Earth sheltered structures. Structures which are built partially or totally into the ground for the purpose of using the insulating value of the soil to conserve energy may be permitted in any residential district. This subsection does not include conventional homes with exposed basements, split-levels or similar types of construction. In addition, the following information requirements and standards shall apply:
(1) 
Application. Applications for the construction of an earth sheltered structure shall be accompanied by all of the information required to obtain a building permit with special attention to be given to the bearing strength of the structure, provision of proper drainage for sanitary, storm and groundwater and wastes, proper ventilation, grading of the lot and its effect on adjacent properties, proper exit availability and exterior renderings of the structures to determine its visual effect on adjacent structures. Such standards shall be certified by a registered engineer or architect.
(2) 
Construction. Earth sheltered structures shall be constructed in conformance with all applicable state and local building and zoning codes. A registered engineer or architect shall certify that the design of the structure is in conformance with all applicable state and local codes.
A. 
Purpose. The purpose of this section is to regulate by conditional use permit:
(1) 
The siting and construction of any new mobile service support structure and facilities.
(2) 
With regard to a Class 1 co-location, the substantial modification of an existing support structure and mobile service facilities.
(3) 
With regard to a Class 2 co-location, co-location on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
B. 
Authority. The Town Board has the specific authority under §§ 60.61 and 66.0404, Wis. Stats., to adopt and enforce this chapter.
C. 
Definitions. All definitions contained in § 66.0404(1), Wis. Stats., are hereby incorporated by reference.
D. 
Siting and construction of any new mobile service support structure and facilities.
(1) 
Application process.
(a) 
A conditional use permit is required for the siting and construction of any new mobile service support structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the Town obtainable with this permit.
(b) 
A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
[1] 
The name and business address of, and the contact individual for, the applicant.
[2] 
The location of the proposed or affected support structure.
[3] 
The location of the proposed mobile service facility.
[4] 
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
[5] 
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.
[6] 
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(c) 
A permit application will be provided by the Town upon request to any applicant.
(d) 
If an applicant submits to the Town an application for a permit to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Town shall consider the application complete. If the Town does not believe that the application is complete, the Town 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) 
Within 90 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town 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 Chapter 118, Building Construction, Article I, Building Code, and, subject to the limitations in this section, this Chapter 325, Zoning.
[2] 
Make a final decision whether to approve or disapprove the application.
[3] 
Notify the applicant, in writing, of its final decision.
[4] 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(f) 
The Town may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under § 325-97D(1)(b)[6] above.
(g) 
If an applicant provides the Town with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in this chapter, the chapter does not apply to such a structure unless the Town provides the applicant with substantial evidence that the engineering certification is flawed.
(2) 
The fee for the permit shall be as established in the current fee schedule, on file in the Town offices, as amended from time to time by the Town Board, and payable upon submittal of a complete application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
E. 
Class 1 co-location.
(1) 
Application process.
(a) 
A conditional use permit is required for a Class 1 co-location.
(b) 
An application for a conditional use permit must be completed by any applicant and submitted to the Town. The application must contain the following information:
[1] 
The name and business address of, and the contact individual for, the applicant.
[2] 
The location of the proposed or affected support structure.
[3] 
The location of the proposed mobile service facility.
[4] 
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
[5] 
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.
[6] 
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider:
(c) 
A permit application will be provided by the Town upon request to any applicant.
(d) 
If an applicant submits to the Town an application for a permit to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Town shall consider the application complete. If the Town does not believe that the application is complete, the Town 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) 
Within 90 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town 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 Chapter 118, Building Construction, Article I, Building Code, and, subject to the limitations in this section, this chapter.
[2] 
Make a final decision whether to approve or disapprove the application.
[3] 
Notify the applicant, in writing, of its final decision.
[4] 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(f) 
The Town may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under § 325-97E(1)(b)[6] above.
(g) 
If an applicant provides the Town with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in this chapter, the chapter does not apply to such a structure unless the Town provides the applicant with substantial evidence that the engineering certification is flawed.
(2) 
The fee for the permit shall be as established in the current fee schedule, on file in the Town offices, as amended from time to time by the Town Board, and payable upon submittal of a complete application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
F. 
Class two co-location.
(1) 
Application process.
(a) 
A conditional use permit is required for a Class 2 co-location. A Class 2 co-location is a permitted use in the Town but still requires the issuance of the conditional use permit.
(b) 
An application must be completed by any applicant and submitted to the Town. The application must contain the following information:
[1] 
The name and business address of, and the contact individual for, the applicant.
[2] 
The location of the proposed or affected support structure.
[3] 
The location of the proposed mobile service facility.
(c) 
A permit application will be provided by the Town upon request to any applicant.
(d) 
A Class 2 co-location is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject as per the Town Code.
(e) 
If an applicant submits to the Town an application for a permit to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Town shall consider the application complete. If any of the required information is not in the application, the Town shall notify the applicant in writing within five days of receiving the application that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(f) 
Within 45 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree in writing to an extension of the forty-five-day period:
[1] 
Make a final decision whether to approve or disapprove the application.
[2] 
Notify the applicant, in writing, of its final decision.
[3] 
If the application is approved, issue the applicant the relevant permit.
[4] 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(2) 
The fee for the permit shall be as established in the current fee schedule, on file in the Town offices, as amended from time to time by the Town Board, and payable upon submittal of a complete application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
G. 
Violations and penalties. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this section shall, upon conviction, be subject to a forfeiture of $100 for the first offense, $250 for the second offense, and $500 for the third offense, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this section. In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A. 
Districts allowed. Notwithstanding any other provision of this chapter, bees may be kept in the R-1N, R-1R, and R-1S Districts upon approval of a keeping of bees license.
B. 
Standards. The keeping of bees shall comply in all respects with the following:
(1) 
No bees shall be intentionally kept and maintained other than mason bees or honeybees.
(2) 
No hive shall exceed 20 cubic feet in volume.
(3) 
An ever-present supply of water shall be provided for all hives.
(4) 
The Town Clerk shall be notified immediately if a hive swarms. The owner is responsible for tracking and managing the swarm and notifying affected landowners.
(5) 
On residential lots:
(a) 
No more than two hives may be kept on a residential zoning lot.
(b) 
Hives shall not be located on vacant lots.
(c) 
Hives shall be located in the back or rear yard in a sunny location.
(d) 
No hive shall be located closer than 10 feet from any property line of a residential district lot.
(e) 
No hive shall be located closer than 10 feet from a public sidewalk or 25 feet from a principal structure on an abutting lot in different ownership.
(f) 
The area around the hive(s) shall be kept clean of hive scrapings to avoid attracting wasps, nuisance insects, and animals.
(g) 
Signage shall be posted informing that bees are kept on the property. Such signage shall conform to the following:
[1] 
Signs shall be no smaller than seven inches by 10 inches and printed in a font size clearly legible to the general public.
[2] 
Signs shall be placed at locations visible to all adjoining parcels.
[3] 
Signs shall be posted to a fence or semipermanent post at a height no lower than four feet and no higher than six feet.
[4] 
Signs shall be made of aluminum, heavy-duty plastic, or vinyl laminate.
[5] 
Signs shall be composed of black writing on a yellow background.
[6] 
Signs shall include the words 'Caution' or 'Warning' in large block letters at the top and "Bees," "Honeybees," "Beehives," or similar below.
(h) 
A flyway barrier at least six feet in height shall shield any part of a property line of a lot in different ownership that is within 25 feet of a hive. The flyway barrier must effectively direct bees to fly up and over the barrier when flying in the direction of the barrier. The flyway barrier shall consist of a wall, fence, dense vegetation, or combination thereof, and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
C. 
License required.
(1) 
An "Application for License: Keeping of Bees" shall be completed and submitted to the Town Clerk.
(a) 
The application shall include a diagram describing the location of the hive(s) in relationship to lot boundaries.
(b) 
The license shall be issued only to the primary owner(s) of record of a residence located in the designated residential districts.
(c) 
The property owner/licensee shall reside on the premises regulated by the license.
(d) 
The keeping of bees for commercial purposes or for any activity or purpose not related to the personal purpose of the license holder, including the commercial sale of honey or other materials related to the keeping of bees, shall be prohibited.
(e) 
The license shall include the standards described in Subsection B above.
(f) 
The license shall be approved by the Plan Commission and issued by the Zoning Administrator.
(2) 
Revocation. A license may be revoked by the Plan Commission for failure to comply with any of the provisions of this section.
(3) 
Once revoked, a license shall not be reissued for a two-year period.
(4) 
Any applicant whose application has been denied or license has been revoked under the provisions of this chapter shall have the right to appeal said denial.
(5) 
Any license holder who has his/her license revoked must properly remove the hive(s) from the subject property within 96 hours of revocation or decision on appeal.
A. 
Districts allowed. Notwithstanding any other provision of this chapter, backyard chickens may be kept in the R-1N, R-1R, and R-1S Districts upon approval of a backyard chicken license.
B. 
Standards. The keeping of backyard chickens shall comply in all respects with the following:
(1) 
General.
(a) 
No more than four chickens may be kept.
(b) 
The keeping of roosters is prohibited.
(c) 
Chickens raised and kept on the property for food shall not be slaughtered in view of adjoining properties.
(d) 
Any henhouse and outdoor run that is abandoned or its use discontinued for the keeping of chickens for a period of 365 consecutive days shall be removed from the premises by the property owner.
(e) 
Modifications of a henhouse and outdoor run for some other use is prohibited.
(2) 
Enclosure requirements and prohibitions.
(a) 
Chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times.
(b) 
The enclosure shall be a predator-proof, rodent-resistant, insulated structure that is adequately ventilated to allow free movement of the fowl.
(c) 
The size of the henhouse shall provide a minimum of three square feet per chicken.
(d) 
The structure shall not be greater than 100 square feet in size.
(e) 
The maximum height of the enclosure, including the area of a covered run, shall not exceed six feet.
(f) 
The construction of the enclosure shall utilize a building design and materials suitable for a residential district.
(g) 
The enclosure must include a floor.
(h) 
The use of dilapidated corrugated metal, dilapidated sheet metal, plastic, polymer or tarp-type material, pallets, scrap materials and/or similar materials shall be prohibited.
(i) 
The reuse of storage containers, vehicles or parts thereof, and similar objects for a henhouse/run are prohibited.
(3) 
Location.
(a) 
The enclosure housing chickens shall be located at least 25 feet from any residential structure on an adjacent lot.
(b) 
No henhouse or outdoor run shall be located within 15 feet of any side or rear lot line, and/or sited to obstruct an existing drainagecourse or create a drainage problem for the property on which it is situated or for any neighboring property.
(c) 
No henhouse shall be located within the street yard or primary street yard on a corner lot or double frontage lot.
(4) 
Level of care.
(a) 
Chickens shall be kept in a sanitary condition, be provided with fresh water and adequate amounts of food at all times.
(b) 
Chickens shall be secured within a henhouse during nondaylight hours.
(c) 
Chickens may not roam free outside of a henhouse or enclosed run, or roam off of the permitted property. A dog, cat, or other domesticated animal that kills a chicken off of the permitted property shall not, for that reason alone, be considered a dangerous or aggressive animal.
(d) 
All chicken waste shall be properly disposed of in a timely manner.
C. 
License required.
(1) 
An "Application for License: Backyard Chickens" shall be completed and submitted to the Town Clerk.
(a) 
The application shall include a diagram describing the location of the henhouse(s) in relationship to lot boundaries.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(b) 
The license shall be issued only to the primary owner(s) of record of a residence located in the designated residential districts.
(c) 
The property owner/licensee shall reside on the premises regulated by the license.
(d) 
A license shall be issued only to the primary owner(s) of record of a residence located in the designated residential districts.[1]
[1]
Editor's Note: Original Sec. 17.11.15.C.1.e., which immediately followed this subsection and contained identical provisions to § 325-99C(1)(c), was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(e) 
The propagation of chickens for commercial purposes or for any activity or purpose not related to the personal purpose of the license holder, including fertilizer production and/or the sale of eggs, shall be prohibited.
(f) 
The license shall include the standards described in Subsection B above.
(g) 
The license shall be approved by the Plan Commission and issued by the Zoning Administrator.
(2) 
Revocation. A license may be revoked by the Plan Commission for failure to comply with any of the provisions of this section.
(a) 
Once revoked, a license shall not be reissued for a two-year period.
(b) 
Any applicant whose application has been denied or license has been revoked under the provisions of this chapter shall have the right to appeal said denial.
(c) 
Any license holder who has his/her license revoked must properly remove the chickens and henhouse/run from the subject property within 96 hours of revocation or decision on appeal.
D. 
Registration required. The owner, operator, or tenant shall register the premises where chickens are kept with the Wisconsin Department of Agriculture, Trade and Consumer Protection as required by state law and maintain such registration for so long as may be required.
A. 
Fences. Fences and walls are subject to the provisions of this section.
B. 
Height. The height of fences and walls shall be measured at grade.
(1) 
Residential zoning districts.
(a) 
The maximum height of a fence or wall within required side and rear setbacks in a residential zoning district shall not exceed six feet.
(b) 
Fences around pools shall not exceed eight feet.
(c) 
The maximum height of a solid fence or wall within a required street yard or primary street yard setback shall not exceed three feet.
(d) 
A fence located in a required street yard or primary street yard setback may be increased to a maximum height of four feet if open, decorative, ornamental fencing materials that are less than 50% opaque are used or to a maximum height of five feet if open, decorative, ornamental fencing materials that are less than 20% opaque are used.
(2) 
Nonresidential zoning districts.
(a) 
The maximum height of a fence or wall shall not exceed eight feet except in required street yard and primary street yard setbacks where the maximum height of a solid fence or wall shall not exceed three feet.
(b) 
A fence located in a required street yard or primary street yard setback may be increased to a maximum height of four feet if open, decorative, ornamental fencing materials that are less than 50% opaque are used or to a maximum height of five feet if open, decorative, ornamental fencing materials that are less than 20% opaque are used.
(3) 
Schools. There is no maximum height for fences around schools.
(4) 
Boundary fence. A boundary fence or wall shall not be more than six feet in height in residential districts and not more than 12 feet in commercial and industrial districts, except that hedges, shrubbery, tree lines, and other such natural barriers may grow to their natural height. No boundary fence or wall, including a hedge or row planting, shall be permitted in excess of three feet in height between the street yard or primary street yard setback line and the abutting lot lines.
(a) 
In the case of grade separation, such as the division of properties by a retaining wall, fence height shall be determined based on measurement from the average point between highest and lowest grade.
(5) 
Sound barrier/privacy fence or wall on a roadway. A sound barrier/privacy fence or wall constructed in a board-to-board or stone, masonry or brick and mortar style may be erected that prevents sound penetration and decreases the noise levels along the back or side lot line of a residential property abutting an arterial or collector street that has access restrictions and that is posted at no more than 45 miles per hour, shall not exceed eight feet in height.
C. 
Setback from property line.
(1) 
Residential districts. Fences in residential districts shall be set back no less than one foot from the property line.
(2) 
Nonresidential districts. Fences in nonresidential districts shall be set back no less than two feet from the property line.
D. 
Materials and construction.
(1) 
Barbed wire fences, electrical fences, and single, double, and triple strand fences are prohibited except on farms existing at the time of adoption of this chapter.
(a) 
Fences on farms adjoining residential parcels must be screened by a non-electric fence with no less than two feet of space separating the fences. The owners of any adjoining residential parcel shall be notified in writing prior to the construction or installation of an electric fence.
(2) 
For all zoning districts, fence material must be either naturally resistant or treated wood board, vinyl, galvanized and/or vinyl coated chain link material, wrought iron, brick, natural stone, masonry, or other material as approved by the Plan Commission. Chain link fence slats are subject to the provisions of this chapter.
(3) 
Fences and walls located in the street yard or primary street yard must be made of materials such as wood, brick, vinyl or stone.
(4) 
The finished side of the fence shall be erected to face the adjoining property. The side with protruding studs or posts shall face the building of the lot responsible for the erection of the fence.
E. 
Exceptions. Protective security and boundary fences on industrial sites, publicly owned lands or semiprivate lands such as places of worship, educational institutions, utility substations, etc., are excluded from the provisions of this section, except that where such fences incorporate the use of barbed wire, such barbed wire shall not be less than seven feet above the ground level, and except such fences shall be a minimum of two-thirds open to vision equally distributed throughout the fence length, and maintain allowable height when located within the defined vision corner.
F. 
Setback. No fence in a residential district shall extend closer than five feet to or from a road right-of-way nor extend closer than one foot from a side or back yard property line.
G. 
Maintenance. Both the fence and the property surrounding both sides of the fence shall be properly maintained in good repair to structure and appearance at all times.
H. 
Permit required. A site plan permit or amendment to existing site plan permit is required for all fences in all districts, except for temporary seasonal fences (e.g., snow fences).
A. 
Applicability.
(1) 
This section applies to all amateur radio towers installed after the effective date of this chapter.
(2) 
Any upgrade, modification, or structural change to an antenna or its support structure constructed prior to the effective date of this chapter that materially alters the size, placement, or appearance of the system shall comply with the provisions of this chapter.
B. 
Purpose. The purpose of this section is to recognize and accommodate the federal and state declared interest in promoting and preserving amateur radio operations while protecting the legitimate interests of the general public, including:
(1) 
Minimizing the unnecessary detriment to the aesthetic quality of the Town and its landscape.
(2) 
Preserving the character of various neighborhoods within the Town.
(3) 
Preserving the values of properties within the Town.
(4) 
Providing for adequate review of designs and installation of facilities that may pose substantial risk of collapse if improperly designed, installed, or maintained.
(5) 
Protecting the owner and operator of an amateur radio antenna and neighboring property owners and the public in general from unreasonable risks of injury or property damage from the collapse of a communications tower or communications antenna or from electrical charges generated or conducted by such facilities.
(6) 
Assuring that all amateur radio operators have a reasonable opportunity to construct and maintain the equipment and facilities necessary to effectively participate in amateur radio operations.
C. 
Standards. The installation and operation of an amateur radio tower and its antenna and support structure shall be subject to the following standards:
(1) 
Compliance. The amateur radio tower and the operation of the amateur radio service using such antenna shall at all times be maintained in compliance with the applicable regulations and permit conditions issued by the Federal Communications Commission.
(2) 
Districts allowed. An antenna and its support structure shall require a conditional use permit in all residential zoning districts.
(3) 
Structure.
(a) 
The antenna and its support structure are accessory to the principal structure.
(b) 
Not more than one support structure for licensed amateur radio operator shall be allowable on the parcel.
(c) 
The antenna shall not exceed 70 feet in height above grade measured at the center point of the highest part of the antenna or mast.
(d) 
An amateur radio tower and its antenna exceeding 70 feet in height above grade measured at the center point of the highest part of the antenna or mast shall require a conditional use permit.
(4) 
Location.
(a) 
An amateur radio tower, including its antenna and support structure, that is designed, engineered, and constructed to fall within the boundaries of the parcel upon which it is sited, including those attached to the principal structure, shall comply with the side yard and rear yard setbacks for accessory structures in zoning district within which it is located.
(b) 
All other amateur radio towers, including associated antenna and support structures, shall be set back a distance equal to 100% of its total height, as defined in § 325-101C(3)(c) above, from:
[1] 
Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road.
[2] 
Any overhead utility lines, unless written permission is granted by the affected utility.
[3] 
Any property lines, unless written permission is granted from the affected landowner or neighbor.
(c) 
The amateur radio tower, including its antenna and support structure, shall be located within the rear yard or secondary street yard on a double frontage lot and shall not be located within any required setback.
(5) 
Access.
(a) 
All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
(b) 
All electrical wires associated with the amateur radio tower and its antenna and support structure shall be located underground.
(c) 
Anti-climbing measures shall be incorporated into the amateur radio tower and its antenna and support structure as needed, to reduce potential for trespass and injury.
(6) 
Lighting. The amateur radio tower and its antenna and support structure shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(7) 
Appearance, color, and finish. The amateur radio tower and its antenna and support structure shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless approved in the building permit. The support structure shall comply with the same requirements as accessory structures in the zoning district.
D. 
Waiver of standards. If effective communications cannot be obtained when facilities are in compliance with the regulations set forth herein, the Zoning Administrator may permit a waiver from the height and location requirements of this section.
(1) 
The waiver request shall:
(a) 
Provide technical evidence in the form of a report from a licensed professional engineer familiar with amateur radio operations, or an extra class licensed amateur radio operator other than the owner, that effective communications cannot be obtained by facilities in compliance with the standards.
(b) 
Document the minimum reasonable accommodation, in the form of a waiver from this article, required in order to permit effective communications.
A. 
Districts allowed. A "garage, off-site residential" is permissible in the R-1S Shoreland Residential District upon approval of a conditional use permit.
B. 
Applicability.
(1) 
This section applies to a detached accessory structure (garage) located on a garage lot associated with a parent parcel.
(2) 
Each lot shall be under common ownership.
(3) 
The parent parcel shall be a lakefront lot.
C. 
Purpose.
(1) 
There are preexisting residential lakefront lots in the Town that are too small or too narrow to allow for the construction of a garage.
(2) 
Necessity dictates that special provisions should be made to allow the construction of an off-site garage so long as all of the standards in this section are met.
D. 
Standards.
(1) 
An off-site residential garage may be established on a garage lot as long as all of the following apply:
(a) 
The garage lot fully fronts the road providing access to the lakefront lot.
(b) 
The garage lot is located on the opposite side of road from the lakefront lot.
(c) 
Some portion of the road frontage of the garage lot coincides with the road frontage of the lakefront lot.
(2) 
Although an off-site garage is the only building permitted on a lot hosting this use, it is considered an accessory structure to the principal structure on the parent parcel, and shall comply with the requirements of § 325-15B of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(3) 
A lakefront lot shall not be associated with more than one off-site residential garage.
(4) 
The floor area of the off-site residential garage shall comply in all respects with the requirements of § 325-28F as it applies to the combined area maximum for all accessory structures on the garage lot and parent parcel.
(5) 
No items or material of any kind shall be stored out of doors on a lot with an off-site residential garage.
(6) 
No additional accessory structures may be located on a lot with an off-site residential garage.
E. 
Deed restriction required. Prior to approval of a conditional use permit and the issuance of a building permit, the property owner shall file an agreement and deed restriction with the Register of Deeds for Washington County, as approved by the Zoning Administrator, that prohibits the sale of the lot with the off-site residential garage separately from the lakefront lot to which it is associated (i.e., both lots must be sold together) and that such restriction remain in perpetuity.
A. 
Commercial incubators.
(1) 
Districts allowed. An "incubator: commercial" is permissible in the B-1 Commercial/Mixed-Use District and B-2 Commercial/Mixed-Use District upon approval of a conditional use permit.
(2) 
Applicability. This subsection applies to commercial incubators. See Subsection B of this section for manufacturing incubators.
(3) 
Purpose. It is the purpose of this subsection to:
(a) 
Promote opportunities for small and expanding commercial businesses.
(b) 
Support entrepreneurs and grow the economy of the Town of West Bend.
(c) 
Oversee the permitting of commercial incubators.
(d) 
Preserve and protect the public health and safety.
(4) 
Standards.
(a) 
Commercial incubators may be a principal structure or use or accessory to a principal structure or use.
(b) 
Allowable uses.
[1] 
Any use listed as a permitted use or conditional use in the B-1 District or B-2 District may be potentially permissible within the same district.
[2] 
Uses deemed by the Plan Commission to be incompatible with the principal use, as applicable, shall be prohibited.
[3] 
All uses, unless otherwise approved by the Plan Commission, shall be conducted entirely within a building.
(c) 
Dimensional and design standards.
[1] 
Commercial incubators approved as a principal use and/or structure shall conform to the requirements for principal structures and uses in the B-1 or B-2 District, as applicable.
[2] 
Commercial incubators approved as an accessory use and/or structure shall conform to the requirements for accessory uses and structures in the B-1 District. The exterior materials of a commercial incubator when accessory to a principal structure shall be substantially the same in appearance and use substantially the same materials as the principal structure.
B. 
M-1 Manufacturing incubators.
(1) 
Districts allowed. An "incubator: manufacturing" is permissible in the M-1 Manufacturing District upon approval of a conditional use permit.
(2) 
Applicability. This subsection applies to manufacturing incubators. See Subsection A of this section for commercial incubators.
(3) 
Purpose. It is the purpose of this subsection to:
(a) 
Promote opportunities for small and expanding light industrial businesses.
(b) 
Support entrepreneurs and grow the economy of the Town of West Bend.
(c) 
Oversee the permitting of commercial incubators.
(d) 
Preserve and protect the public health and safety.
(4) 
Standards.
(a) 
Manufacturing incubators may be a principal structure or use or accessory to a principal structure or use.
(b) 
Allowable uses.
[1] 
Any use listed as a permitted use or conditional use in the M-1 District may be potentially permissible.
[2] 
Uses deemed by the Plan Commission to be incompatible with the principal use, as applicable, shall be prohibited.
[3] 
Uses deemed by the Plan Commission to be incompatible with an existing use within the same incubator, even if such a use is nonadjoining, shall be prohibited.
[4] 
All uses, unless otherwise approved by the Plan Commission, shall be conducted entirely within a building.
[5] 
Corporate and administrative offices not ancillary to the principal use are prohibited.
(c) 
Dimensional and design standards.
[1] 
Manufacturing incubators approved as a principal use and/or structure shall conform to the requirements for principal structures and uses in the M-1 District.
[2] 
Manufacturing incubators approved as an accessory use and/or structure shall conform to the requirements for accessory uses and structures in the M-1 District. The exterior materials of a manufacturing incubator when accessory to a principal structure shall be substantially the same in appearance and use substantially the same materials as the principal structure.