Every building hereafter erected, structurally altered, or relocated shall be located on a lot and in no case shall there be more than one principal building on a lot, except in agricultural, business, manufacturing, and public and institutional districts; and multifamily units and condominiums; and planned unit developments. The principal building, as defined in § 300-4, shall be built first in all districts. In any district where a building other than a residence is considered principal, such construction shall be subject to the prior approval of the Village Board.
A.
A building permit may be issued for a new single-family residence
on the same parcel as an existing single-family residence that will
be occupied while the new residence is being constructed, subject
to the following conditions:
(1)
The existing residence shall be occupied by the same person(s) who
will occupy the new residence.
(2)
The applicant shall submit to the Village Building Inspector written
proof that the waste disposal system for the property upon which the
current residence exists conforms to the applicable sanitary ordinances
of the Waukesha County Environmental Health Division.
(3)
The existing residence shall be removed within two years of the date
of issuance of the building permit or within 60 days of issuance of
the occupancy permit for the new residence, whichever comes first.
Upon the property owner showing valid cause and in the best interest
of the Village, the Village Plan Commission, may grant one extension
for a period not to exceed 12 months.
(4)
Prior to issuance of the building permit for the new residence, the applicant shall obtain approval as to form from the Village Attorney and as to amount from the Village Engineer a letter of credit or cash in the amount of 115% of the removal and restoration costs relative to the existing residence as determined by the Village Engineer; and also submit to and obtain approval from the Village Attorney and the Village Engineer an agreement which would allow the Village to access the property and remove the existing structure at the applicant's expense if the applicant fails to do so within the timeframe described in Subsection A(3) above.
B.
A building permit may be issued for a new residence where an existing
residence will be removed on the same parcel and where an existing
accessory building(s) will remain prior to the construction of the
new residence subject to the following conditions:
(1)
The applicant shall obtain approval as to form from the Village Attorney
and as to amount from the Village Engineer a letter of credit or cash
in the amount of 115% of the removal and restoration costs relative
to the existing accessory building(s) as determined by the Village
Engineer; and also submit to and obtain approval from the Village
Attorney and the Village Engineer an agreement which would allow the
Village to access the property and remove the existing accessory structure(s)
at the applicant's expense if the applicant fails to obtain an
occupancy permit for the new residence within two years of issuance
of the building permit for the same. Upon the property owner showing
valid cause and in the best interest of the Village, the Village Plan
Commission, may grant one extension for a period not to exceed 12
months.
A.
Uses restricted. In any district, no building or land shall be used and no building shall be hereafter erected, structurally altered or relocated except in conformance with the regulations hereinafter established for the district in which the property is located, or as otherwise provided in this code. Where a change in ownership or use or a new use of a building or premises is proposed in a business, manufacturing, or public and institutional district or at the site of a legal nonconforming use, a site plan and plan of operation shall be prepared for review and approval pursuant to § 300-6F of this code.
B.
Unclassified uses. Any use not specifically listed as a permitted
use shall be considered to be prohibited except as may be otherwise
specifically provided for. In case of question as to the classification
of a use, the Village Plan Commission shall determine if the unclassified
use shall be permitted.
C.
Accessory uses. In any district, accessory buildings, structures,
and uses customarily incident to the permitted uses in that district
shall be permitted subject to such requirements as may be designated
for that district in which they are located, or as further regulated
in this code.
D.
Home occupations. Home occupations, as defined in this code, when
incidental to the residential use and when situated in the same dwelling,
subject to the following conditions:
(1)
Home occupations shall be allowed to have a single nonilluminated
wall or window sign identifying the home occupation not exceeding
two square feet in sign area, mounted flush against the dwelling.
(2)
Home occupations shall not occupy more than 20% of the floor area
of the dwelling. Home occupations located in basements shall provide
two exits that comply with § 21.03(5), Wis. Adm. Code, as
amended from time to time. Attached garages, detached garages or other
accessory buildings may not be utilized for purposes of any home occupation.
(3)
Home occupations shall not employ more than one person not a part
of the single-family household.
(4)
Such use shall not include the use of any machinery, tools or appliances
which can reasonably be construed as creating a nuisance to surrounding
property owners.
(5)
The appearance of the dwelling shall not be altered in a manner that
causes the premises to differ from its residential character either
by the use of colors, materials, construction, or lighting.
(6)
Except for permitted signage, there shall be no exterior evidence
of the conduct of a home occupation, including outside storage, the
visible display of merchandise for sale.
(7)
No exterior entryways separate from entryways to serve the dwelling
shall be created and/or provided solely for the conduct of the home
occupation, except as required for a second exit for a home occupation
located in the basement.
(8)
The home occupation shall not generate pedestrian or vehicular traffic
beyond that common to a single-family dwelling. The latest Institute
of Transportation Engineers (ITE) Trip General Manual shall be used
as a guideline.
(9)
Parking shall be provided on-site within an existing driveway. Parking
for the home occupation shall not impede parking and use of the driveway
for the residence. The expansion of an existing driveway to serve
a home occupation shall be prohibited.
(10)
There shall be no goods or products shipped or received by other
than passenger motor vehicle the United States Postal Service, UPS,
FedEx, Amazon or similar delivery services.
(11)
The following uses, as well as similar uses and services, are
prohibited:
(a)
Animal grooming, boarding and care.
(b)
Automotive repair, small engine repair, paint and body shop.
(c)
Automotive sales, exclusive of the sale of the residents'
personal vehicle(s).
(d)
Automotive towing and/or wrecking service.
(e)
Health care office/clinic.
(f)
Bus service. Bus service and van services having vehicles capable
of transporting more than 10 passengers provided, however, that this
subsection shall not be construed to prohibit a resident's use
of their personal vehicle for ridesharing and/or food delivery service(s)
(e.g., Uber, Lyft, DoorDash, etc.).
(g)
Retail and wholesale sales that include in-person customer transactions
on the premises. Direct sales events/parties (Amway, Avon, Mary Kay,
etc.) may occur on-site no more than once per week.
E.
Utility cabinets shall have the meanings ascribed to them in § 300-4 of this code, except where the context clearly indicates a different meaning:
(1)
Small utility cabinets. Small utility cabinets shall be considered
a permitted use by right regardless of whether they are in fact accessory
to other uses on the property or whether there are principal structures
on the lots where they will be located; and will not require a zoning
use permit; and will not have to meet the setback and offset requirements
of the applicable district in which any such small utility cabinet
is proposed to be located, subject to the following:
(a)
A small utility cabinet shall not exceed 40 inches in height.
(b)
A small utility cabinet shall either:
[1]
Be placed within a Village road right-of-way in compliance with
the Village right-of-way regulations, including any amendments that
may be made thereto in the future; or
[2]
Be placed within a public road right-of-way under the jurisdiction
of the county or the state, in compliance with all applicable laws
and subject to obtaining all necessary approvals as required by the
governing bodies having jurisdiction; or
[3]
Be placed within a private road right-of-way with the proper
easements; or
[4]
Be placed on private property with proper lease or easements.
(2)
Large utility cabinets. Large utility cabinets shall require a zoning use permit as described in § 300-6 and shall comply with the following requirements:
(a)
A large utility cabinet shall not be less than 41 inches in
height nor exceed 72 inches in height.
(b)
A large utility cabinet shall either:
[1]
Be placed within a Village road right-of-way in compliance with
Village right-of-way regulations, including any amendments that may
be made thereto in the future; or
[2]
Be placed within a public road right-of-way under the jurisdiction
of the county or the state in compliance with all applicable laws
and subject to obtaining all necessary approvals as required by the
governing bodies having jurisdiction; or
[3]
Be placed within a private road right-of-way with the proper
easements; or
[4]
Be placed on private property with proper lease or easements.
(c)
Large utility cabinets will not have to meet the offset and
setback requirements of the applicable district in which any such
large utility cabinet is proposed to be located, but shall be subject
to vision corner easement requirements, and must not interfere with
safe sight distances from public streets accesses. Large utility cabinets
shall require screening from existing, adjacent residential uses.
(3)
Termination. When a zoning use permit has been issued for a large utility cabinet and it does not continue in conformity with the conditions of the original approval, or of the use itself causes the original zoning use permit to no longer be compatible with the surrounding areas or for similar cause, based upon consideration of the public welfare, the zoning use permit may be terminated or amended by action of the Village Board following a public hearing per § 300-46.
F.
Personal storage facilities. No person may store, and no person may
permit storage of, any car, truck boat, motorcycle, trailer, recreational
vehicle or other similar vehicle in any storage unit that has not
been constructed in accordance with all applicable building and fire
code provisions for such storage.
G.
Additional requirements. For any use or structure in any district
which becomes hazardous, harmful, noxious, offensive, or a nuisance
to the surrounding neighborhood, the owner or occupant may be required
to correct, improve or abate such conditions by such measures as may
be directed by the Village Building Inspector consistent with reasonable
technology and economic practicality and in conformance with reasonable
standards as may be determined by the Village Building Inspector as
may be contained in this code and all other applicable Village ordinances.
Any building determined to be unfit for human habitation or which
may endanger health, safety and welfare of the public as may be determined
by the Village Building Inspector shall be removed pursuant to the
procedures outlined by the Wisconsin Statutes after authorization
by the Village Board.
A.
Setbacks.
(1)
Base setback lines, from which all required setbacks shall be measured,
are established for all streets and highways in the Village as follows:
(a)
On all streets or highways for which the ultimate right-of-way
width has been established by the Official Map of the Village of Vernon,
the base setback line shall be located at a distance from the centerline
equal to 1/2 of such established width as designated on the Official
Map of the Village of Vernon.
(b)
On an established cul-de-sac, the base setback line shall be
measured from the center point of the cul-de-sac.
(c)
Base setback lines shall be parallel to and measured at right
angles to the centerline of the street or highway.
(d)
There shall be a required setback equal to the offset requirements
of the district in which the property is located from a private right-of-way
providing ingress and egress to the subject land or other lands, unless
such private right-of-way is considered a mill tax road, in which
case the normal road setback requirements contained in this code shall
apply.
(2)
Vision setback lines for lots not requiring a division of land shall
follow the standards below. If a lot requires a division of land,
the vision setback lines shall follow the standards identified in
the Village's Land Division and Development Control Ordinance.[1]
(a)
Across each sector between the intersection of a street or highway
with a railroad, a vision setback line shall be established by a straight
line connecting points on the base setback line and the railroad right-of-way
line, which points are located 120 feet from the intersection of these
two lines.
(b)
Across each sector between intersecting streets or highways,
one or more of which has an established width of 100 feet or more,
a vision setback line shall be established by a straight line connecting
two points on the intersecting base setback lines, which are located
60 feet from the intersection of these two lines.
(c)
Across each sector between any other intersecting streets, a
vision setback line shall be established by a straight line connecting
two points on the intersecting base setback lines which are located
30 feet from the intersection of these two lines.
(d)
In the vision setback area no structure or plant material of
any kind shall be permitted which exceeds a height of three feet above
the elevation of the center of the intersection, except for necessary
highway and traffic signs and public utility lines.
(3)
No principal building or its accessory buildings shall be erected,
altered, horizontally added to, relocated or placed so that any roofed
or enclosed portion thereof, excluding a roof overhang measuring 24
inches or less, is closer to the base setback line than the setback
distance hereinafter specified by the regulations for the district
in which such building is located with the following exceptions applicable
only where the base setback requirements of the properties involved
are identical:
(a)
If there is a building which is nonconforming with respect to
road setback, with a similar use as the proposed building, located
on an adjacent parcel on one side of the proposed building and within
200 feet of the proposed building, the average road setback of that
building of similar usage and the required minimum road setback shall
apply.
(b)
If there are two buildings which are nonconforming with respect
to road setback, with similar uses as the proposed building, located
on adjacent parcels on each side of said building and within 200 feet
of the proposed building, the average of the road setbacks of those
buildings of similar usage shall apply.
(c)
On corner lots of record, as of the date of adoption of this
code, the effect of the base setback regulations shall not reduce
the buildable width of such corner lot to less than 30 feet.
(4)
No other structures of any kind, except as necessary highway and
traffic signs, open stairs extending six feet or less from the enclosed
portion of the structure, open stairs in combination with stoops and/or
porches which are unenclosed and provide no more than 20 square feet
in area and extend no more than six feet from the enclosed portion
of the structure, public utility lines, rural mailboxes, and those
signs permitted in a residential or agricultural district, shall be
hereafter erected, altered or placed within such base setback area.
Monuments and entrance gates, subject to review by the Village Zoning
Administrator and, if applicable, the Vernon Fire Department, are
structures which require a zoning use permit and shall be located
at least 10 feet from the base setback line and shall not restrict
safe access and visibility of the intersecting drive and the road.
B.
Offsets.
(1)
No principal building or its accessory buildings shall be erected
or altered so that any roofed or enclosed portion thereof, excluding
a roof overhang measuring 24 inches or less, is closer to any lot
line than the offset distance hereinafter specified by regulations
for the district in which such building is located, with the following
exceptions:
(a)
In the case of any lot of record which has a minimum average
width of less than the required minimum average width of the district
in which it is located, the side lot offset may be reduced proportionately
to the ratio between the actual minimum average width and the required
minimum average width, provided that no offset shall in any case be
less than 10 feet.
(2)
No building, structure or impervious surface shall be erected, placed
or altered so that any portion, excluding a roof overhang measuring
24 inches or less, is closer than 15 feet to a wetland. Wetlands shall
be delineated with WDNR concurrence when required by the Plan Commission
or Zoning Administrator. For the purpose of this section, impervious
surfaces shall include gravel. The following exceptions apply:
[Amended 8-9-2023 by Ord.
No. 2023-08]
(a)
The Plan Commission, Village Engineer, or Zoning Administrator
may increase the required wetland offset based on the size or intensity
of proposed improvements and the need to further buffer a sensitive
environmental area, accommodate for potential wetland expansion or
to provide an increased area for stormwater runoff.
(b)
The Plan Commission, with input from the Village Engineer, may
decrease the required wetland offset where it can be demonstrated
that runoff from the proposed improvements will not impact the wetland
due to existing or proposed topography.
(c)
Landscape features including, but not limited to, vegetation,
fences, retaining walls, a single stairway/walkway, and planters/planting
beds may be located within the wetland offset provided they are located
outside of the wetland.
(d)
Grading, excavation and filling with proper erosion control
measures as determined by the Village Building Inspector are permitted
within the wetland offset provided there is no impact to the wetland.
(e)
In addition to these standards, Wisconsin Department of Natural
Resources and Waukesha County Stormwater Management and Erosion Ordinance
standards apply.
(3)
Minimum offsets for buildings housing livestock, fur-bearing animals,
pigeons, swine, goats, potbelly pigs, and poultry shall be not less
than 50 feet from an adjacent property line. This does not include
dog houses.
(4)
One detached accessory building or structure on any parcel less than
1 1/2 acre which is 200 square feet or less in area may be located
five feet to the side or rear lot line unless otherwise excepted under
any other provision. Land within the ECO Environmental Corridor or
CO Conservancy Overlay Districts shall not count toward the parcel
area for the purpose of this provision.
(6)
Residential driveways do not need to meet the offset requirements
of the district provided the driveway not be closer than five feet
to the lot line or encroach upon any drainageway.
(7)
In the case of multiple-family or commercial use structures, the
offsets may be modified as follows: Two or more buildings on adjoining
lots may be erected with common or directly adjoining walls, provided
the requirements of the applicable State Administrative Code relative
to such construction are complied with, and provided that at both
ends of such rowtype buildings the applicable offset requirements
shall be complied with.
(8)
Offsets on decks and patios may be reduced to 50% of the distance
between the principal structure and the lot line otherwise required
for the principal structure, but shall in no case be located closer
than five feet to a lot line.
C.
Overhangs. Where an overhang exceeds two feet as defined herein,
the additional overhang is not allowed unless the building is relocated
the additional distance from the base setback line or offset.
D.
Maintenance and use of setback and offset areas. Any such required
setback or offset area shall be landscaped and kept clean and free
from the accumulation of debris or refuse and shall not be used for
placement of compost bins, storage or display of equipment, products,
vehicles or any other material.
E.
Accessory building location. No detached accessory building shall
be erected, structurally altered, or placed on a lot so that any roofed
or enclosed portion thereof, excluding a roof overhang measuring 24
inches or less, is closer than 10 feet to the principal building on
such lot, or as otherwise permitted by the building code, relative
to buildings and building regulations.
A.
Maximum height restricted. In any district, no building or structure shall be, after the effective date of the Code from which this § 300-10 is derived, erected or structurally altered to a height in excess of that specified by the regulations for that district except as otherwise set forth in this section.
B.
Exemptions; no Village Plan Commission or Village Board approval
required. The following shall be exempted from the height regulations
of all districts, but are subject to all other applicable Village
ordinances:
C.
Exemptions; Village Plan Commission and Village Board approval required. The following may be exempt from the height regulations of all districts, subject to the approval of the Village Board, upon recommendation by the Village Plan Commission of a site plan and plan of operation in accordance with § 300-6F, but are subject to all other regulations of the Village: cooling towers, elevator bulkheads, wind turbines, fire towers, monuments, penthouses, stacks, observation towers, tanks, water towers, ornamental towers, spires, masts, freestanding towers, roof-mounted antennas 10 feet or more in height from the highest point of the roofline, and aerial and necessary mechanical appurtenances.
D.
Increase permitted. All other buildings or structures not exempted by § 300-10B or C may be increased by not more than 10 feet, subject to all required offsets and setbacks are increased by one foot for each foot which such building or structure exceeds the height limit of the district in which it is located; subject to compliance with all other applicable Village ordinances.
A.
Floor area and building footprint.
(1)
Any building intended in whole or part for residential purposes shall
provide a minimum floor area as specified by the regulations for the
district in which such building is located. Such minimums are stated
in terms of the minimum total floor area required for a building and
that portion of the total which must be provided on the first floor
level. Such minimum total shall be increased by 200 square feet for
any building not having a basement of at least 300 square feet in
area.
(2)
The maximum total building footprint of the buildings on a lot shall
not exceed that permitted by the regulations for the district in which
such buildings are located unless allowed per other sections of this
code.
(3)
Floor area shall be measured at each level from the outside edge
of a wall to the outside edge of wall and for purposes of computing
total minimum floor area shall not include garages, outbuildings,
open porches, or basements. Breezeways, exposed basements, split levels
and the secondary floors of multistoried residences may be included
in computing the total minimum floor area according to the following
schedule:
(b)
That portion of the basement of an exposed basement residence
or split level which has been designed as an integral part of the
living area of the home may be included in computing total minimum
floor area when at least one side is exposed and access has been provided
to the outside at grade level by means of at least one door. Such
computations shall maintain a minimum basement floor area of 300 square
feet.
(c)
That portion of the secondary floors of multistoried buildings
which have a minimum average distance between the ceiling face and
the top of the lower floor ceiling joist of seven feet may be included
in computing the total minimum floor living area, provided there are
permanent stairways leading from each floor to the next floor.
(4)
In split-level units, the floor area shall be computed as follows:
(a)
In a split-level building, the first floor area shall include
all area which is not over another living area of the building.
(b)
If less than 1/2 of the lower level is aboveground, such level
shall be considered a basement and cannot be included in total floor
area of the building unless such basement meets the definition of
an exposed basement.
(c)
If more than 1/2 of the lower level is aboveground, such areas
can be included in determining floor area. If there is no basement
below this level, 200 square feet of floor area shall be required
in addition to the floor area requirement of the district. This required
floor area shall be finished as an integral part of the dwelling unit
upon which the building permit is issued.
B.
Lot size.
(1)
No lot shall be created, and no building shall be erected on a lot
of less area or of minimum average width less than specified by the
regulations of the district in which such building is located, unless
approved as part of a planned unit development or is a preexisting
legal lot of record.
(2)
The lot shall be at least as wide as the specified minimum average
width for a distance of at least 1/2 the lot depth.
C.
Existing substandard lot.
(1)
Conveyance restricted. Where a lot has less land area or width than required for the district in which it is located and was of record as of February 26, 1959, such lot may be used for any purpose permitted in such district, provided that the permitted use complies with the setback and offset averaging provisions of §§ 300-9A(3)(b) and 300-9B(1)(a). If such lot adjoins along a side lot line property held in the same ownership, no such lot shall be conveyed to another owner nor shall a building permit be issued for a building on such a lot except in conformity with the following:
(a)
Petition for determination. The owner of such lot may at any
time prior to the proposed conveyance of such lot or request for a
building permit petition the Village Plan Commission and Village Board
for determination as to the status of such lot.
(b)
Referral to Village Plan Commission. Such petition shall be
referred to the Village Plan Commission for a study to determine the
practical possibility of a redivision of such ownership to provide
lots which will be in conformity with the zoning regulations of the
Village.
(c)
Time limit. The Village Plan Commission shall make its recommendation
to the Village Board and act within 60 days of the date the petition
was received and the Village Board shall act within 30 days of receipt
of the Plan Commission recommendation to give the petitioner a determination.
(d)
Criteria. The Village Plan Commission in making its recommendation
and the Village Board in making its determination shall give consideration,
among others, to the following factors:
[1]
Compatibility. The size, quality and character of the existing
lots and building development in the immediate area with a focus on
maintaining compatibility and protecting existing values.
[2]
Sewage disposal. Where public sewer is not available, the lot
size shall be sufficient to insure safe sewage disposal.
[3]
Practicability. A redivision is feasible from an economic, planning
and engineering practicability.
[4]
Hardship. The degree of practical hardship which may be imposed
upon the owner.
(2)
Determination of ownership. For the purposes of this section, lots
and property shall be considered in the same ownership when owned
by:
(a)
The same individual or corporation.
(b)
An individual and another in joint tenancy or as tenants in
common, and either of the joint tenants owns other lots individually
or as joint tenant or tenant in common together with another.
(c)
An individual, and other lots are owned by his spouse, parents,
grandparents, children, grandchildren or the spouse of any child or
grandchild, or a brother, sister or spouse of a brother or sister
of such person.
(d)
When any such lots are owned by an individual and other lots
are owned by a corporation in which the individual is an officer,
director or controlling stockholder.
D.
Open space.
(1)
No building shall be erected, structurally altered or placed on a
lot so as to reduce the useable open area of such lot to less than
that specified by the regulations for that district, unless approved
as part of a planned unit development.
(2)
To be considered useable, such open area shall be readily accessible
and of a size and shape which can be reasonably considered to provide
for the amenities and necessities of light, air, play space, drying
yard, garden, etc. Crop, pasture and wooded land may be included in
computing such open area.
(3)
No part of the open space provided for any building shall be included
as part of the open space required for another building; except as
provided for planned unit development.
In all districts and in connection with every use, there shall
be provided, at the time any use is converted, relocated, enlarged
or moved from one location to another or a building is erected, converted,
relocated, enlarged, structurally altered or moved from one location
to another, off-street parking stalls for all vehicles in accordance
with the following:
A.
Parking requirements.
(1)
All business, manufacturing, and public and institutional parking area plans shall obtain site plan and plan of operation approval of the Village Plan Commission and Village Board in accordance with § 300-6F.
(2)
Adequate access. A driveway access to a public street, road or highway,
shall be provided for each lot and every driveway access shall be
at least 12 feet wide for one- and two-family dwellings and a minimum
of 24 feet wide for all other land, buildings and structures.
(3)
Location. Parking shall be located on the same lot as the principal
use.
(4)
Dimensional requirement. Parking spaces, driveways and aisles for
access to parking spaces shall have the following minimum dimensions.
|
Stall width
|
9 feet
|
|
Stall depth
|
18 feet
|
|
Parking aisle width
| |
|
Two-way traffic (90°)
|
24 feet
|
|
One-way traffic (60°)
|
18 feet
|
|
Driveway (no parking stalls)
| |
|
Two-way traffic
|
24 feet
|
|
One-way traffic
|
12 feet
|
(5)
Parking spaces for use by physically disabled persons. Parking spaces
for use by physically disabled persons shall be in accordance with
all state and federal requirements.
(6)
Surfacing. All off-street parking areas and driveways shall be surfaced
with a bituminous or concrete pavement. Such parking areas shall be
kept free of dust, loose stones, and gravel. Such parking areas shall
be so arranged and marked to provide for orderly and safe parking
and storage of vehicles and must be completed within six months of
occupancy of the building or site.
(7)
Lighting. Lights provided in any parking area shall not be greater
than 0.5 footcandle, measured at a property line.
B.
Required number of stalls.
(1)
Unless waived or modified by the Village Plan Commission, through a site plan and plan of operation in accordance with § 300-6F, parking spaces shall be provided on the same lot in sufficient number to accommodate the motor vehicles of all occupants, employees, suppliers, customers, and persons normally visiting the premises at any one time or as specified in the table below.
(2)
The Village Plan Commission shall determine the required number of parking spaces for all uses not identified in the minimum parking requirements based on the requirements of § 300-12A and minimum parking requirements for similar uses identified in the minimum parking requirements.
(3)
Where two or more different principal or accessory uses are located
on the same premises, the parking requirements for the different uses
shall be computed separately and cumulatively.
(4)
When computation of required parking spaces results in a fraction
of a car space, the required number of the spaces shall be increased
to next whole number of spaces.
(5)
No area shall be credited as a parking space that is in any part
credited or used as a loading space or travel way.
|
Minimum Parking Requirements
| |
|---|---|
|
Use
|
Minimum Parking
|
|
Bowling alleys
|
4 spaces for each alley, plus any required for other uses such
as restaurant or bar
|
|
Churches, theaters, and auditoriums
|
1 space per 3 seats
|
|
Community centers and other places of public assembly, colleges,
secondary schools, elementary schools, vocational and night schools
|
1 space for each employee plus 1 space for each 5 students 16
years of age or older
|
|
Day-care facilities
|
1 space per 10 children and 1 space per employee
|
|
Financial institutions, business, government and professional
office
|
1 space per 200 feet of gross floor area
|
|
Funeral homes and crematoriums
|
25 spaces for each viewing room
|
|
Fuel stations
|
1 space per 300 square feet of gross floor area plus any spaces
required for other uses such as repair garages or restaurants
|
|
Golf courses
|
4 spaces per golf hole plus any additional spaces required for
other use which is part of the facility such as restaurants, bars,
or banquet facilities
|
|
Health clubs
|
1 space per 150 square feet of gross floor area
|
|
Hospitals, sanitariums, institutions, and nursing homes
|
1 space for each 3 beds plus 1 space for each day shift employee
|
|
Lodges, clubs, and banquet facilities
|
1 space for every 3 persons allowed within the maximum occupancy
limit
|
|
Manufacturing, warehousing, and contractor facilities
|
1 space per each employee during the largest shift
|
|
Medical or dental clinics
|
6 spaces for each doctor or professional service provider
|
|
Motels, hotels, rooming houses, boardinghouses, fraternities,
sorority houses, dormitories, and rectories
|
1 space for each guest room, and 1 space for every 3 employees,
plus any required spaces for other uses such as restaurant, bars or
banquet facility
|
|
Multifamily units and condominiums
|
2 spaces per unit, at least one of which shall be interior to
the building or garage
|
|
Repair shops and retail and service stores
|
1 space per 150 square feet of gross floor area
|
|
Restaurants, bars and taverns
|
1 space per 50 square feet of gross floor area of entertainment
|
|
Retirement homes, orphanages, convents and monasteries
|
1 space per 1,000 square feet of gross floor area
|
|
Shopping centers
|
1 space per 175 square feet of gross floor area
|
C.
Residential parking. Parking of vehicles accessory to a residential
use shall be limited to those actually used by the residents or for
temporary parking for guests. Vans, motor homes, recreational vehicles,
or pickup trucks used for private and recreational use, or one similar
vehicle used in a business for transportation to and from a place
of employment, may be parked on a residential property as long as
such use does not become a nuisance to the neighborhood. No vehicle
shall be parking closer than five feet to any side or rear property
line.
D.
Flexibility in application. The Village recognizes that, due to the particulars of any given development, the inflexible application of the parking standards set forth in this § 300-12 may result in a development either with inadequate parking space or parking space far in excess of its needs. For example, the parking standards set forth in this § 300-12 does not consider the reduction of required parking spaces due to shared use of parking facilities when the parking needs of the joint users occur at different hours of the day. Therefore, the Plan Commission, may modify the minimum parking requirements based on the plan of operation of the use(s). If a specific use is not listed in § 300-12B, the Village Plan Commission may use the minimum parking requirements of the most similar use(s) listed or establish minimum parking standards based on the specific plan of operation of the use(s). When allowing a modification of the minimum parking requirements for new development or site redevelopment, the Village Plan Commission may require the reservation of a portion of the property for additional parking to meet listed minimum parking requirements to accommodate potential expansion of the use or the future reuse of the property. Modification to parking standards are subject to the Village Plan Commission making a determination which shall include consideration, but not necessarily an affirmative finding of the following factors:
(1)
Whether the request for the waiver or modification, if granted, would
be consistent with the general intent of this section.
(2)
Whether the request for the waiver or modification, if granted, would
adversely affect property owners in the surrounding area.
(3)
Whether the request for the waiver or modification, if granted, would
benefit the petitioner's project in a way that is not inconsistent
with the Village's interests.
(4)
Whether the petitioner is in full compliance with applicable ordinances
and agreements with the Village.
(5)
Whether, instead of granting the request for the waiver or modification,
the section itself should be changed to accommodate the kind of situation
presented by the petitioner.
A.
Purpose. The Village of Vernon regulates the type, number, location, size and lighting of signs to ensure a balance of the visual environment of the Village. While the Village recognizes that the purpose of signs is to identify businesses and/or promote products and services to generate business, the Village of Vernon also recognizes that traffic safety, economic welfare, and aesthetic harmony must be considered. All applications for sign permits are, therefore, reviewed for compliance with § 300-13, the applicable district, and any other applicable Village ordinances.
B.
Use restricted. Signs are prohibited in all districts in the Village except as permitted to the extent specifically authorized by the applicable district regulations or § 300-13.
C.
Permit required. Unless specifically exempted by § 300-13G, all signs require a zoning and building permit after review and approval by the Plan Commission. Applications must include all of the following:
(1)
Completed application forms provided by the Village Clerk.
(2)
A scaled site plan showing the proposed sign location(s) including
proposed setbacks from property lines.
(3)
Dimensioned color drawings of all sides of the proposed signage including
materials.
(4)
Specifications of any proposed illumination.
E.
Permitted signs. The permitted signage on a lot or parcel is limited
by zoning district. Sign area for parcels and buildings with more
than one user/tenant shall be divided between users/tenants based
on the percentage of total floor area of each.
(2)
Agricultural Districts (A-B, AD-10, A-5, A-1a, A-2, and A-3). Total
sign area is limited to 32 square feet.
(3)
Business Districts (B-1 and B-2). Total sign area is limited to 50
square feet for the first 100 lineal feet of building frontage facing
an adjacent road right-of-way, and 50 square feet for the next 100
lineal feet calculated fractionally based on frontage thereafter.
Total signage may not exceed 100 square feet per adjacent road frontage.
(4)
Business Districts (B-3, B-4 and BP). Total sign area is limited
to 75 feet for the first 100 lineal feet of building frontage facing
an adjacent road right-of-way, and 75 square feet for the next 100
lineal feet calculated fractionally based on frontage thereafter.
Total signage may not exceed 150 square feet per adjacent road frontage.
(5)
Industrial District (I-1). Total sign area is limited to 50 square
feet for the first 100 lineal feet of building frontage facing an
adjacent road right-of-way, and 50 square feet for the next 100 lineal
feet calculated fractionally based on frontage thereafter. Total signage
may not exceed 100 square feet per adjacent road frontage.
(6)
Public and Institutional District (P-1). Total sign area is limited
to 50 square feet for the first 100 lineal feet of building frontage
facing an adjacent road right-of-way, and 50 square feet for the next
100 lineal feet calculated fractionally based on frontage thereafter.
Total signage may not exceed 100 square feet per adjacent road frontage.
F.
Prohibited signs.
(1)
Signs shall not resemble, imitate, or approximate traffic or railroad
signs, signals, or devices; shall not cause glare, mislead or confuse
traffic, or impair driver visibility on public ways, private roadways,
or adjoining properties; and shall not be flashing, revolving, blinking,
strobing, animated, or have traveling lights or any other device or
means not providing constant illumination, except as permitted for
an electronic message center sign.
(2)
Signs shall not be constructed, operated, or maintained so as to
constitute a nuisance to adjoining properties, or detract from the
value of the adjoining properties.
(3)
Signs shall not be erected, relocated, or maintained so as to prevent
free ingress to or egress from any door, window, or fire escape, and
no sign shall be attached to a standpipe or fire escape.
(4)
Signs shall be placed so as not to obstruct or interfere with vision
triangles and traffic visibility and shall not be lighted in a way
which causes glare or impairs driver visibility upon public ways.
(5)
Banners, pennants, streamers, balloons, and inflatable signs are
not permitted, except as a temporary sign, as may be permitted per
this code.
(6)
Billboard signs.
(8)
The tacking, pasting, or otherwise affixing of signs of a miscellaneous
character, visible from a roadway, located on the walls of buildings,
barns, sheds, trees, poles, posts, fences, or other structures are
prohibited unless otherwise permitted by this code.
(9)
Roof signs.
(10)
No sign, other than warning or equipment information, shall be placed on any communication, radio, or cell tower. See also § 300-22B(11).
(11)
No signs placed on parked vehicles, boats, trucks or utility
trailers which are visible from the public right-of-way for which
the apparent purpose is to advertise a product or to direct the public
to a business or activity are prohibited. This subsection is not intended
to apply to standard advertising or identification practices where
signs or advertising are painted on or permanently attached to business
or commercial vehicles which are used in the daily operation of the
business and parking in designated parking spaces designed for their
particular vehicle type.
(12)
Signs which emit audible sound, odor, or visible matter are
prohibited.
G.
Signs not requiring a permit. The following signs do not require a permit or count against maximum signage area per § 300-13E.
(1)
Home occupations per § 300-8D shall be allowed to have non-illuminated wall or window signs not exceeding two square feet in sign area, mounted flush against the dwelling.
(2)
Portable menu board or sandwich board signs limited to 15 square
feet in sign area per sign, one sign per business, and on private
property within business zoning districts.
(3)
Plaque signs cut into a masonry surface or constructed of bronze
of other noncombustible materials and placed on buildings, property,
structures, graves, statuary or the like with historical importance,
such as being listed on the National Register of Historic Places,
local historical listings, or similar demarcation. Plaque signs shall
be limited to four square feet in sign area.
(4)
Signs carved into a building in such a way that they are not directly
illuminated and do not contrast sharply in color with the building.
(5)
Official Village of Vernon address signs per § 101-4 and address lettering, not to exceed two square feet in sign area, mounted flush against a building.
(6)
Safety signs such as traffic signs, legal notices, railroad crossing
signs, danger, security, directional, and such temporary emergency
or non-advertising signs, as may be erected for the public safety.
(7)
Awning signs painted, applied, or integral to awnings, provided such
signs do not exceed four square feet in area per display.
(8)
Signs physically associated with permitted outdoor storage of goods
for sale in commercial districts, such as firewood, gas cylinders,
and water bottles.
(9)
Flags of the United States, State of Wisconsin, or other sign depicting
government organization or entity which do not pose a safety hazard.
(10)
Official Village, Waukesha County, state, or federal signage.
(11)
Yard signs that are temporarily located in residential districts, provided they are not attached to utility poles, meter posts, trees, or other public utility in or along any street right-of-way within the Village, and are not attached to any building, wall fence, or other property of another person without having first obtained the prior written consent of the owner of such property. The maximum time limit for all yard signs is three consecutive days, and nine cumulative days in a one-year period. Such signs shall not exceed 10 square feet in area. This provision does not apply to political signs, which are regulated per § 300-13G(18) below.
(12)
Service door signs in nonresidential districts. One sign per
service door shall be allowed up to four square feet in area.
(13)
Window signs which do not exceed 50% of the window area.
(14)
Signs associated with outdoor public or private recreational
uses limited to two square feet in area.
(15)
Temporary real estate signs on properties or buildings for sale,
lease, or rent:
(a)
Maximum number: one temporary sign for each lot or parcel being
advertised for sale, lease, or rent for each abutting street frontage.
(b)
Maximum sign area: 12 square feet per sign on a residential
property and 32 square feet per sign on a nonresidential property.
(c)
Location. Such signs shall be located only upon the premises
for sale, lease, or rent, and shall be located a minimum of 10 feet
from an abutting property line or road right-of-way.
(d)
Maximum height: seven feet.
(e)
Removal. Such signs shall be removed within seven days of the
sale, lease, or rental of the premises upon which the sign is located.
(16)
Temporary real estate signs on properties which are under development
including residential subdivisions:
(a)
Maximum number: three temporary signs for the overall development
for each abutting street frontage.
(b)
Maximum sign area: 32 square feet per sign.
(c)
Location. Such signs shall be located only on the premises upon
which construction or development is about to occur or is occurring.
Such signs shall be located a minimum of 10 feet from all abutting
property lines or road rights-of-way.
(d)
Maximum height: seven feet.
(e)
Removal. Such signs shall be permitted only for an approved
development and may be erected and maintained commencing no earlier
than 30 days prior to commencement of construction and shall be removed
within 30 days upon completion of construction for a nonresidential
development and one year after the satisfaction of the developer's
agreement for a residential development. All such signs shall be removed
within 1.5 years of initial display for all development in any case.
(17)
Political signs shall be limited to 11 square feet, are allowed only for the period described in § 12.04, Wis. Stats., and shall comply with § 300-13F of this code unless otherwise exempted by § 12.04, Wis. Stats. In the event that § 12.04, Wis. Stats. would permit a sign that is larger than the size limitations described in this subsection, such sign, regardless of sign content, is allowed only for the period described in § 12.04, Wis. Stats.
H.
Nonconforming signs.
(1)
Signs which were lawful prior to the time this code was passed or
amended, but which would be prohibited, regulated, or restricted under
the terms of this code, shall be deemed legal nonconforming signs.
Such signs shall be permitted to continue until such time as a major
change is made to the sign. Major changes include changing the size,
shape, purpose, and/or relocation.
(2)
All nonconforming signs shall be kept in good repair and in safe,
neat, clean, and attractive condition. In the event signs are not
kept in good condition or are demolished by any force whatsoever to
the extent of 50% or more of its replacement cost at the time of the
damage, any replacement sign shall then conform to this code, except
in circumstances where rebuilding is allowed by state statute. Nothing
herein shall prevent maintenance, repainting, or normal repair of
legally established nonconforming signs.
(3)
A nonconforming sign must be removed if the structure, building,
or use to which it is accessory is destroyed, or demolished to an
extent exceeding 50% of the appraised value of the principal structure,
building, or use, except in circumstances where rebuilding is otherwise
allowed per state statute.
(4)
Supporting structures for nonconforming signs may continue in use
for a conforming sign if said supporting structures comply in all
respects to the applicable district requirements.
I.
Decorative art or wall art. All decorative art or wall art, conducted in a professional manner, shall require review and approval by the Village Plan Commission and Village Board through a site plan and plan of operation in accordance with § 300-6F.
J.
Permanent subdivision signs. Permanent subdivision identification
monument signs shall require review and approval by the Village Plan
Commission and Village Board as part of the subdivision plat review
process. Subdivision identification signs shall be located at least
10 feet from all property lines and rights-of-way.
K.
Electronic message center signs. Electronic message center (EMC)
signs may be allowed in any business district, industrial district,
or public and institutional district upon review and approval by the
Village Plan Commission and subject to the following criteria:
(1)
The EMC sign advertisements shall not be animated, flashing, scrolling,
or revolving, etc.
(2)
The EMC sign shall be limited to a maximum of four lines of text
per message with text characters measuring five inches or greater
in height.
(3)
The EMC sign shall only advertise three messages/advertisements per
day. Each message/advertisement shall be displayed for a minimum of
10 seconds. The display of time and temperature is excluded from the
total number of messages/advertisements allowed per day.
(4)
Messages/advertisements on the EMC sign shall be limited to only
the marketing, identification, and operation of the subject use.
L.
Temporary signs. Temporary signs, in any district, shall conform to the standards of § 300-13. Any temporary signage excluding temporary real estate signs included in § 300-13G shall not be displayed for a period to exceed 21 days, and shall require review and approval by the Village Plan Commission prior to issuance of a sign permit.
M.
Setbacks and offsets. In any district, no sign shall be permitted
closer than 10 feet to the base setback line or any property line.
N.
Maximum height. No freestanding sign shall exceed 20 feet in height
from the ground. No wall sign shall extend above the eave of a pitched
roof or parapet of a flat roof.
O.
Illumination. The level of illumination as measured at one foot perpendicular
to any face of an illuminated sign shall not exceed 100-foot candles
during the day and forty-five-foot candles during the night.
P.
Signage special exceptions. The Village Plan Commission may grant special exceptions to the sign regulations of this § 300-13, as follows:
(1)
Approval required. Where a property or the uses on the property are of such a special nature, or such a unique situation, or its effect is so dependent upon actual contemporary circumstances as to make impractical the absolute predetermination of permissibility or listing of specific signage standards which would be automatically applied in each case, an application for a special exception regarding matters identified in Subsection P(2) below may be made to the Village Plan Commission. In such case, the Village Plan Commission may grant a special exception to one or more of the requirements identified in Subsection P(2) below, if the Village Plan Commission determines that there is or will be compliance with the standards or conditions set forth in this section. In order to approve a special exception, the Village Plan Commission does not necessarily require the demonstration of an unnecessary hardship or practical difficulty.
(2)
Limited jurisdiction. The Village Plan Commission shall have no authority
to grant a special exception to any of the requirements of this Zoning
Ordinance except as described herein. The Village Plan Commission's
authority to grant special exceptions is limited to the following
issues:
(a)
In all districts, the Village Plan Commission may increase the
total square footage of signs permitted on the lot by not more than
25%.
(b)
In all districts, the Village Plan Commission may reduce the
otherwise applicable base setback line or offset line requirement
for signs by not more than 50%.
(3)
Procedures. The following procedure shall apply for special exceptions to the requirements of this § 300-13:
(a)
Petition. The applicant shall file a petition with the Village
Clerk.
(b)
Data required. In addition to all information required on the
petition form, if any, the petitioner shall supply the following:
[1]
A plot map drawn to scale of not less than 100 feet to the inch
showing the land in question, its location, the length and direction
of each boundary thereof, the location and existing use of all buildings
on such land, and the principal use of all properties within 500 feet
of such land.
[2]
The names and addresses of the owners of all properties within
500 feet of any part of the land included in the proposed change.
[3]
A detailed description of the intended use, and the reason for
the request.
[4]
Any further information as required by the Village staff, Village
Plan Commission, or Village Board to facilitate the making of an evaluation
of such request.
(c)
Plan commission review. The matter shall be submitted to the
Village Plan Commission for consideration.
(d)
(Reserved)
(e)
Fee. Any petition shall be accompanied by a fee as set from
time to time by the Village Board to defray the cost of publication,
notification, and holding a public hearing, administrative expenses.
The petitioner shall also pay to the Village all costs incurred for
legal, planning, engineering, and administrative work necessary to
administer the application and oversee the matter.
(4)
Basis of approval. An application for a special exception may be
approved, denied, or approved with conditions. If approved, the Village
Plan Commission must determine that the approval, except as elsewhere
herein expressly provided, shall not:
(a)
Be inconsistent with or contradictory to the purpose, spirit,
or intent of this code.
(c)
Be contrary to the public health, safety, or welfare, but rather
shall promote the public health, safety, and welfare.
(d)
Be hazardous, harmful, noxious, offensive, or a nuisance by
reason of noise, dust, smoke, traffic congestion, odor, or other similar
factors.
(e)
For any other reason, cause substantial adverse effect on the
property values and general desirability of the neighborhood.
(f)
Be a use which is incompatible to the surrounding land uses.
(5)
Determination. The action of the Village Plan Commission shall be stated in writing, and shall include findings of fact setting forth the basis upon which the special exception is granted, utilizing and referring to the criteria set forth above. A copy of the Village Plan Commission's action shall be made a permanent part of the Village records. If a special exception is not approved, the reasons therefor will be included in such record. In considering this possible grant, the Village Plan Commission shall be guided by the purpose of this § 300-13 along with the basis for approval described above, without consideration of the content of any such signage.
A.
Accessory buildings.
(1)
Applicability limited. This section applies to all buildings which
are not principal buildings in all zoning districts other than the
B-1, B-2, B-3, B-4, B-P, I-1, P-1, A-B or A-E District; also excluded
are the properties shown as having previously been in the A-O Overlay
District as kept on file in the Village Clerk's office. No property
owner shall, within the Village of Vernon, build, construct, use,
or place any type of accessory building, including prefabricated accessory
buildings, until a building permit has been obtained from the Building
Inspector.
(2)
Compliance. Accessory buildings shall conform to all requirements
of this code and also with all current and future applicable codes
of the Village of Vernon, State of Wisconsin and federal government.
(3)
Application and approval.
(a)
Accessory building application. An application for such an accessory
building permit shall be made, in writing, to the Building Inspector,
along with a complete set of building plans and specifications, including
a plot plan or drawing accurately showing the location of the proposed
accessory building with respect to lot lines, buildings and septic
and well locations on the property.
(b)
Building Inspector request for survey. The Building Inspector
has the right and may request a plat of survey or certified survey
map as well as a stakeout survey of the property indicating offsets
and setbacks of both the primary building and proposed accessory building.
(c)
The Building Inspector shall not issue a building permit for
any accessory buildings over 900 square feet until deed restriction
is placed on the subject property in a form as approved by the Village
Attorney giving notice that the accessory building cannot be used
for any commercial or industrial purpose.
(d)
The Building Inspector shall not issue a building permit for any accessory building that will exceed 3,000 square feet without prior Village Plan Commission approval. A petitioner may submit a written request for the same to the Village Clerk. Upon receipt of such request the Village Clerk shall place the matter on a Village Plan Commission agenda within a reasonable time. The Village Plan Commission shall then consider the following factors: whether the requested building would be consistent with the general intent of this code; whether the request, if granted, would adversely affect property owners in the surrounding area; and any other facts that may be relevant to the application. Upon consideration of these factors, the Village Plan Commission shall determine whether the accessory building application is objectively reasonable. The Village Clerk shall forward the Village Plan Commission determination to the Village Building Inspector, who shall then issue the permit if the request was granted. Compliance with Subsection A(3)(c) above is also required.
(4)
Location. Detached accessory buildings shall be constructed no closer
to any lot line than zoning allows and shall not be constructed in
the front yard. The front yard shall be defined as follows:
(a)
In the case of a lot which abuts one, and only one, existing
or proposed public road, the front yard shall be a yard extending
across the full width of the lot, the depth of which shall be the
minimum distance between the existing or proposed public road right-of-way
and a line parallel thereto through the nearest point of any existing
or proposed principal building on the lot.
(b)
In the case of a lot which abuts more than one existing or proposed public road, the front yard shall be determined in the same manner described in Subsection A(4)(a) above, but shall be limited to the existing or proposed public road adjacent to the front of the existing or proposed principal building.
(c)
In the event Subsection A(4)(a) and (b) do not describe the particular circumstances of an individual lot, or a dispute arises regarding the proper interpretation or application of the same, the Village Planner and Village Building Inspector shall have the discretion to reasonably determine the location of the front yard on the lot for purposes of this section. If a dispute arises between the Village Planner and the Village Building Inspector, the Plan Commission shall have sole discretion to reasonably determine the front yard on the lot, for the purposes of this section.
(d)
In this section, a lot shall be considered to abut the existing or proposed road if the lot directly adjoins the road right-of-way at any point. Lots which do not abut any public road, which are accessed by private easement, for example, are reviewed on a case-by-case basis pursuant to Subsection A(4)(c) above.
(5)
Quantity and size.
(a)
Quantity. A parcel shall have no more than two accessory buildings, unless a waiver or modification is granted, pursuant to Subsection A(7), to allow three or more accessory buildings, with the following exceptions:
[1]
On parcels of three acres or more in size, more than two accessory
buildings may be permitted when the Village Plan Commission, makes
all of the following findings:
[a]
There are one or more rural structures, as defined
herein, on the property;
[b]
Such rural structure(s) is (are) not a nuisance
or detriment to the existing neighborhood;
[c]
The total number of accessory buildings, excluding
the rural structure(s), shall not be more than two, unless a waiver
modification is granted by the Village of Vernon Plan Commission;
and
(b)
Size. The maximum aggregate square footage of accessory buildings shall not exceed the following aggregate square footage requirements, unless aggregate square footage requirements are waived or modified pursuant to Subsection A(7):
|
Minimum Lot Size
|
Maximum Aggregate Square Footage
|
|---|---|
|
Less than 1 acre
|
900 square feet
|
|
1 but less than 2 acres
|
1,200 square feet
|
|
2 but less than 3 acres
|
1.5% of the lot area or 1,960 square feet, whichever is smaller
|
|
3 acres or more
|
3% of the total lot area of the lot, provided that no individual accessory building (which term excludes agricultural buildings as defined herein) may exceed 3,000 square feet, except upon approval of the Plan Commission pursuant to Subsection A(3)(d)
|
(6)
Compatibility. All accessory buildings shall be constructed in such
a way that the exterior appearance is compatible with the principal
building on the parcel. The determination of compatibility shall be
made by the Plan Commission for buildings larger than 3,000 square
feet or buildings requiring consideration of a waiver. The Building
Inspector shall determine compatibility for all other accessory buildings.
If the Building Inspector determines that the proposal is not compatible,
the applicant may appeal to the Village Plan Commission.
(7)
Request for waiver or modification. A petitioner may request that
the Village waive enforcement or modification of one or more provisions
of this code dealing with size and location limitations stated in
this section as follows:
(a)
Written request. The petitioner shall submit a written request for a waiver or modification to the Village Clerk. With such request for a waiver or modification there shall be a fee in an amount established from time to time by the Village Board; a copy of the application as submitted to the Building Inspector; a statement specifying the specific provision that the petitioner requests the Village to waive or modify and a narrative addressing items in Subsection A(7)(c) below.
(b)
Procedure. Upon receipt of such request for a waiver or modification,
the Village Clerk shall place the matter on a Village Plan Commission
agenda within a reasonable time and shall give written notice of the
request for waiver or modification, hearing and time to all property
owners within 500 feet of the property being discussed.
(c)
Considerations. The Village Plan Commission shall make a determination
which shall include consideration, but not necessarily an affirmative
finding, of the following factors:
[1]
Whether the request for the waiver or modification, if granted,
would be consistent with the general intent of this code.
[2]
Whether the request for the waiver or modification, if granted,
would adversely affect property owners in the surrounding area.
[3]
Whether the request for the waiver or modification, if granted,
would benefit the petitioner's project in a way that is not inconsistent
with the Village's interests.
[4]
Whether the petitioner is in full compliance with applicable
ordinances and agreements with the Village.
[5]
Whether, instead of granting the request for the waiver or modification,
this code itself should be changed to accommodate the kind of situation
presented by the petitioner.
(d)
Grant or denial of request for waiver or modification. After
considering the above-listed factors and any other factors that may
be relevant to the matter, the Village Plan Commission shall then
determine whether it is objectively reasonable to grant the request
for a waiver or modification. A request for a waiver or modification
may be granted without making an affirmative finding concerning any
one or more of the above-listed factors if, on the whole, it is objectively
reasonable to do so.
(e)
Past noncompliance not waived. A waiver or modification that
is granted pursuant to a written request as described in this section
shall not waive or modify any fines, forfeitures or other penalties
that may have accrued due to violations of this code that took place
prior to the date of the request for waiver or modification being
granted, unless specifically stated otherwise in the decision of the
Village Plan Commission.
(f)
Appeal. Any party to a proceeding resulting in a final decision
of the Village Plan Commission may seek review thereof by certiorari
within 30 days of receipt of the final determination. The court may
affirm or reverse the final determination or remand the matter to
the Village Plan Commission for further proceeding consistent with
the court's decision.
(8)
Use of accessory buildings. No accessory building shall be used for
commercial or industrial purposes.
B.
Swimming pools. Aboveground and below-ground swimming pools, as defined
herein, are permitted in any district except the CO, ECO and HGO Districts
as accessory to a residential use, upon the issuance of a zoning use
permit, subject to the following:
(1)
The application for a zoning use permit shall include a plat of survey
drawn to scale showing the location of the swimming pool, the location
of any fence, deck, patio and any accessory heating, pumping and filtering
units that may be placed outside the swimming pool. The survey shall
also show the lot lines of the lot, the location of the residence
on the lot, the location of the well and septic system, the location
of any other structure(s) on the lot, the location of any electrical
transmission lines on the lot and the location of residences and structures
on neighboring lots.
(2)
No water drained from swimming pools shall be discharged onto adjacent
properties without written consent of the adjacent property owner,
onto the paved surface of any Village road, or into a municipal sewerage
system, or directly into a navigable body of water.
(3)
Heating units, pumps, and filter equipment shall be adequately installed
in such a manner as not to create a nuisance.
(4)
No swimming pool shall be located closer than 10 feet to a principal
building or an elevated deck attached to the principal building, unless
approved by the Village Building Inspector or Zoning Administrator,
and shall be in compliance with the setback and offset requirements
for a building in the applicable district in which it is located and
no closer than 10 feet to a lot line, whichever requirement is greater,
and shall not be located on the street side of a residence.
(5)
No deck surrounding a swimming pool shall be located closer than
the required offset to a lot line.
(6)
The swimming pool must be intended to be used solely by the occupants
of the principal use of the property on which the swimming pool is
intended to be located and their guests. Operation of a business,
including but not limited to swimming lessons, may be permitted as
a home occupation or limited family business per the regulations of
this code.
(7)
Swimming pools shall comply with § 125-27 of the Village of Vernon Code of Ordinances including fencing requirements.
(8)
All applicable Village of Vernon, County of Waukesha and State of
Wisconsin codes, ordinances, regulations and rules shall be complied
with, including, but not limited to, any setback and offset requirements
and sanitary and environmental regulations.
C.
Fuel tanks. All principal and accessory structures involving the
utilization or storage of flammable and explosive materials shall
be provided with adequate safety devices against the hazard of fire
and explosion and comply with all applicable federal, state, and local
laws and regulations. The aboveground storage capacity of materials
that produce flammable or explosive vapors shall not exceed 500 gallons
unless approved by the Village Board upon recommendation by the Village
Plan Commission and Vernon Fire Department Chief (or designee).
D.
Alternative energy systems.
(1)
Use permitted. Alternative energy systems are permitted in any district
other than CO, when used solely by the owner or occupant of the principal
use.
(2)
Types of special uses.
(a)
Solar energy conversion system. Solar energy conversion system
commonly referred to as "active" or "passive" solar collection and
heating systems and including systems defined by § 13.48,
Wis. Stats.
(b)
Wind energy conversion systems. Wind energy conversion systems
commonly referred to as "windmills" which are used to produce electrical
power and as regulated by Ch. PSC 128, Wis. Adm. Code, and amendments
thereto.
(3)
Local procedure. All alternative energy systems shall follow the
local procedure regulated by § 66.0401, Wis. Stats.
E.
Portable on-demand storage units.
(1)
A portable on-demand storage unit may be utilized within the Village when in compliance with the standards of § 300-14E(2) through (5). Any use of such units within the Village not in compliance with § 300-14E(2) through (5) shall be unlawful.
(2)
Length of time units may be on property.
(a)
A portable on-demand storage unit may be located on property
within the Village for a period not exceeding two weeks in duration
from time of delivery to time of removal. No more than two portable
on-demand storage units may be located on a specific piece of property
within the Village at one time; such units shall be individually limited
to the duration time period established herein. Such units may not
be located on a specific property more than one time in any given
thirty-calendar-day period. Such unit may not exceed eight feet six
inches in height, 10 feet in width or 20 feet in length. It shall
be the obligation of the owner or user of such unit to secure it in
a manner that does not endanger the safety of persons or property
in the vicinity of the portable on-demand storage unit. In the event
of high winds or other weather conditions in which such unit may become
a physical danger to persons or property, the appropriate law enforcement
officers may require the immediate removal of such unit.
(b)
In the event of fire, tornado, flood or natural disaster causing
substantial damage to a principal structure, the property owner may
request from the Village Building Inspector permission to extend the
time that a portable on-demand storage unit may be located on the
property. Application for such extended duration shall be made in
writing and filed with the Village Building Inspector and shall give
sufficient information to determine whether such extended duration
should be granted. The Village Building Inspector shall determine
whether or not to grant such extended duration and the length of such
extension.
(c)
Any portable on-demand storage unit which is not removed at
the end of the time for which it may lawfully remain in place, or
immediately upon the direction of a law enforcement officer for removal
of such unit for safety reasons, may be removed by the Village immediately,
without notice, and the cost of such removal, together with the cost
of administration of its removal, may be assessed against the property
on which the portable on-demand storage unit was located and may be
filed as a lien against such property by the Village Clerk. Such lien
shall be superior in dignity to all other liens or encumbrances upon
the property, including the lien of a mortgage, and shall be equal
in dignity to the lien of ad valorem taxes.
(3)
Placement of portable on-demand storage units shall only be on the
property owner's driveway or a parking area, or if access exists
at the side or rear of the site, the side or rear yard. Such storage
unit shall be located no closer than 10 feet to the property line
unless placed on an existing impervious driveway. The required parking
space(s) shall at all times be maintained if portable on-demand storage
units are placed in parking areas.
(4)
The owner, as well as the supplier, shall be responsible for ensuring
that the portable on-demand storage unit is maintained in good condition,
free from evidence of deterioration, weathering, discoloration, graffiti,
rust, ripping, tearing or other holes or breaks, at all times.
(5)
No portable on-demand storage unit shall be used to store solid waste,
construction debris, demolition debris, recyclable materials, business
inventory, commercial goods, goods for property other than at the
residential or commercial property where the portable on-demand storage
unit is located (i.e., used for retail sales) or any other illegal
or hazardous material. Upon reasonable notice to the owner of the
property, the Village may inspect the contents of any portable on-demand
storage units at any reasonable time to ensure that it is not being
used to store said materials.
F.
Outdoor food and beverage restaurant or tavern service areas.
(1)
Maximum size of service area. The size of the outdoor service area shall not be more than 30% of the floor area of the restaurant or tavern as permitted in the business districts of this code and as authorized by a site plan and plan of operation in accordance with § 300-6F.
(2)
Location of service area. The outdoor service area shall be located
on the same parcel of land as the restaurant or tavern. The outdoor
service area shall not be located in a public right-of-way, a required
landscape area, a buffer yard, or within the road setback, offset
or shore setback areas.
(3)
Special restrictions when adjacent to a residentially zoned parcel.
If the outdoor service area is within 100 feet of a property in a
residential zoning district, the following restrictions shall apply:
(4)
Consistency with state liquor license. No alcoholic beverages shall
be served or consumed within the outdoor service area unless the liquor,
beer, or wine license, whichever is applicable, as issued by the Village,
explicitly includes the outdoor service area as part of the licensed
premises.
(5)
The entrance to service area if alcoholic beverages are served. If
alcoholic beverages are served, the entrance or entrances to the outdoor
service area shall be exclusively through the restaurant or tavern,
and a barrier such as a fence or railing system shall be erected to
prevent entry to the outdoor service area by any other means.
(6)
Restroom requirements. The restroom facilities in the restaurant or tavern shall be in compliance with all federal, state, county, and local laws and regulations. Temporary toilet facilities for special events require approval by the Village Plan Commission and Village Board through a site plan and plan of operation in accordance with § 300-6F. A sanitary permit may be required by Waukesha County. Environmental Health.
A.
Junk. As defined by this code, junk shall at all times be stored
in an enclosed building thereby securing it from the view of the public
and adjacent property owners.
(1)
Section 300-15 is not intended to regulate or place limitations on any properly zoned junk yard, salvage dealer, or other junk, waste disposal or storage activity for which a valid license from the State of Wisconsin or other necessary municipal issuing authority is required and proper permits have been issued and all such licenses and permits are in full force and effect and the operation is in full compliance therewith.
(2)
Section 300-15 is not intended to regulate or place limitations on the storage of idle but operable farm equipment on farms greater than 35 contiguous acres or the storage of inoperative or abandoned farm equipment on farms greater than 35 contiguous acres if such inoperative or abandoned farm equipment is screened from view of the public and adjacent property owners by a natural or man-made visual barrier.
(3)
Section 300-15 is not intended to regulate or place limitations on the storage of idle but operative snow removal vehicles or equipment or lawn mowing equipment.
B.
Junked vehicles. A motor vehicle, as defined herein, which is no
longer licensed, which has been abandoned, disassembled, is incapable
of self-propulsion on a public right-of-way, disabled, junked, or
wrecked shall not be stored anywhere on any premises, except in an
authorized salvage yard, or completely enclosed in a structure.
C.
No undesirable structures. No building or structure shall be erected,
structurally altered, or relocated in a manner which shall be of such
character as to adversely affect the nearby properties or general
desirability of the neighborhood.
(1)
If a question arises about a building or structure, the issue shall
be submitted by the Village Building Inspector to the Village Plan
Commission for its review.
(2)
A determination by the Village Plan Commission, shall be made and
stated in writing, including the reason for denying a permit or conditions
of approval for a permit, and may be based upon considerations that
the design or appearance is of such an unorthodox or abnormal character
as to have an adverse effect on the nearby properties or general desirability
of the neighborhood.
A.
Continuance of use.
(1)
Any lawfully established construction of a building or structure
at the time of the enactment of this code or any amendment applicable
thereto that does not conform to the dimensional regulations for the
district in which it is located shall be deemed a legal nonconforming
structure and may be continued, except as otherwise provided herein.
(2)
Any lawfully established use of a building, structure or land at
the time of the enactment of this code or any amendment applicable
thereto that does not conform to the use regulations for the district
in which it is located shall be deemed to be a legal nonconforming
use and may be continued, except as otherwise provided herein.
(3)
Any lawfully established lot or parcel of land at the time of enactment
of this code or any amendment thereto which does not meet the requirements
for the district in which it is located shall be deemed to be a legal
nonconforming lot and may be used in accordance with this code and
as provided herein.
B.
Regulation. For the purposes of administration, legal nonconforming
structures, uses and lots shall be classified and regulated as follows:
(1)
Existing nonconforming structures. A lawful structure which existed
at the time of the adoption or amendment of this code may be continued
as a legal nonconforming structure, although the structure size or
location does not conform to all the requirements of this code; however:
(a)
A legal nonconforming structure containing conforming uses may
be repaired, maintained, renovated, remodeled, or totally rebuilt
if, and only if, such work is identical in respect to the size, height,
location, footprint, and use of the original structure. The size of
the structure may be larger than the size immediately before the damage
or destruction occurred if necessary for the structure to comply with
applicable state or federal requirements.
(b)
A legal nonconforming structure containing conforming uses,
subject to approval of a special exception by the Village Plan Commission,
may be reduced in size, may have its shape modified, may have its
height lowered, and may have its style modified, as long as the proposed
structure does not increase any nonconformity.
(c)
A legal nonconforming structure containing conforming uses,
subject to approval of a special exception by the Village Plan Commission,
may be increased in size, may be increased in shape, may be increased
in height, and the location and footprint may be modified, provided
any increase or change conforms to the requirements of this code.
(d)
A legal nonconforming structure containing conforming uses is
not prohibited, or limited based on cost, the repair, maintenance,
renovation, or remodeling of the structure.
(e)
Regardless of the foregoing provisions in this § 300-16, the footprint of a legal nonconforming primary residence with conforming uses, subject to approval of a special exception by the Village Plan Commission, may be expanded into areas of the lot where the expansion fully complies with all offset and setback requirements of the district in which it is located, provided that the expansion is otherwise in compliance with all other applicable laws, including but not limited, to Ch. NR 115, Wis. Adm. Code. In passing upon such matter, the Village Plan Commission shall consider all the following factors: the size of the lot; the size and location of the existing legal nonconforming structure; the size and location of any other structure on the lot; the size and location of the proposed expansion; the impact, if any, that the expansion may have upon neighboring properties; whether the proposed expansion would violate the intent of this code and such other matters as the Village Plan Commission and finds to be relevant in the interest of the public health, safety, welfare, and be compatible with other properties in the area of the Village.
(2)
Nonconforming use of structures and lands. A lawful use which existed
at the time of the adoption or amendment of this code may be continued
as a legal nonconforming use, although the use of the structure and
land does not conform with the provisions of this code; however:
(a)
No such use may be expanded or enlarged.
(b)
Upon petition to and approval of the Village Plan Commission,
such use may be changed to another use provided the Village Plan Commission
determines that the new use would not result in a greater degree of
nonconformity than the current use.
(c)
When any such use is discontinued for 12 consecutive months,
any future use of the land or structure shall conform to the use regulations
of the applicable district.
(d)
When a structure which houses such nonconforming use is damaged
beyond 50% of its present equalized assessed value, it shall be restored
for any use in conformity with the applicable district regulations.
(e)
Total structural repairs or alterations to a structure housing
a nonconforming use shall not exceed, on an accumulative percentage
basis, 50% of the present equalized assessed value of the structure,
unless permanently changed to a conforming use.
(3)
Nonconforming lots.
(a)
General. The size and shape of such lots shall not be altered
in any way which would increase the degree of such nonconformity to
the applicable district regulations.
(b)
Building on legal nonconforming lots accessed by a private street
or way. Subject to the approval of a special exception by the Village
Plan Commission, the construction of one principal residence on a
legal nonconforming lot may be permitted on a tract of land that does
not front or abut a public street or cul-de-sac subject to the following
conditions:
[1]
The tract of land is a minimum of three acres;
[2]
The tract of land has a minimum lot width of 200 feet;
[3]
The tract of land has access by a permanent easement of at least
33 feet in width to a public street.
[4]
The proposed driveway shall be constructed to Village standards,
as identified by the Village Engineer and Vernon Fire Department Chief,
or their designees.
[5]
In addition to the above, if more than one legal nonconforming
lot is accessed by a permanent easement, the easement must be a minimum
of 66 feet in width to a public street.
C.
Conditional use status.
(1)
Establishment. Subject to the requirements of § 300-22A, conditional use status shall be granted to existing legal nonconforming uses, structures or lots upon petition of the owner and where such use, structure or lot is determined by the Village Board, upon receipt of a recommendation from the Village Plan Commission, to be not adverse to the public health, safety, or welfare; not in conflict with the spirit or intent of the Code; and not otherwise detrimental to the community and particularly the surrounding neighborhood. Such conditional use status shall be granted only with the recommendation of the Village Plan Commission and approval of the Village Board following a joint public hearing in the manner provided in § 300-22A(2).
(2)
Expansion. The Village Board, upon receipt of a recommendation from the Village Plan Commission, may permit the expansion of legal nonconforming uses and structures granted conditional use status through the conditional use review process per § 300-22A to include:
(a)
New uses or expanded existing uses provided any new use is a permitted or conditional use allowed in the zoning district. A waiver from the dimensional standards for specific conditional uses outlined in § 300-22B within existing legal nonconforming buildings may be considered.
(b)
New structures or expanded structures provided any new structure
or the expanded portion of any structure meets all dimensional and
area requirements of the zoning district and ordinance.
D.
State law. Any applicable restriction in this code which prohibits
restoration of a damaged or destroyed nonconforming structure shall
not apply to the extent that § 62.23(7)(hc), Wis. Stats.,
applies to such restoration, including such amendments and renumbering
of such statute as may be made from time to time.
A.
Exterior lighting of properties and buildings and shall be designed so that illumination is not directed off-site and the light source is shielded from direct off-site viewing. Decorative light fixtures 12 feet or less in height without shielding shall be permitted on residential and agricultural properties and may be considered for approval for commercial, industrial and public and institutional properties per the site plan and plan of operation review process per § 300-6F.
B.
The maximum height for pole-mounted light fixtures shall be 25 feet.
