The lawful nonconforming use of a structure, land, or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter; however:
A. 
Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter.
B. 
Total lifetime structural repairs or alterations shall not exceed 50% of the market value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
C. 
Substitution of new equipment may be permitted by the Board of Zoning Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A. 
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy, or other calamity, to the extent of more than 50% of its current market value, it shall not be restored, except so as to comply with the use provisions of this chapter.
B. 
Pursuant to § 62.23(7)(hc), Wis. Stats., and notwithstanding any other provision of this chapter, a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored to, or replaced at, the size, location, and use that it had immediately before the damage or destruction occurred, and no limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.
The lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter; however, it shall not be extended, enlarged, reconstructed, moved, or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter.
Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Board of Zoning Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board of Zoning Appeals.
A. 
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the County Register of Deeds Office before the effective date or amendment of this chapter.
B. 
Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If in separate ownership, all the district requirements shall be complied with insofar as practical, but shall not be less than the following, except where the Department of Safety and Professional Services requires more:
(1) 
Lot.
(a) 
Width: Minimum 60 feet.
(b) 
Area: Minimum 12,000 square feet.
(2) 
Building.
(a) 
Area: Minimum 1,000 square feet.
(b) 
Height: Maximum 35 feet.
(3) 
Yards.
(a) 
Street: See § 335-79, Special setbacks.
(b) 
Rear: Minimum 25 feet.
(c) 
Side: Minimum not less than eight feet.
C. 
If a substandard lot was created by a transfer of any kind from abutting lands, this section shall not apply.
No buildings or other structure that is devoted in whole or in part to a nonconforming use shall be moved, in whole or in part for any distance whatever, to any other lot unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located after being so moved. Moreover, no nonconforming use of land shall be moved, in whole or in part for any distance whatever, to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.
A. 
Purpose. The uses of land, buildings, and other structures permitted in each district are determined by the list of permitted uses for such district. In addition to such listed permitted uses, it is customary to allow certain accessory uses. This section defines generally the types of accessory and temporary uses that will be allowed and gives certain specific examples of each.
B. 
General permitted uses. Accessory uses are permitted in any district in connection with any use which is permitted within such district. An accessory use is a building or use which:
(1) 
Is subordinate to and serves a principal building or a principal use;
(2) 
Is subordinate in area, extent, or purpose to the principal building or principal use served;
(3) 
Contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served;
(4) 
Is located on the same premises as the principal building or principal use served.
C. 
Specific regulations. An accessory building or accessory use includes, but is not limited to the following; provided, however, that all accessory buildings and accessory uses must also be incidental to the main building or the dominant use of the premises and be located on the same premises and be in compliance with applicable district regulations:
[Amended 9-15-2020 by Ord. No. 09152020]
(1) 
Private one-story garage, carport and all accessory use structures shall not exceed the following limitations:
(a) 
For a single-family residence on lots or parcels of less than two acres: all garage and accessory use structures shall not exceed a total of 1,500 square feet.
(b) 
For a single-family residence on lots or parcels of two acres or greater but less than five acres: all garage and accessory use structures shall not exceed a total of 2,250 square feet.
(c) 
For a single-family residence on lots or parcels of five acres or greater: all garage and accessory use structures shall not exceed a total of 3,000 square feet.
(d) 
The Town Board may approve accessory use structures that exceed the limitations provided above by conditional use permit pursuant to the procedure and standards set forth in Article VI, Conditional Uses.
(e) 
For a multifamily residence, all garages and accessory use structures shall not exceed 600 square feet per unit.
[Added 11-8-2023 by Ord. No. 110723]
(2) 
Sheds and storage structures.
[Amended 11-8-2023 by Ord. No. 110723]
(a) 
A shed or storage structure that is stick built, not prefabricated or plastic, will require a building permit. The shed will need a site plan, building plans, and building permit. The shed will need a floor and be anchored.
(b) 
Sheds or storarge structures to be used for vehicle storage shall be constructed on a grade beam four-inch concrete slab. The requirements of Ch. SPS 321, Wis. Adm. Code, apply and will need a site plan, building plans and building permit.
(c) 
Plastic and prefabricated sheds or storage structures that have a floor and are on skids shall be anchored and placed on a hard surface, such as gravel, crushed stone patio block or concrete. Plastic and prefabricated sheds or storage structures require a site plan, renderings and a zoning permit. No building permit is required. Plastic sheds will not be included in allowed accessory use per parcel.
(d) 
Structures which have less than fifty cubic feet (five feet length by five feet width by two feet height) of interior space are exempt from the requirements of this subsection.
(3) 
Private swimming pools and bathhouses require permits and are included in allowed accessory use.
[Amended 11-8-2023 by Ord. No. 110723]
(4) 
A gazebo or covered deck constructed on-site and attached to the house principal structure shall be properly anchored and a building permit is required. Prefabricated or freestanding gazebos no attached to the house or principal structure shall be properly anchored to a base and will require a zoning permit. Prefabricated and freestanding gazebos will not be included in the allowed accessory use per parcel.
[Amended 11-8-2023 by Ord. No. 110723]
(5) 
Statuary arbors, trellises, barbecue stoves, flagpoles, retaining walls and hedges do not require a building permit. All aboveground accessory uses, except fences, shall require a five-foot setback from all property lines.
[Amended 11-8-2023 by Ord. No. 110723]
(6) 
Outdoor storage, except as specifically permitted by the district regulation, is prohibited.
[Amended 11-8-2023 by Ord. No. 110723]
D. 
Bulk regulations. All accessory uses shall comply with the bulk regulations of the district in which they are located, except the following are permitted in all yards: open terraces not covered four feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch, awnings and canopies; steps four feet or less above grade, which are necessary for access to a permitted building or for access to a lot from a street or alley; one-story bay windows and overhanging eaves and gutters projecting 30 inches or less into the yard; chimney projections 30 inches or less into the yard; arbors and trellises; flagpoles, signs, recreation and laundry drying equipment; lights, pillars, planters, posts, fountains and other water features, provided they are set back at least two feet from the property line.
[Amended 3-21-2006]
E. 
Standards. All accessory uses shall comply with all standards applicable to the district in which they are located, and with the following additional standards:
(1) 
No accessory building or structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal building to which it is accessory.
(2) 
No part of any accessory building shall be located closer than five feet from any side or rear property line, nor closer than 10 feet to any main building, unless it is attached to or forms a part of such main building.
(3) 
No accessory use shall be permitted in any required front yard unless it is a permitted obstruction within the meaning of § 335-99D above.
(4) 
Garage or carport shall not exceed 20 feet in height.
F. 
Conditional use permit. A conditional use permit may be issued pursuant to Article VI, Conditional Uses, allowing a two-story garage or carport.
(1) 
Said permit may be issued upon compliance with all the requirements of this chapter, including the particular district said lands are located in and of this section and Article VI, Conditional Uses.
(2) 
Said permit may, among other things, restrict the use of construction material of the requested accessory structure (see § 335-54).
(3) 
Failure to comply with the restrictions of any conditional use permit issued under this chapter may result in the termination of the permit and removal of the structure and other improvements associated therewith, in addition to any penalties provided by law.
(4) 
All other provisions of this chapter shall be observed with the granting of a conditional use permit, including height limitations of each district.
[Amended 11-19-2002 by Ord. No. 2000/01]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ABOVEGROUND POOL-TYPE O
A removable pool of any shape that has a minimum water depth of 36 inches and maximum water depth of 48 inches. The wall is located on the surrounding earth and may be readily dissembled or stored and reassembled to its original integrity.
HOT TUB
A spa constructed of wood with sides and bottoms formed separately, joined together by pressure from surrounding hoops, bands or rods, as distinct from spa units formed of plastic, concrete, metal or other materials.
IN-GROUND POOL
A permanently installed swimming pool that is constructed in the ground, out of doors or in a building in such a manner that it cannot be readily dissembled for storage.
ON GROUND RESIDENTIAL SWIMMING POOL-TYPE O
A removable pool package whose walls rest fully on the surrounding earth and has an excavated area below the ground level, where diving, diving equipment and use of a water slide are prohibited. The floor slope adjacent to the shallow area shall have a maximum floor slope of 1:3, and the slope adjacent to the sidewalk shall have a maximum slope of 1:1.
SPA, PERMANENT RESIDENTIAL
A spa in which the water-heating and water-circulating equipment is not an integral part of the product. The spa shall be intended as a permanent plumbing fixture.
SPA, RESIDENTIAL PORTABLE
(1) 
SELF-CONTAINED SPAA spa in which all control, water heating and water circulating equipment is an integral part of the product.
(2) 
NON-SELF-CONTAINED SPAA spa in which the water heating and water circulating equipment is not an integral part of the product. Non-self-contained spas may contain separate components, such as an individual filter, pump, heater and controls, or they may employ assembled combinations of various components.
SWIMMING POOL, IN-GROUND RESIDENTIAL
A constructed pool, permanent or nonportable, that is intended for noncommercial use as a swimming pool by not more than three owner families and their guests, over 24 inches in depth, has a surface area exceeding 250 square feet and/or a volume over 3,250 gallons.
TYPE O
Any residential pool where the installation of diving equipment is prohibited.
B. 
Permit required. No in-ground pool oor on-ground residential swimming pool, as defined above, shall be constructed, altered, remodeled or improved unless a permit therefor shall first be obtained from the Building Inspector.
C. 
Submission of plans. Plans and specifications for swimming pools which require a permit shall be submitted with the application for the swimming pool permit and shall include:
(1) 
Plans, including a profile, drawn to scale, showing all dimensions;
(2) 
Equipment, layout of filters, pumps, strainers, sumps, gutters, skimmers, inlets, outlets, waste discharge lines, circulations and other piping;
(3) 
Type, care and description of chlorination;
(4) 
Capacity of pool;
(5) 
Proposed location on tract of land.
D. 
Design and construction.
(1) 
The material used for lining aboveground pools, in-ground pools and on-ground residential swimming pools shall be light in color and provide a tight tank with smooth and easily cleaned surfaces.
(2) 
The walls of aboveground pools, in-ground pools and on-ground residential swimming pools shall be vertical. Conspicuous markings shall show the depth of the shallow and deep portions, and the location and depth of the points where the slope of the bottom of the pool changes.
(3) 
Overflow gutters for swimming pools whose construction provides for said gutters shall completely surround the pool, provided that, if such pool is less than 30 feet in width, it may be provided with a skimmer built in to the sides and corners of the pool to take the place of gutters if approved by the Building Inspector.
(4) 
Pools under 30 feet in width shall have at least one outlet at the deepest point of sufficient size to permit the pool to be completely emptied in eight hours. Inlets shall be located to make possible a uniform circulation of water throughout the pool.
(5) 
In-ground pools shall be completely surrounded by a walkway.
(6) 
Aboveground pools, in-ground and on-ground residential swimming pools shall provide for a complete recirculation of water through all parts of the pool.
(7) 
Disinfecting equipment shall be adequate to conform to sanitary requirements.
E. 
Barrier protection required. All aboveground pools, in-ground pools and on-ground residential swimming pools shall be surrounded by a barrier, unless otherwise specified in § 335-100. Barrier protection shall be approved by the building inspector at the final inspection.
[Amended 3-21-2023 by Ord. No. 032123.2]
(1) 
Walls, fences and structures as barrier protection. Barrier walls and fences may be stand-alone walls and fences or may be in combination with structural pool, spa or hot tub walls, or a building/dwelling wall to form the barrier around the swimming pool, spa or hot tub.
(a) 
Dimensions. The top of the wall/fence shall be at least 48 inches above grade measured on the side of the wall/fence which faces away from the swimming pool, spa or hot tub. The maximum vertical clearance between grade and the bottom of the wall/fence shall be four inches.
(b) 
Chain-link fence. Where a chain-link fence is provided as the barrier, the perpendicular distance between parallel sides of the link shall not exceed 2 1/4 inches which corresponds to a two-and-one-quarter-inch mesh size or chain-link fencing as contained in specifications for residential fencing of the Chain Link Fence Manufacturer's Institute.
(c) 
Picket/ornamental fence. Where a picket/ornamental fence is provided as the barrier, the horizontal open air spacing between pickets shall be a maximum of four inches between all vertical pickets and support posts. Where a picket/ornamental-type fence is provided, the maximum vertical opening between the grade and the lowest part of the horizontal bottom rail or pickets of the fence shall not exceed four inches. Decorative detail shall not provide climbability. Minimum openings between decorative details shall be 1 3/4 inches or greater.
(d) 
Spacing, less than 45 inches. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal member shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Decorative cutouts shall not exceed 1 3/4 inches in width.
(e) 
Spacing, more than 45 inches. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Decorative cutouts shall not exceed 1 3/4 inches in width.
(2) 
Pedestrian access gates. Access gates in the barrier shall comply with the requirements of § 335-99E, and be self-closing, self-latching, accommodate a locking device, and open outward away from the pool, spa or hot tub except where natural topography or other conditions dictate that it open inward.
(a) 
Latch release. Release of the latch on the self-latching device for the gate shall be activated as follows: a height no less than 54 inches above grade for chain-link access gates and at a height no less than 54 inches above the horizontal bottom rail of a picket/ornamental access gate, or; on the pool, spa or hot tub side of the gate at a distance no less than three inches below the top of the gate.
(b) 
Self-latching devices. Where a self-latching device is also self-locking and is opened by means of a key, electronic opener, or integral combination lock, it may be located at any height on the gate, so long as it does not negate the function of the gate. Said gate need not comply with § 335-100E(2)(d) below:
(c) 
Chain-link access gate. Where the gate is a chain-linked gate, and where the release of the self-latching device is activated in accordance with § 335-100E(2)(b) there shall be no opening greater than 1/2 inch in diameter within 18 inches where the latch release is activated when the gate is closed.
(d) 
Picket/ornamental access gate. Where the gate is a picket/ornamental-type, such that the distance between the vertical members is greater than 1 3/4 inches, and where the release of the self-latching device is activated in accordance with § 335-100E(2)(b) above, there shall be no opening in the gate/fence greater than 1/2 inch in diameter within 18 inches of where the latch release is activated when the gate is closed.
(3) 
Other access gates. Gates other than pedestrian access gates need not have a self-closing, self-latching feature, but shall be provided with the means to secure the gate when it is not in use.
(4) 
Automatic power safety cover. An in-ground pool that does not have a barrier as required in § 335-99E. shall have an automatic power safety cover as defined by § 335-99J below. The automatic power safety cover shall be installed and approved by the Building Inspector at final inspection.
[Added 3-21-2023 by Ord. No. 032123-2]
F. 
Pool wall as barrier for aboveground/on-ground pools.
(1) 
Pool wall. An aboveground, on-ground pool wall itself may be the barrier if the pool structure is on grade and the wall is at least 48 inches in height. Other types of barriers can be mounted on the pool structure or can be a barrier that surrounds the pool at ground level. Where the barrier is mounted on the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches.
(2) 
Ladders or steps. Where an aboveground/on-ground pool structure is used as a barrier, or where the barrier is mounted on the pool structure, and the means of access to the pool is a ladder or steps, then:
(a) 
The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
(b) 
The ladder or steps shall be surrounded by a barrier which meets the requirements of § 335-100E; or
(c) 
A lockable and self-closing and self-latching gate at deck level shall be provided.
(3) 
Fence rail mounted on top of forty-eight-inch aboveground/on-ground pool wall structure. Where provided, the top rail of a pool fence, deck fence, patio fence, walk-around fence and gate, mounted on top of a pool structure or deck of an aboveground/on ground pool which is in conformance with § 335-100F(1), shall be a minimum of 36 inches above the deck surface.
(a) 
Picket/ornamental-type fence. Where a picket/ornamental-type fence is provided, maximum open air spacing between all vertical pickets and support posts (vertical) and between the top rail of the pool and the lower horizontal bottom rail of the fence shall not exceed four inches. A sphere greater than four inches shall not pass through openings in the fence.
(b) 
Visibility. Where fencing is required and/or provided with the pool or deck, the fencing shall have at least 65% open area to allow visibility from outside to inside the pool area.
(4) 
Deck. Where an aboveground/on-ground pool has a deck which abuts or is adjacent to a dwelling and direct access to the deck is through the exterior wall of the dwelling, such access shall be in accord with § 335-100G.
G. 
Wall of building with three-sided fencing as barrier. The wall of a building/dwelling may be used to form the barrier or part of the barrier as provided herein. § 335-100E shall apply to all residences with a swimming pool, spa or hot tub when a wall of a building/dwelling serves as a barrier to said swimming pool, spa or hot tub.
(1) 
Doors. Doors in the wall of a building/dwelling which allow direct access through the wall to the pool, spa or hot tub area must be provided with one of the following: an alarm capable of detecting unauthorized entry through a door into the pool, spa or hot tub area and which, when activated, emits a sound of sufficient volume to be heard in the building/dwelling. The audible warning, at no less than 85 dB, shall commence not more than seven seconds after the door and/or its screen, if present, are open and shall sound continuously for a minimum of 30 seconds; or as a self-latching device on a self-closing door which is either 54 inches above floor level or at any convenient height if the device uses a key, electronic opener or integral combination lock, so long as it does not negate the function of the door.
H. 
Windows. Windows in the wall of the building/dwelling which allow direct access to the pool, spa or hot tub area, and are located four feet or higher above the floor level, and where there is no foothold in the building/dwelling wall, shall be exempt and considered equivalent protection to the barrier set out in § 335-100E. Windows in the wall of the building/dwelling which allow direct access through the wall to the pool, spa or hot tub area and where the lowest opening is at a height of less than four feet above floor level shall comply with one of the following requirements:
(1) 
Window guards, screens or other means of equal protection shall limit access such that there are no openings large enough to allow a four-inch sphere to pass through; or
(2) 
Windows shall be fixed in such a way that they will not open sufficiently far to create a gap which will allow a four inch sphere to pass through; or
(3) 
The lowest opening panel of a window shall be located not less than four feet above the floor and there shall be no footholds wider than 4/10 of an inch on the internal wall down to approximately 3 1/2 feet below the lowest opening panel.
I. 
Safety cover for spa/hot tubs as a barrier. A safety cover for a hot tub or spa which complies with ASTM F1346 (1991) is acceptable.
J. 
Automatic power safety cover for swimming pools as a barrier. An automatic power safety cover for a swimming pool which complies with ASTM F1346 (1991) is acceptable.
K. 
Natural topography as a barrier. Natural topography which prevents direct access to swimming pool, spa or hot tub areas shall include, but not be limited to, mountains and natural rock formations. A natural barrier shall be approved by the Building Inspector so long as the degree of protection is not less than the protection afforded by manufactured or constructed means.
L. 
Screen enclosure as barrier. Screen enclosures that meet or exceed the door, wall, fence and gate requirements of this chapter are acceptable.
M. 
Other layers of protection as a barrier. Other means of protection shall not be used unless demonstrated to provide an equivalent level of protection as approved by the Building Inspector.
N. 
Clear zone. There shall be a clear zone of at least four feet between the barrier for or on a pool, spa or hot tub and any permanent structures or pool equipment, such as pumps, filters, heaters and similar equipment which can be used to climb the barrier.
O. 
Supplemental layers of protection – indoor swimming pools, spas and hot tubs. A residential indoor swimming pool, spa or hot tub shall be provided with the means or combination of means to exclude children from the pool, spa or hot tub area and which shall comply with §§ 335-100I, J and K.
P. 
Electrical installation. Electric service to all pools shall be installed by an electrician licensed pursuant to the requirements of the Wisconsin Department of Safety and Professional Services Chapter 305, Subchapter IV-Electrical and installed pursuant to the standards set forth in Article 680, Swimming Pools, Fountains, and Similar Installations, of the National Electric Code, as amended.
[Added 3-21-2023 by Ord. No. 032123-2]
Q. 
Penalty. Any person, firm or corporation who fails to comply with the provisions of this section, shall upon conviction thereof, forfeit not less than $10 nor more than $500, and costs of prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.
[Added 3-21-2023 by Ord. No. 032123-2]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GARAGE SALE, YARD SALE, TAG SALE, or ALLEY SALE
A sale of miscellaneous household or personal articles, such as furniture, tools, or clothing, held on the seller's own premises. A sale conducted on any three consecutive days, or portions thereof, shall be considered one garage sale. (For example, a sale conducted on a consecutive Thursday, Friday, and Saturday shall be considered one garage sale, while a sale conducted on a consecutive Thursday, Friday, Saturday and Sunday shall be considered two garage sales.)
B. 
Number restricted. No person or group of persons may conduct, carry on, operate or run more than six garage sales as defined in Subsection A above, upon the person's or groups' premises in any calendar year. In addition, no person or group of persons my conduct, carry on, operate or run more than one garage sale on any premises in any thirty-day period of time.
C. 
Penalty. The penalty for violation of this section of the chapter shall be a penalty as provided in § 335-16.