Village of Vernon, WI Conditional Uses

Application for conditional use permits may be made by an individual property owner, group of owners, by a municipality, or similar agency on behalf of a larger property area where said proposal may benefit a larger group or entire community. Application shall be made to the Village Clerk or designee and shall include:

Completed conditional use application form available from the Village Clerk.

A site plan and plan of operation in accordance with § 300-6F.

Additional information as may be required by the Village Planner, Village Engineer, Village Attorney, the Village Plan Commission, or Village Board.

A fee, as may be established by the Village Board and periodically modified, shall accompany each application. Such fees shall be paid to the Village of Vernon to defray the cost of official notification and posting of the public hearing. Cost incurred by the Village in obtaining legal, planning, engineering, publication, and notice requirements, and other technical and professional advice in connection with review of the conditional use applications and preparation of conditions to be imposed on such uses, shall be charged to the applicant, and, if required by the Village, a prepayment deposit covering the costs shall accompany the application.

Where necessary, to comply with certain regulations established by applicable laws, applications shall be required to be submitted to the other governmental bodies having jurisdiction which may include the State Department of Natural Resources, the United States Army Corps of Engineers, and/or Waukesha County.

(2)

Public hearing.

Upon receipt of the application, the foregoing data and fees, the Village Clerk shall establish a date for a public hearing by the Village Plan Commission meeting jointly with the Village Board, and shall publish notice of said hearing once each week for two consecutive weeks in a newspaper of general circulation in the area of the proposed conditional use. The Village Clerk, or designee, shall give notice of the public hearing by first class mail to the owners of all lands within 500 feet of any part of the land included in such conditional use at least 15 days before such public hearing. If the applicant is a governmental entity or group of property owners and the area affected by the proposed conditional use is so large such that the Village Plan Commission finds the first class mail notice to the owners within 500 feet to be unnecessarily burdensome, the Village Plan Commission may waive the first class mail notice requirement. The Village shall place a sign in front of the subject property stating the conditional use and public hearing request, visible from public road, at least 15 days in advance of the hearing.

A copy of the notice of public hearing along with pertinent information relative to the specific nature of the matter (copy of application and map) shall be transmitted without delay to any other governmental agencies having jurisdiction by first class mail not less than seven days prior to the date of the public hearing. Testimony of all interested parties will be received at the public hearing and the Village Plan Commission shall take action within a reasonable time to either recommend approval or denial of the application along with any recommended conditions of approval or reasons for recommending denial.

(3)

Final review and approval. The Village Plan Commission shall review the proposal as submitted along with requirements as may be established or recommended by other governing bodies having jurisdiction. The Village Board, upon receipt of a recommendation from the Plan Commission, shall approve or deny the application. If the Village Board approves the conditional use, any conditions imposed by the Village shall be made an integral part of the conditional use permit. The applicant shall comply with these conditions, and any failure to comply with the conditions set forth in the conditional use permit shall constitute a violation of the terms of the conditional use permit. Such violation shall constitute a violation of this code and will be subject to prosecution and penalties under the terms of this code.

(4)

Basis of approval.

The determination of whether to approve or deny or conditionally approve such conditional use shall be made by the Village Board, upon receipt of a recommendation from the Plan Commission, and shall be based on substantial evidence. Substantial evidence means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion. Any condition imposed by the Village must relate to the purpose of the ordinance, be reasonable, and to the extent practicable, measurable. Conditions shall be established to ensure that the proposed use will not:

Violate the spirit or intent of the Village of Vernon Comprehensive Plan or this code.

Be contrary to the public health, safety or general welfare.

Be hazardous, harmful, noxious, offensive or a nuisance by reason of appearance, noise, dust, smoke, odor or other similar factors.

Except as may be specifically otherwise provided for by this code, any such use shall conform to any building location, height, and area regulations of the district in which it is located.

(5)

Determination. The conditional use review may include, but not be limited to, the site, neighboring uses, size, location and use of existing and proposed structures, architecture, parking, driveway locations, access and circulation, traffic generation, drainage, sewer and water systems, potential impact on surrounding property values, and the proposed site plan and plan of operations. Conditions such as, but not limited to, landscaping and buffers, architectural design, lighting, traffic circulation and access, parking requirements, increased setbacks and offsets, natural resource protection, phasing, sureties, operational control, hours of operation, deed restrictions, and permit duration may be established. Any conditions as may be deemed necessary by the federal government, the state, or county shall be made an integral part of the permit. Any conditions imposed by the Village must be related to the purpose and intent of this code and shall be based on substantial evidence. If an applicant demonstrates through substantial evidence that they meet or agree to meet all requirements and conditions specified in the ordinance, or those imposed by the Village, and no substantial evidence to the contrary is provided, the conditional use permit shall be granted. The action of the Village Board, upon receipt of a recommendation from the Plan Commission, shall include reasons for approval or denial. Any approval shall include: an accurate description of the use permitted, the property on which permitted, and any conditions made applicable thereto. If a conditional use permit is approved, it shall be issued upon compliance with all conditions of approval and the recording of the conditional use agreement in the Waukesha County Register of Deeds Office. The conditional use agreement must be signed by the owner and applicant, and the Village President and Village Clerk. The grant of such permit shall be applicable solely to the structures, use and property so described.

(6)

Application for change or extension of conditional use permits. Any change, addition, modification, alteration and/or amendment of any aspect of a conditional use granted by the Village Board, upon receipt of a recommendation from the Plan Commission, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises, structures, lands or owners, other than as specifically authorized by the conditional use permit conditions, shall require a new conditional use permit and all procedures in place at the time must be followed. Unless the conditional use permit conditions expressly state otherwise, plans that are specifically required by the conditional use order may be amended upon the prior approval of the Village Board, upon receipt of a recommendation from the Plan Commission, if the Village Board finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the Village Board finds in its sole discretion to be substantial shall require an amendment to the conditional use permit, and all procedures in place must be followed.

(7)

Review of conditional use permit. All conditional use permits shall be reviewed every two years by Village staff in order to determine conformance with the provisions of the permit and its compatibility with the adjacent land uses. If it is determined that the conditional use permit is no longer compatible, or that the provisions of the permit have not been complied with, the conditional use permit may be revoked or amended in accordance with the procedures outlined in this code.

(8)

Transfer of conditional use permit. Conditional use permits may not be transferred without the issuance of a new conditional use permit following the procedures in place at that time with the exception of assignment of rights as permitted under § 300-22B(11)(c)(3)(h)[xxvii].

(9)

Termination of conditional use permit. Conditional use permit may be terminated as follows:

The conditional use permit may be terminated on request when the applicant or holder of the conditional use permit and the property owner make a request in writing to the Village Plan Commission and Village Board that the conditional use be terminated and the Village Board, upon receipt of a recommendation from the Plan Commission, agrees to terminate said conditional use permit and notice of said termination of the conditional use permit is recorded in the Waukesha County Register of Deeds Office; or

The conditional use permit may be terminated after public hearing and a Class 2 notice is published, and notice is provided to the applicant or holder of the conditional use permit and the owner of the subject property, upon the Village Board determining any of the following:

The conditional use has not continued in conformity with the conditions of the permit.

A change in the character of the surrounding area or if the conditional use itself causes it to be no longer compatible with surrounding uses.

The conditional use has been discontinued for a period of 12 consecutive or 18 cumulative months during a three-year period. A business of seasonal nature shall not be deemed discontinued during periods in which it is normally inactive (i.e., summer camps, ski hills, quarries, marinas, etc.).

Upon determination or finding by the Village Board, upon receipt of a recommendation from the Plan Commission, that the use must be terminated the owner of the premises shall be required to bring all lands and structures into conformity with the permitted use regulation of the applicable district in which the property is located within 60 days from such determination, unless such time is extended by mutual agreement of the Village Board and the owner. Upon determination or finding by the Village Board, upon receipt of a recommendation from the Plan Commission, that changes in use or conditions of use are found to be more appropriate by the Village Board, any changes or required improvements or changes to use or operation as set forth by the Village Board shall be made within 60 days unless such time is specifically extended by mutual agreement of the Village Board and owner.

The conditional use permit may be terminated as specified in the provisions of the conditional use permit.

(10)

Continuation of existing conditional permits. Any conditional use permit granted pursuant to conditional use authority that has since been repealed and that was in effect, and the use was legally in operation on the date of such repeal, that is no longer a permitted conditional use of the property, shall be allowed to continue as a conditional use subject to all conditions stated in the conditional use order. Any such conditional use permit that requires compliance with a section of the Village of Vernon Zoning Code that has since been repealed, shall continue to require compliance with the referenced code section as it existed immediately prior to such repeal and the repeal of such provision is stayed solely for such existing conditional use permit(s). These continuation provisions are intended to preserve the status quo for all rights and responsibilities incurred or accrued prior to the adoption of this code. Nothing herein shall be interpreted to prevent existing conditional use permit holders from applying to amend their conditional use pursuant to all laws in effect at the time of the application, or as set forth in the conditional use permit including those amendments requiring a public hearing. The conditional use shall remain in effect until the permit is terminated according to § 300-22A(9).

Conditional uses permitted. Subject to the foregoing, in addition to such uses enumerated in the district regulations, the following may be permitted conditional uses in the districts specified, provided that a public hearing per § 300-46 shall be held jointly by the Village Plan Commission and Village Board before approval for any such conditional use is granted.

(1)

Adult-oriented establishments. See Exhibit A,[1] in addition to the following:

Adult-oriented establishment shall comply with the provisions of Chapter 105 in the Code of the Village of Vernon, and any amendments to or renumbering of Chapter 105 in the Code of the Village of Vernon.

Adult-oriented establishment shall be located at least 1,000 feet from:

Any residential district;

Any playground lot line or public park lot line;

Any place of religious worship or public or private school, or day-care facility;

Any other structure housing an adult-oriented establishment; and

Any structure housing an establishment which holds an alcohol beverage license.

Distance requirements are to be measured in a straight line in any direction regardless of intervening structures, from the structure housing the adult-oriented establishment to the lot lines of any structure listed in § 300-22B(1)(b) above.

The measurements from a structure shall be taken from the farthest point a structure extends in the direction of the measurement, excluding a roof overhang measuring 24 inches or less.

For adult-oriented establishments located in conjunction with other buildings such as in a shopping center, and clearly separate from other establishments, measurements shall be taken from the boundaries of the space occupied by the adult-oriented establishment.

For any adult-oriented establishment located aboveground level in a multistory structure and clearly separate from other establishments within the structure, the distance measurements shall be taken from the ground floor public entrance/exit nearest the adult-oriented establishment (excluding emergency exits).

A licensed adult-oriented establishment is not disqualified from holding an adult-oriented establishment license by the subsequent location of any of the establishments described in § 300-22B(1)(b), above, within 1,000 feet of the licensed premises after the grant or renewal of its license. This provision applies only to renewal of an existing license and does not apply when an application for a license is submitted after a license for that location has not been renewed or has been revoked.

Editor's Note: Exhibit A is included as an attachment to this chapter.

(2)

Bed-and-breakfast: See Exhibit A,[2] in addition to the following:

Modification of the structure or grounds may be made only if such changes are compatible with the character of the area or neighborhood and the intent of the applicable district in which it is located.

Off-street parking shall be provided at the rate of one parking space for each room rented. The front yard shall not be for off-street parking for temporary guests unless the parking area is screened from view with natural plant material, and found to be compatible with the neighborhood.

The number of rooms shall be limited to five sleep-in rooms or less, excluding those used by the occupants of the facility, and no room may contain more than two beds.

One on-premises sign may be allowed provided that such sign is not more than 16 square feet in size.

All necessary state and county permits, certifications, or requirements shall be obtained as a condition of approval of a bed-and-breakfast service.

Room rentals to families or individuals shall not exceed 14 consecutive days.

The bed-and-breakfast facility must be accessory to and contained within the single-family dwelling occupied by the owner (e.g., not a manager) of said premises.

The only meal to be provided to travelers/guests shall be breakfast and it shall only be served to guests taking lodging in the facility.

The applicant shall provide written proof to the Village Building Inspector that the Waukesha County Environmental Health Division has examined both the water system and the sewage disposal system, and has made a general health and safety inspection of the proposed facility, and has granted its approval. The Waukesha County Environmental Health Division may impose any conditions required to ensure that all necessary health and safety standards have been met. The Village Building Inspector shall withhold all building permits until the Waukesha County Environmental Health Division provides documentation to the Village Building Inspector that the necessary inspections have been completed and any deficiencies have been corrected and all conditions have been satisfied.

Editor's Note: Exhibit A is included as an attachment to this chapter.

(3)

Commercial vehicle parking. See Exhibit A,[3] in addition to the following:

The parking and storage of commercial-type vehicles (dump trucks, school buses, construction vehicles, semitrailers and tractors, cube vans and box trucks) may be allowed as long as the vehicle is owned or leased and operated by the owner or occupant of the premises. No such use shall be allowed on any parcel except as may front directly upon and have access to an arterial or major collector street, as defined in the county-established street and highway width map.

No more than one such vehicle shall be allowed to be parked or stored on the occupant's property and no more than two additional construction vehicles (backhoes, front end loaders, grading equipment, etc.) shall be allowed. Such vehicles shall be fully operative and in active use. Where considered appropriate, two trailers may be allowed but in no case may there be more than one semitractor or cab unit.

No such vehicles shall be allowed to be parked or stored closer than 50 feet to any adjacent lot line and not closer than 100 feet from the base setback line. In the case of a refrigerator truck, the refrigeration unit may not be operated in the open if such truck is parked closer than 500 feet to the nearest neighboring residential property line.

In determining whether or not the proposed conditional use permit should be issued, a determination of compatibility with adjacent land uses shall be made by the Village Board, upon receipt of a recommendation from the Plan Commission, in issuing this conditional use permit. If it is determined that it would be incompatible and represents an adverse effect or nuisance to adjacent land uses, the conditional use permit will not be issued.

Editor's Note: Exhibit A is included as an attachment to this chapter.

(4)

Contractor's yard: See Exhibit A,[4] in addition to the following:

The minimum lot area shall be at least five acres in all districts where allowed, except the B-3 and I-1 Districts where the minimum lot area shall be three acres.

All buildings used in the conduct of the business shall be located at least 100 feet from the lot line of an adjoining lot in a residential district or at least 50 feet from a lot line of an adjoining lot in any other district.

No such use shall be allowed on any parcel, except as may front directly upon and have access to an arterial or major collector street, as defined in this code.

A planting screen at least 10 feet high in initial height shall be provided between any abutting property line and the proposed use. The Village Plan Commission or Village Board may increase or decrease the planting screen requirements based on location and compatibility of zoning and use with abutting properties.

In determining whether or not the proposed conditional use should be approved, the Village Board, upon receipt of a recommendation from the Plan Commission, shall make a determination that the proposed conditional use is compatible with adjacent land uses. If it is determined that the proposed conditional use would in any way be incompatible with the adjacent land uses or represent an adverse effect or nuisance to adjacent land uses, the proposed conditional use shall not be approved.

Editor's Note: Exhibit A is included as an attachment to this chapter.

(5)

Conversions. This conditional use permit is required whenever items (i.e., machinery equipment, vehicles, boats, furniture and similar items) that are not owned by the lot owner or by a person lawfully residing on the lot are stored in existing barns or farm buildings existing as of December 9, 2020, not to be expanded beyond footprint of existing buildings, and for which the owner of said items pays rent for the storage of said items. See Exhibit A,[5] in addition to the following:

No such use shall be permitted on parcels less than three acres in size.

The use, if it is allowed, will be allowed only in buildings as they exist on the premises on the effective date of this code from which this section is derived, except as otherwise described in this code.

The parcel must have access to an arterial or collector street as defined on the Official Map of the Village of Vernon.

There shall be no outside storage allowed. Storage of machinery, vehicles, equipment, boats, furniture or other similar items outside overnight shall be considered a violation of the terms of any conditional use permit issued under these provisions and grounds for termination of such permit.

Signs shall comply with the regulations of the applicable district.

A detailed landscaping plan indicating the size, type, location and time table for installation shall be submitted and approved by the Village Board, upon receipt of a recommendation from the Plan Commission, prior to issuance of the conditional use permit, unless waived by the Village Plan Commission and Village Board.

The buildings and grounds shall be maintained in a neat, attractive and orderly way.

In determining whether or not the proposed conditional use permit shall be recommended, a determination of compatibility with adjacent land uses shall be made by the Village Board, upon receipt of a recommendation from the Plan Commission.

When the proposed use includes the storage of equipment and vehicles normally associated with an ongoing business, the use shall be explicitly for storage. There shall be no office permitted on such premises, nor shall the building be occupied for any reason other than periodic pickup and return of equipment on a seasonal basis.

Editor's Note: Exhibit A is included as an attachment to this chapter.

(6)

Event barns. An event barn shall be defined as one or more existing agricultural building(s) originally constructed prior to June 12, 2019, for bona fide agricultural purposes and may be presently part of a functioning farm or may be remaining buildings following the termination of farming activities. An event barn may be used by individuals or groups, for a rental fee or other form of remuneration, to accommodate private functions. A "private function" is defined as an event held with a defined guest list and not open to the general public on the day of the event. Consequently, walk-in attendees or general open hours of the premises are not allowed. Advertisement to members of the general public, who then become part of a guest list for the private function, does not make the function itself open to the general public and therefore permissible under this definition. Such events may include private functions hosted by the permit holder(s) for individuals or groups as part of a defined guest list. Such a use may include designated outdoor areas on the same lot as the agricultural buildings for event barn activities, kitchen facilities for the preparation or catering of food, and the serving of alcoholic beverages for on-premises consumption only during scheduled events, and shall not be open to the general public.

[Amended 2-2-2023 by Ord. No. 2023-06]

The minimum lot area shall be 20 acres.

No building, structure, or outdoor use associated with the event shall be located less than 100 feet from any adjacent lot line permitting a residential use except as follows. No parking to be located less than 50 feet from any adjacent lot line permitting a residential use. No building, structure, outdoor use or parking associated with the event shall be located less than 250 feet from any residence not owned by the applicant.

The operator of the event barn shall reside on the same lot as the event barn or a lot immediately adjacent.

The subject property must abut directly upon an arterial or collector street as defined in § 200-9 of the Village of Vernon Code of Ordinances and the event access to the parcel shall be from the arterial or collector street. Property access on a collector street shall be no further than one mile from an arterial street.

Events must be served by a private onsite waste system (not including portable facilities) and a private onsite well, a municipal sewer system and municipal water system, or a combination of both. Restroom facilities associated with the private waste system shall be located within the event barn. Private systems shall be sized appropriately for the building occupancy and approved by Waukesha County Environmental Health.

Events shall be limited to no more than one event per day with no more than three events per calendar week. For the purpose of this condition, an individual event shall include one entire occasion. For example, a scenario in which a renter reserves the site for a Saturday wedding but is also on site for a Friday rehearsal and Sunday gift opening would be counted as one event.

There shall be no more than 300 attendees per event. "Attendees" includes all persons present at any time including employees, catering services and other support service providers, property owners, staff, operators, hosts, guests and invitees without limitation. Use of structures and capacity is required to comply with all federal, state and local fire and building code regulations.

Events shall not begin prior to 8:00 a.m. or continue past 11:59 p.m. on Friday and Saturday, and shall not begin prior to 8:00 a.m. or continue past 10:00 p.m. Sunday through Thursday. These limitations apply to set-up and takedown activities associated with an event and the arrival and departure of attendees.

Alcohol shall not be served past 11:00 p.m. on Friday and Saturday and 9:00 p.m. on Sunday through Thursday.

(j)

No sale of alcohol is permitted unless an alcohol beverage license for the event barn is obtained from the Village of Vernon.

(k)

There shall be no outdoor sound amplification devices used in association with outdoor event areas before 9:00 a.m. or after 8:00 p.m. There shall be no sound amplification within buildings before 9:00 a.m. or after 11:00 p.m. Sound amplification devices shall be located at least 100 feet from all property lines and directed to minimize impact to adjacent properties, and shall comply with Chapter 221 (Noise) of the Village of Vernon Code of Ordinances. There shall be no exception for the event barn operation as an activity or event under § 221-2A(11).

(l)

Exterior lighting to be used in association with events shall not exceed 15 feet in height above the ground and light sources shall not be visible from the lot lines measured five feet above the lot line.

(m)

There shall be no open fires associated with the operation except where approved by the Village of Vernon Village Planner, in writing, within specifically designated locations.

(n)

The minimum number of parking spaces shall be equal to one parking stall per three attendees, as defined above. At no time shall the number of attendees exceed three times the number of stalls.

(o)

All parking areas shall be clearly defined and designed with appropriate surface materials determined by the Village Plan Commission based on surrounding aesthetic character and uses, topography and drainage, and potential for dust.

(p)

There shall be no parking associated with the event barn on any public road.

(q)

Any area occupied by outdoor tents shall not exceed the square footage of the event barn.

(r)

The Plan Commission may require landscaping/screening for parking and outdoor areas used in conjunction with events to provide buffering for adjacent residential uses.

(s)

The exterior of buildings to be used for event activities may be repaired or refurbished, but shall not be substantially modified as to significantly alter the character as determined by the Village Plan Commission.

(t)

The floor area of an existing building to be used for event activities may be expanded for event activities by no more than 10% provided all building and zoning requirements are satisfied. This does not include alterations made to accommodate for items such as access or circulation, which will be considered on a case by case basis.

(u)

The proposed event barn including the site plan and access shall be reviewed by the Village of Vernon Fire Department Chief (or designee). The event barn and property shall comply with any and all recommendations provided by the Fire Chief (or designee). Such inspection is for the Village's purposes and shall not be relied upon by the property owner as any assurance of safety nor of compliance with all applicable laws, which shall be solely the responsibility of the owner and event barn operator.

(v)

The event barn conditional use permit shall be reviewed every two years by the Village Plan Commission to determine compliance with the conditions and requirements of the permit and may be terminated in accordance with § 300-22A(9)(b) of the Village of Vernon Code of Ordinances.

(w)

The Plan Commission at its sole discretion and in accordance with the flexibility afforded in § 300-12D, specifically as it relates to §§ 300-12A(2), (4), (6), and 300-9B(6), may modify requirements related to site access including driveway dimension, setbacks, width and appropriate surface materials. In addition to the standards described in § 300-12D, modification shall be based on a specific site's: existing conditions including offsets and setbacks, existing improvements including surface materials, surrounding aesthetic character and uses, topography and drainage, and potential for dust. The Plan Commission may require additional landscaping/screening for the parking lot and access areas per Subsection B(6)(r). All site access modification by the Plan Commission requires review and approval by the Vernon Fire Department Chief (or designee) per Subsection B(6)(u).

(7)

Feed lot operation, fur farms, pig farms, and egg production facilities. This conditional use category is created in recognition of the potential which exists in these uses for uncontrolled runoff and animal waste, pollution of surface and groundwater and potential for such uses to be a nuisance. See Exhibit A,[6] in addition to the following:

General requirements.

No operation, farm or facility shall be permitted on less than 35 acres of tillable land nor closer than 1,000 feet from any land presently zoned for a residential district.

No accessory residence shall be permitted closer than 100 feet to an operation, farm or facility.

No part of the operation, farm or facility shall be closer than 300 feet from the centerline of any public road or closer than 200 feet from the lot lines of the site on which the operation, farm or facility is situated.

Information to be submitted.

A site plan showing drainage, structures, and the methods to be employed to control, contain or divert runoff of animal wastes.

A plan of operation detailing the method of operation and the equipment necessary to accomplish safe and sanitary disposal of animal wastes. Farmers are encouraged to seek advice from Waukesha County, Wisconsin Department of Natural Resources (WisDNR), or applicable agencies.

A statement of the number of animals to be contained in the proposed animal feed lot. This plan shall include numbers, type and weights. Any increase in the number of animal units for a period of more than 30 days shall be reported to the Village Plan Commission and Village Board.

A statement detailing the method of animal collection, storage and disposal to be employed.

A waste management plan approved by Waukesha County, Wisconsin Department of Natural Resources (WisDNR), or applicable agencies.

[6]

Editor's Note: Exhibit A is included as an attachment to this chapter.

(8)

In-law units. See Exhibit A,[7] in addition to the following:

The applicant shall provide written proof to the Village Building Inspector that Waukesha County has certified that the septic system will accommodate the proposed use.

The maximum living area in an in-law unit shall not exceed 800 square feet for a one-bedroom unit and 1,000 square feet for a two-bedroom unit.

There shall be adequate parking for the in-law unit.

The architecture of the residence shall be compatible with the adjacent residential neighborhood and should appear to be a single-family residence. All other appropriate district requirements for the principal living unit shall apply. A common entrance to the residence and in-law unit shall be designed into the structure so that the structure does not appear to be a duplex.

There shall be an interior opening between the residence and in-law unit.

A deed restriction shall be filed in the Waukesha County Register of Deeds Office prior to issuance of the building permit indicating that this living unit is for family members of the principal dwelling unit only. This deed restriction shall state the in-law unit is to be occupied by persons related by blood or marriage to the family occupying the principal unit. The deed restriction shall require that the in-law unit be removed and the dwelling restored to a single housekeeping entity upon termination of the occupancy of the in-law unit by persons related by blood or marriage to the family occupying the principal unit.

[7]

Editor's Note: Exhibit A is included as an attachment to this chapter.

(9)

Landscaping, lawn, greenhouse and garden businesses. See Exhibit A,[8] in addition to the following:

All buildings used in the conduct of the business shall be located at least 150 feet from the lot line of an adjoining lot in a residential district or at least 50 feet from a lot line of an adjoining lot in any other district.

No such use shall be allowed on any parcel except as may front directly upon and have access to an arterial or major collector street, as defined in this code.

A planting screen at least 10 feet in initial height and 15 feet wide shall be provided between any abutting property line and the proposed use. The Village Board, upon receipt of a recommendation from the Plan Commission, may increase or decrease the planting screen requirements based on location and compatibility of zoning and use with abutting properties.

In determining whether or not the proposed conditional use should be approved, the Village Board, upon receipt of a recommendation from the Village Plan Commission, shall make a determination that the proposed conditional use is compatible with adjacent land uses and the surrounding area as it relates to noise, traffic, dust, hours of operation, etc. If it is determined that the proposed conditional use would in any way be incompatible with the adjacent land uses, conflict with future development of the area, or represent an adverse effect or nuisance to adjacent land uses, the proposed conditional use shall not be approved.

A site plan and plan of operation application in accordance with § 300-6F shall include the type and quantity of equipment and vehicles owned or leased by the property owner, the location and type of storage of materials, location of all greenhouses, shade houses and storage bins, parking areas for customers and employees, signs, toilet facilities, fuel storage facilities, landscaping and lighting plans, dumpsters, and hours of operation.

The landscaping, lawn, greenhouse and garden business is restricted to a service-oriented business and is prohibited from manufacturing or assembling products. The sale of products on the premises which are not produced on the subject property is prohibited unless expressly permitted or permitted subject to specific conditions in the conditional use permit (e.g., mulch, fertilizer, decorative stone, plants).

The design and size of the structures used in the operation of the business shall be subject to conditions in the conditional use permit.

All offices, vehicle storage, greenhouses, shade houses, storage bins, maintenance or service facilities, hazardous chemical or salt storage facilities shall comply with all applicable federal, state, county, and Village regulations.

[8]

Editor's Note: Exhibit A is included as an attachment to this chapter.

(10)

Planned unit development.

Intent and purpose. Due to increased urbanization and the associated greater demands for open space and the need to create a more desired and creative living environment than would result through the strict application of the standard zoning requirements, it is herein provided that there be flexibility in the regulations governing the development of land. This district is intended to encourage planned unit development in directions which will recognize both the changes in design and technology in the building industry and the new demands in the housing market. It is intended that these provisions create imaginative and interesting communities with substantial open area owned in common or dedicated to the public and for the enjoyment of the residents, and will encourage a more efficient and desirable use of the land and open space areas, thereby resulting in more variety of the physical development of the Village. An overall development plan showing how the above objectives are to be achieved must be submitted to the Village Plan Commission for review and approval. No portions of any buildings or structures, to the greatest extent practical, shall be allowed in the CO, ECO, or HGO Districts. See Exhibit A,[9] in addition to the following:

[9]

Editor's Note: Exhibit A is included as an attachment to this chapter.

Regulations.

The unified and planned development of a site, in single, corporate ownership, or common ownership under the Condominium Ownership Act (§ 703.01 et seq., Wis. Stats.) at the time of development, may be permitted in a planned development without the customary division into individual lots and without requiring strict compliance to the specific district regulations, subject to the requirements of these provisions. Lot size, offset, setback, height, open space, building location, and building footprint requirements may be modified according to the following conditions:

All sanitary and water provisions are in conformance with the requirements of the State Department of Commerce and/or Waukesha County Environmental Health Division.

The proposed development is in conformity with the Village Comprehensive Plan, is not contrary to the general welfare or economic balance of the community and that the benefits and amenities of the resultant development justify the variation from the normal requirements of the district in which it is located.

All other requirements of the planned development are met as set forth in this code.

Required standards as established by the Village relative to road design, drainage or other engineering parameters may be modified subject to the conditions of approval as long as such modifications are consistent with good engineering practice and the approval of the Village Plan Commission.

Residential planned unit development.

The following table may be utilized to compute the maximum dwelling unit density requirements of the PUD, except that areas which are Upland, Primary or Secondary Environmental Corridors are also subject to § 300-22B(21)(c)[2] below.

A-1a	120,000 square feet (2.75 acres) per dwelling unit
A-2	120,000 square feet (2.75 acres) per dwelling unit
A-3	80,000 square feet (1.84 acres) per dwelling unit
A-5	200,000 square feet (4.59 acres) per dwelling unit
ECO	5 acres per dwelling unit *
R-1	39,000 square feet (0.89 acres) per dwelling unit
R-2	25,000 square feet (0.57 acres) per dwelling unit
R-3	15,000 square feet (0.34 acres) per dwelling unit

NOTE:
*	If all of the upland, primary and secondary environmental corridor are preserved in their entirety within the public open space or common open space and preserved in their natural state, the density of one unit per five acres may be added to the maximum number of dwelling units derived from utilizing the table above.

Lands currently zoned CO or HGO District may not be used in formulating the density of the project.

Public open space or common open space shall be of a size and shape to provide an integrated system of open spaces to the greatest extent possible and to provide protection of environmentally significant lands: they shall not consist of long, narrow bands or corridors, but shall be larger blocks or wide corridors of land, usually not less than one acre in area. Corridors linking large blocks of public open space or common open space shall be not less than 50 feet in width to provide adequate buffers from adjacent residential lots. The size, shape and location of said public open space or common open space shall be subject to review and approval of the Village Plan Commission in order to qualify the project for consideration as a PUD public open space or common open space shall be a minimum of 40% of the entire development, while no more than 10% of the entire acreage of the development included in the required 40% of open space can be CO, ECO, or HGO zoned land. In any development, no more than 5% of the public open space may be used for public buildings, such as schools, fire stations, municipal buildings, etc.

In public open space or common open space containing environmentally significant areas, a maximum of 2% of the environmentally significant areas may be used for limited construction of recreational related structures and recreational/trails.

Public open space or common open space shall contain at least 90% green space. Such public open space or common open space shall not be part of individual residential building lots and all but 5% of the open space shall be free of structures and impervious surface.

[6]

Adequate guarantee shall be provided for permanent retention of the open space resulting from these regulations, either by private reservation for use of the residents within the development or others as may be specifically provided for, i.e., farmers' use of open space, dedication to a public entity or development of a private recreational facility open to the general public in perpetuity for a fee, subject to Village Plan Commission approval. There shall not be any clear cutting or clearing of vegetation other than dead, diseased or dying vegetation or removal of invasive species on any lands being so preserved in public open space or common open space which are considered primary or secondary environmental corridor or isolated natural areas, as depicted on the Village Land Use Plan.

[7]

Perpetual care and maintenance of public open space or common open space shall be provided for by an agreement recorded with the Waukesha County Register of Deeds Office. Said agreement shall include an operation plan, which shall preserve the natural qualities of the environmentally significant lands. The agreement shall be submitted to and approved by the Village Plan Commission, and if applicable the Waukesha County Land Conservation Division.

[8]

Ownership and tax liability of the open space areas shall be established in a manner acceptable to the Village Plan Commission and made part of the conditions of approval.

Commercial PUD. The use of a commercial PUD may be authorized only where the underlying zoning is mapped in one or more of the business districts on the parcel or a portion thereof. If only a portion is zoned for business, the commercial PUD may only be used for the same percentage of the site that would result from the normal application of the business district requirements. The location of the proposed business uses can, however, be flexed on the site so long as no more area is devoted to such use than is permitted in the underlying district. The attendant parking areas and service facilities for the commercial areas shall be included in the areas allocated to such nonresidential uses.

The proposed PUD shall be served by adequate off-street parking, loading and service facilities.

The PUD shall not create an adverse effect upon the general traffic pattern or adjoining property values.

Architecture, landscaping, lighting and general site development shall be compatible with the surrounding neighborhood.

The aforementioned requirements shall be certified by the Village as having been fully met.

Mixed PUD. A mixed PUD shall consider allowing a mixture of business, residential or other uses as the underlying district would allow. The percentage of area in the project shall be the same as would result from the application or the strict adherence of the district regulations. The location of the uses can, however, be flexed on the site so long as no more area is devoted to the various uses than would be permitted in the underlying district. The attendant parking and service facilities for the nonresidential part of the project shall be included in the area allocated to such nonresidential uses.

The proposed mixture of commercial, industrial, residential, and other uses shall produce a unified development which is compatible both within itself and with the surrounding neighborhood.

The mixed uses shall conform to the general requirements applicable to each of them as hereinbefore set forth.

The maximum allowable dwelling unit density shall be computed using only the residential area portion of the total PUD area. If residential use and nonresidential use occur in the same proposed building, that percentage of the commercial use of the building shall be deducted from said building lot and only the remaining area shall be used in the density computation for the remaining residential units.

Termination. After all conditions of a planned unit development project are certified by the Village as being completed, the conditional use permit of such completed development may be terminated in compliance with § 300-22A(9) and such uses shall be determined as permitted uses in the district in which it is located.

Example: computing maximum dwelling unit density in a planned unit development. A developer wishes to divide 100 acres of land into a planned unit development. Ten of these acres are zoned CO District. The rest is zoned R-1 District. The preliminary plan shows an additional 10 acres proposed for commercial uses but not zoned business district. The following computations demonstrate the method of determining how many residential units will be allowed in the project.

Gross acreage	100 acres
Less 10 acres zoned CO	90 acres
Less 10 acres zoned B-2	80 acres
Total residential acreage in square feet	3,484,800 square feet (80 acres x 43,560)
Divide by square feet per dwelling unit requirement for R-1 Residential District (3,484,800 divided by 39,000)	89 units
The 10 acres zoned for residential use cannot be included in the dwelling unit calculation for the PUD as it is intended for commercial use.

Preapplication procedures.

The following information shall be submitted prior to any requests for approval of any type of a planned unit development. The applicants are required to submit a site analysis map at the time they submit an application for a preapplication conference. The purpose of the site analysis map is to ensure that the important site features have been adequately surveyed and identified and this information has been or will be incorporated into the site design. This will give the Village Plan Commission and applicable Village staff the necessary information to understand the physical features of the site in their review of the preliminary concept plan and make recommendations for changes before the applicant has invested in the final site design. The site analysis map shall show:

Property boundaries.

All streams, rivers, lakes, wetlands and other hydrological features.

Topographic contours with intervals of two feet or less.

Each primary and secondary environmental corridor labeled by type.

General vegetation characteristics.

General soils types by group.

The planned boundaries of protected open space.

[h]

Existing roads and streets.

Open space and trails traversing or adjacent to the site, whether existing or planned.

[j]

All Class I and II soils for agricultural uses.

[k]

Aerial photographs with a scale of one inch equals 100 feet.

[l]

Any groundwater recharge areas designated by the Southeastern Wisconsin Regional Plan Commission or the State Department of Natural Resources.

[m]

Any other information reasonably necessary for the Village Plan Commission to make a determination.

Site visit. The applicant is encouraged to hold a site visit on the subject property, prior to filing an application, as part of the preapplication process. The applicant can make arrangements for a site visit by contacting the Village Clerk and/or Village Planner. The purpose of the site visit is to provide an opportunity for everyone involved in the subdivision proposal to familiarize themselves with the property's existing conditions and special features, to identify potential site design issues, and to discuss design concepts, including the general layout of designated conservation areas, if applicable, and potential locations for proposed buildings and street alignments. This part of the preapplication conference is optional, but is perhaps the most critical of the entire design and review process, because it enables the applicants, the staff, and the Village Plan Commission and Village Board to work together to fully understand the site and its potential for carefully designing full density development around an open space network. The goal of the site visit is to ensure that the features mapped on the site analysis maps have been designed around and protected. If a site visit is scheduled, those invited shall include the Village staff, the Village Plan Commission, and Village Board, along with the applicant. Notice of the site visit shall include all notices as may be required by the state open meetings laws, and the site visit shall be conducted in compliance with such laws. The Village, its boards, commissions, officers, agents and staff are not required to attend a scheduled site visit, and a properly noticed site visit can occur even if less than a quorum of any invited governing body attends. Comments made by Village officials, agents or staff during a site visit shall be understood and interpreted as being only informal and suggestive, and shall not be binding on either the Village or the applicant. It should be understood by all parties that no formal recommendations can be offered, and no decisions can be made at the site visit, which is essentially an outdoor workshop session. Nothing that transpires during the site visit shall relieve the applicant from the obligation to fully comply with the application, submittal and review procedures of this code and all other applicable Village ordinances. The Village, its boards, commissions, officers, agents and staff shall not be deemed to have formal, actual or implied notice of existing features of the property or the surrounding environs that must be shown or disclosed in the application and review process, even if such features were observed or were readily observable during a site visit.

Preliminary concept plan. The applicant shall submit a concept plan of the planned unit development. The concept plan shall comply with the District requirements and the Village Land Division and Development Control Ordinance.[10] The concept plan shall be reviewed for discussion by the Village Plan Commission and Village Board.

[10]

Editor's Note: See Chapter 200, Land Division and Development Control.

Application procedures. Following the preapplication conference, an official submittal shall be made to the Village Clerk, drawn at a scale of one inch equals 100 feet, showing the following:

The size, arrangement, and location of all lots, blocks, and all proposed buildings or building groups located within the common area;

The pattern of public streets, existing and proposed utility easements, and other public improvements;

The location of recreational open space and areas reserved or dedicated for use by the residences;

The general landscape treatment with particular attention given to the treatment and creation of buffer zones between the proposed planned unit development and any adjacent development whether residential or otherwise;

Existing topography and stormwater drainage, and proposed, stormwater drainage systems, showing basic topographic changes and proposed grading elevations;

[6]

All physical features of the site, such as wetlands, primary and secondary environmental corridors, isolated natural areas, and historic features;

[7]

All types and locations of trees greater than eight-inch caliper in the buildable area. This requirement may be waived by the Village Board, upon receipt of a recommendation from the Plan Commission, if it is determined during a site visit that no public or private improvements will occur on area on the site containing trees;

[8]

A completed Village Land Division and Development Control Ordinance checklist;[11]

[11]

Editor's Note: See Appendix F or Chapter 200, Land Division and Development Control.

[9]

Statistical data on the total size of the project area, area of the open space, density computations, proposed number and types of residential units, an economic and market analysis, impact on municipal services, wetlands, groundwater and other environmentally sensitive areas and any other pertinent data required by the Village;

[10]

Anticipated amounts of impervious surface including all proposed public and private improvements;

[11]

General outline of intended organizational structure related to property owner's association, architectural review committee, deed restrictions, and provision of utility and other services;

[12]

A project staging plan which outlines a timetable for project development including, but not limited to, road cutting, utility hookups, building constructions, landscaping, and open space/recreational areas provision; and

[13]

An environmental impact assessment of loss of plant species and animal habitat, farmland, wetlands, soil erosion, surface and groundwater hydrology, water quality, aquatic species and air resources may be required if deemed reasonably necessary by the Village.

(j)

Fees. A fee, as set by Village Board resolution from time to time, shall accompany each application. Such fee shall be paid by cash, check, or money order to the Village of Vernon to defray the costs of review. The costs incurred by the Village in obtaining legal, planning, engineering, and other technical and professional advice in connection with the review of the application and preparation of conditions for such uses shall be charged to the applicant and, if required by the Village, a fee covering such costs shall accompany the application.

(k)

Review process.

Referral for action. The Village Clerk and/or Village Planner shall, within 30 days after receipt of the application, determine whether the application fulfills the requirements of this code. If the staff determines that the application is complete and fulfills the requirements of this code, the staff shall refer the same to the Village Plan Commission to schedule a public hearing, in accordance with this code. If the staff determines that the application is not complete and does not fulfill the requirements of this code, they shall return the application to the applicant. When the application meets the staff's approval, it shall be referred to the Village Plan Commission and the Village staff for their report. Upon completion of the necessary study and investigation, the Village Plan Commission shall make its recommendation to the Village Board, as to the appropriateness and desirability of the proposed project with the density factor requested, the suitability of the proposed development, and any changes or additional conditions applicable to such plans which they may feel are necessary and appropriate.

Basis for approval. The Village Board, upon receipt of recommendation of the Plan Commission, shall give consideration to and be satisfied as to the following:

The proposed development is consistent with the spirit and intent of this code and will not be contrary to the general welfare and economic prosperity of the Village, but rather that the benefits derived by utilizing the planned unit development in keeping with the current economic and social consideration, justifies the application of the planned unit development technique;

Such development conforms to the Village's Comprehensive Plan;

The size, quality, and architectural design of all buildings in the project shall not be of such as to have an adverse effect upon the general character of the Village or the surrounding neighborhood;

Functional utility and relationship of the lots or units to the common open space and facilities provided shall be of such quality, size, and aesthetic value as to meet the purpose and intent of this code, and that all other required preserved areas are preserved or protected unless disturbed to accommodate a road as designated on the Official Map of the Village of Vernon;

The approval shall be based upon satisfaction of standards of this code and shall include any conditions of approval applicable thereto, regarding the building design, site layout, and operational plans, as well as all other commitments offered and required in regard to project value, character, or other factors pertinent to an insurance that the proposed development will be carried out as approved;

The plan will result in preservation of open land in a manner which will enhance the total environmental setting and desirability of the development and of the neighborhood and that adequate guarantee is provided for permanent retention as common open space of the residential open land areas resulting from the application of these standards. These are by private reservation or by dedication to the public; and

Ownership and tax liability of the private open space preservation areas shall be established in a manner acceptable to the Village Attorney and made a part of the conditions of this specific plan approval.

Approval by Village Board. The Village Board, upon receipt of recommendation of the Plan Commission, after conducting the public hearing per this code, and due consideration, may deny, approve, or approve subject to additional conditions the conditional use permit.

Conditions for preparation of final plat. After issuance of a conditional use permit, and approval or conditional approval of the preliminary plat, the final plat shall be prepared in accordance with the conditions specified and the following shall be submitted:

Developers' agreement. A contractual agreement between the Village and the owners of the development setting forth all of the obligations and commitments required by the Village.

Rights-of-way, easements, exact net area. The subdivision plat or certified survey map shall show all rights-of-way, easements, and the exact net area.

Homeowners' association bylaws. The homeowners' association documents of incorporation and bylaws shall be submitted to and approved by the Village Attorney, Village Planner, Village Engineer, and the Village Plan Commission and placed on record with the Village Clerk and be recorded in the Waukesha County Register of Deeds Office. Such documents must conform to all state and local requirements for the protection of the property owners and the Village.

Utility and stormwater facility easements. Wherever required by the Village, utility companies or Waukesha County and conforming to the form and specifications of the Village and County.

Construction routes. A map of the development showing the access points to be used by construction vehicles during the course of construction, and which shall become part of the contract between the Village and the developer, with such provisions for enforcement as provided in the contract.

Consultant and legal fees. If the Village incurs consultant or legal fees to prepare or review any aspect of the proposed development, the Village will notify the petitioner of what portion of fees shall be charged to petitioner, and all such charges shall be paid in full before execution of the final document by the Village, in the form of a final plat, certified survey map, or condominium plat.

Financial guarantee to complete construction of improvements in planned unit development. A letter of credit or cash escrow in a state financial institution or other satisfactory financial guarantee in a form and amount approved by the Village Attorney or Village Plan Board to cover the cost of all improvements and facilities agreed upon in the conditional use permit and final plat or certified survey map.

[h]

Recording. The conditional use shall be recorded in the Waukesha County Register of Deeds Office to affect the real estate upon which the conditional use is granted.

(l)

Subsequent changes or additions. Any subsequent changes or additions to an approved plan shall be submitted to the Village Plan Commission and, if it is the Commission's opinion such change or addition is not substantial, it may approve without the requirement of a public hearing. The following shall automatically be construed to be substantial:

An increase in the number of dwelling units from that shown in the approved project;

A significant change in the size, value, or type of structure from that contained in the approved conditional use;

The addition of any principal uses not included in the approved conditional use; and

Any change in the basic concept of the site development, which would significantly alter the relationship of uses or open space.

(11)

Wireless telecommunications mobile service facilities.

Purpose. This section is intended to regulate mobile service facilities to the full extent allowed by § 66.0404, Wis. Stats., and other applicable laws. Nothing herein is intended to regulate or to authorize the regulation of mobile service facilities in a manner that is preempted or prohibited by § 66.0404, Wis. Stats., or other applicable laws.

Definitions. All terms used herein shall have the meaning described in § 66.0404(1), Wis. Stats.

New towers and facilities. The siting and construction of a new mobile service support structure and facilities shall be subject to the following requirements:

Application process. The applicant shall submit a written application which shall include all of the following information:

The name and business address of, and the contact individual for, the applicant.

The location of the proposed tower.

The location of the mobile service facility.

A construction plan which describes the tower, equipment, network components, antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.

An explanation as to why the applicant chose the proposed location, and why the applicant did not choose collocation, including a sworn statement from the responsible party attesting that collocation within the applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.

Determination of completeness within 10 days of submittal. The Village of Vernon Clerk or the Village of Vernon Clerk's designee shall review the application and determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The Village of Vernon Clerk or the Village of Vernon Clerk's designee shall notify the applicant in writing within 10 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their applications as often as necessary until it is complete.

Conditional use review procedure. The wireless telecommunications mobile service facility shall be a conditional use; however, it is not subject to the procedures of § 300-22A(1) and (2) of this code, and instead shall be reviewed pursuant to the following procedures:

Plan commission. Within a reasonable time after an application and all required information has been filed, the matter shall be referred to the Village of Vernon Plan Commission for its review and recommendation to the Village of Vernon Board. The Plan Commission may choose to attend the public hearing, described below, jointly with the Village of Vernon Board, prior to making its recommendation.

Public hearing. Upon Class 2 notice, a public hearing shall be held by the Village of Vernon Board in accordance with §§ 62.23(7)(d) and (de), Wis. Stats., and in addition mailed notice shall be attempted to all owners of property located within 100 feet of the property lines of the proposed location at least five days before the public hearing.

Fee. Any application shall be accompanied by a fee as set from time to time by the Village of Vernon Board to defray the cost of notification and holding of public hearing. Costs incurred by the Village of Vernon in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be improved shall be charged to the applicant. Such fee shall not exceed the limits established by § 66.0404(4)(d), Wis. Stats.

Requirements.

A conditional use permit shall not be granted to communication towers unless the tower is located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property, subject to the following. Except as provided in Subsection B(11)(c)[3][d][iv]. below, if an applicant provides the Village of Vernon with engineering certification showing that the tower is designed to collapse within a smaller area than the radius equal to the height of the tower, the smaller area shall be used unless the Village of Vernon has and provides to the applicant substantial evidence that the engineering certification is flawed.

All facilities shall meet all state and federal codes.

Adverse impact. The proposed wireless communications towers, antennas, and associated accessory structures and facilities use will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and will not substantially diminish and impair property values within the community or neighborhood and:

Interference with surrounding development. Will be constructed, arranged, and operated so as not to unreasonably interfere with the use and development of neighboring property according to the applicable zoning district regulations.

Adequate public facilities. Will be served adequately by any required essential public facilities and services.

Traffic congestion. Will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.

Destruction of significant features. Will not result in the destruction, loss, or damage of any points of visual interest, including views of waterways, open spaces, historic buildings or historic landscapes or architecturally significant structures, or other scenic views or natural, scenic, or historic feature of significant importance.

Hazard protection. Will reasonably protect persons and property from erosion, flooding, fire, noise, glare, falling debris or ice, or similar hazards.

[F]

Compliance with State of Wisconsin Statutes and the Wisconsin Administrative Code. The proposed facilities shall be in compliance with all applicable State of Wisconsin Statutes and Wisconsin Administrative Code provisions and requirements.

[iv]

Any tower that is constructed on or adjacent to a parcel of land on which single-family residential use is permitted shall be setback from every lot line of a parcel for which single-family residential use is permitted by a distance that equals or exceeds the height of the tower.

Aesthetic requirements. All wireless telecommunications facilities shall comply with the following aesthetic standards:

In areas where facilities are currently nonexistent or underground, undergrounding is required.

No new aboveground structures, including co-locations on existing structures, shall be placed within 500 feet of historic structures or historic districts designated by the National Register of Historic Places in Wisconsin or listed on the State Register of Historic Places. The 500-foot separation is waived for installations that are completely concealed from view, or are not visible from locations where the historic structure can be observed.

Attachments to existing structures shall be designed to be flush with the existing structure as much as can reasonably be done, shall be a color that matches the existing structure and shall be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment shall be modified to match the new color.

[iv]

Any party objecting to the requirements of this Subsection B(11)(c)[3][e] shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of state or federal law, upon application to the Village of Vernon Board, and the Village of Vernon Board shall waive the requirement if it finds the standard to effectively prohibit the expansion of wireless technology in the Village of Vernon or otherwise violates state or federal law.

Determination. The Village of Vernon Board shall make a decision on the application within a reasonable time after the public hearing, provided further that final action shall be taken within 90 days of receipt of a complete application unless the time extended by the applicant. Said decision shall be stated in writing and a copy made a permanent part of the Village of Vernon records. If a conditional use permit is not granted, the reasons therefor will be included in such record.

Changes or additions. Subsequent change or addition to the approved plans or use shall first be submitted to the Plan Commission for recommendation to the Village of Vernon Board, and then to the Village of Vernon Board for action. If in the opinion of the Village of Vernon Board, such change or addition constitutes a substantial alteration, a public hearing shall be held before the Village of Vernon Board shall be required and notice thereof be given pursuant to this code.

[h]

Conditions. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, among other issues as deemed appropriate may be required by the Village of Vernon Board upon its finding that these are necessary to fulfill the purpose and intent of this code; subject to the limitations of Subsection B(11)(d), below. Particular conditions may include the following:

Interference with air traffic prohibited. The proposed antenna or antenna structure shall not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport and must meet the applicable Federal Aviation Administration (FAA) regulations.

Interference with radio or television reception and/or any other form of wireless communication prohibited. The proposed tower, alternative tower structure and/or antenna(s) shall not result in interference with radio and/or television reception and/or any other form of wireless communication in nearby residential or nonresidential areas based upon the applicable Federal Communications Commission (FCC) regulations. In the event that any complaints of interference are received and they are reasonably suspected by the Village of Vernon to be caused by the tower, alternative tower structure and/or antenna(s), the Village of Vernon shall notify the applicant and property owner. The applicant shall have a period of 30 days following receipt of said notification to investigate said complaints and respond to the Village of Vernon. In the event that it is determined by the FCC that the tower, alternative tower structure and/or antenna(s) is the source of interference, the applicant shall have 10 days to correct all problems.

Access. The use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority, including the Wisconsin Department of Transportation, Waukesha County and/or the Village of Vernon.

[iv]

Limitation on use of drives or required off-street parking spaces. No wireless communications towers, antennas, and associated accessory structures and facilities shall occupy any drive and/or off-street parking space which is required by this code for the principal use of the property.

[v]

Blocking of ingress/egress routes prohibited. No wireless communications towers, antennas, and associated accessory structures and facilities shall block any permanent vehicular and/or pedestrian ingress and egress route or access aisle or drive (including entrances and/or exits to a site or building).

[vi]

Visibility and safety. The location of wireless communications towers, antennas, and associated accessory structures and facilities on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard.

[vii]

All new towers to be of a monopole or special design unless otherwise determined by the Village of Vernon Board. Unless otherwise determined by the Village of Vernon Board as provided herein, all new wireless communications towers shall be of a monopole tower design and shall not exceed a width or diameter of five feet in diameter as measured at its base. However, the Village of Vernon Board shall have authority to require a special design of new wireless communications towers where findings of particular sensitivity are made, such as proximity to historic or aesthetically significant structures, views and/or community features or other factors as determined by the Village of Vernon Board.

[viii]

Wireless communications towers, antennas, and associated accessory structures to be structurally self-supporting. All wireless communications towers, antennas, and associated accessory structures and facilities shall be structurally self-supporting without the use of guy wires and shall be specified or plan approved by a structural professional engineer licensed in the State of Wisconsin. All wireless communications towers, antennas, and associated accessory structures and facilities shall be permanently anchored to the ground.

[ix]

Minimum of four service providers to be allowed to use tower facilities. Unless specifically waived by the Village of Vernon, new towers shall be designed to accommodate at least three other wireless communication service providers at market rate. The applicant shall allow the sharing of the antenna support facilities with three or more other service providers through the use of a collocation agreement. The holder of a conditional use permit for an antenna support facility shall not make access to the antenna support facility and site economically unfeasible. If additional users demonstrate (through an independent arbitrator or other pertinent means) that the holder of a conditional use permit for an antenna support facility and site has made access to such antenna support facility and site economically unfeasible, then the conditional use permit for said facility shall become null and void. All towers and structures shall be designed structurally, electrically, and in all respects to:

Accommodate both the applicant's antennas and comparable antennas.

Allow for the future rearrangement of antennas upon the commercial communication tower or structure.

Accept antennas mounted at varying heights, provided that said heights do not exceed the maximum height approved or the height of the approved commercial communication tower or existing structure.

[x]

Buildings, enclosures, equipment and associated devices. All buildings, enclosures, equipment, and other associated devices ancillary to wireless communications towers and antennas shall be placed in close proximity to the base of the tower located on the wireless communications site. If the wireless communications facility does not have a tower, the buildings, equipment, and other associated devices shall be placed in close proximity to the alternative tower structure. If the wireless communications facility has a roof-mounted antenna support structure, an equipment enclosure may be located on the roof, provided that such enclosure is placed as unobtrusively as possible and in compliance with all applicable building codes and this code.

All buildings, enclosures, equipment, and other associated devices shall be kept locked at all times.

Each building, enclosure, equipment, and other associated device shall have a label attached to it. The label shall give the name, address, and telephone number of the person who should be contacted in the event of an emergency.

The aggregate floor area of all buildings and equipment enclosures shall not exceed 500 square feet per tower.

The total height of the buildings structures shall not exceed 15 feet in height, and the construction materials shall consist of a brick finished masonry exterior on all sides of the structures with the exception of the entrance to each.

Backup electrical power generators, if provided, shall only be operated during electrical power outages and for testing and maintenance purposes. If the electrical power generator is located within 100 feet of a residential zoning district boundary line, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of not greater than 45 Ldn at the property line. Testing and maintenance of said electrical power generators shall only take place on weekdays between the hours of 9:00 a.m. and 5:00 p.m.

[F]

An "RF Safety Hazard" sign per ANSI Standard C95.2-1982, including descriptive wording or warning information at the user's option, shall be located on the tower and facilities where appropriate to create an awareness of a possible RF exposure to personnel. Sign lettering is recommended to conform to ANSI Z35.1-1972m while the yellow triangle shall conform to ANSI Z53.1-1979. ANSI Z35.1-1972 details construction guidance in the selection of finishes, illumination and placement.

[xi]

Anticlimbing measures required. Towers shall be designed to prevent children and trespassers from climbing on those structures. Sufficient anticlimbing measures shall be incorporated into the facility to reduce the potential for trespass and injury. Ladder rungs on towers shall be placed a minimum of 20 feet above the ground.

[xii]

Advertising and signage. No form of advertising or signage (other than warning or equipment information signage) shall be allowed on the wireless communications towers, antennas, and associated accessory structures and facilities. All signage shall be according to the sign regulations set forth in the Village of Vernon sign regulations. In addition, the following signs are hereby prohibited:

Any sign which, or any part of which, is in motion by any means, including fluttering or rotating, or other signs set in motion by movement of the atmosphere. This includes all flags (except that of the United States of America, State of Wisconsin, and Village of Vernon), pennants, whirling objects, banners, or other entities attached to strings or lines.

Inflatable advertising devices or signs.

Changeable copy and portable trailer signs, either fixed or moveable.

Banners which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted by the Village of Vernon Board).

Statues and stuffed animals.

[xiii]

Cable installation. All cable to and from the antenna and/or antenna structure shall be installed underground unless the antenna is mounted on a building where cable will go directly into the structure. Aboveground cable installation may be allowed if it is adequately screened from view from outside the fenced area as determined by the Village of Vernon Board upon receipt of a recommendation from the Plan Commission.

[xiv]

Security and fencing. The base of the tower and its associated accessory structures shall be enclosed and fenced by a security fence not less than six feet in height and secured so that it is not accessible by the general public. Fence design, materials, and colors shall reflect the character of the surrounding area as determined by the Village of Vernon Board upon receipt of a recommendation from the Plan Commission. Electrical fencing is prohibited. All fencing shall meet the applicable fence requirements of the Village of Vernon Code.

[xv]

Landscaped buffer yard required. A buffer yard of plant materials of sufficient maturity and size (as determined by the Village of Vernon Board) to immediately and effectively screen the equipment cabinets, structures, or buildings from public view and from adjacent properties shall be provided.

The minimum buffer yard shall consist of a landscaped strip at least 10 feet in width outside the entire perimeter of the wireless communications facility.

In locations where the visual impact of the tower would be minimal (as determined by the Village of Vernon Board), the landscaping requirement may be reduced or waived with the approval of the Village of Vernon Board.

Existing mature tree growth and natural land forms shall be preserved to the maximum extent possible. In some cases, when such towers are sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer yard.

All landscaping requirements detailed here shall be properly maintained in perpetuity.

The minimum size of plant materials used in the required buffer yard shall be as indicated below:

Plant Material Type	Minimum Plant Material Sizes
Canopy trees
Single stem	3-inch caliper
Multistem clump	12 feet tall
Coniferous trees	8 feet tall
Understory trees	2-inch caliper
Shrubs	3 feet tall

[xvi]

Lighting. No tower, antenna support structure, or antenna shall be artificially illuminated unless required by the Federal Aviation Administration (FAA) or other applicable authority. This subsection does not prohibit the use of motion detectors and associated lighting for security nor the use of full cutoff luminaire design outdoor lights when the wireless communication provider's personnel are present. This subsection is not intended to prohibit any lighting required by any local, state, or federal law, rule, or regulation. If lighting is required by such law, rule, or regulation, the operator and owner shall choose the lighting which causes the least disturbance to the occupants of the adjacent properties.

[xvii]

Color and finish. All towers and antennas shall be of a color that best allows them to blend into the surroundings so as to reduce visual obtrusiveness or to camouflage the tower and antennas. The use of grays, blues, and greens may be appropriate; however, each case shall be evaluated by the Village of Vernon on an individual basis. All finishes shall be nonreflective.

[xviii]

No outdoor storage permitted. There shall be no outdoor storage of any vehicles, equipment, or other goods permitted in conjunction with wireless communications towers, antennas, and associated accessory structures and facilities. This subsection does not apply to overnight storage of vehicles or equipment necessary for the construction or repair of the wireless communications tower, antennas, and associated accessory structures and facilities.

[xix]

Hazardous materials. There shall be no use of, generation of, storage of, or disposal of any hazardous materials on, under, about, or within the land in violation of any law or regulation in conjunction with wireless communications towers, antennas, and associated accessory structures and facilities.

[xx]

Maintenance. All wireless communications towers, antennas, and associated accessory structures and facilities shall be maintained in a clean, rust-free, sanitary, and safe manner and kept free from trash, refuse, and debris. In addition, all wireless communications towers, antennas, and associated accessory structures and facilities shall be maintained in accordance with all applicable local, state, and federal regulations. If the Zoning Administrator concludes that a wireless communications tower, antenna(s), and associated accessory structure(s) and facility(s) fail to comply with such codes and regulations and constitute a danger to persons or property in the vicinity, the Village of Vernon Zoning Administrator shall notify the owner or operator of the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(s) of such fact. The notice shall be in writing and shall require the owner or operator to bring the facility into compliance with such codes and regulations within a time frame set forth by the Village of Vernon Zoning Administrator but not to exceed 30 days of the date of service of the notice whichever is earlier; provided that the owner or operator shall have such extended period as may be reasonably required to bring the nonconforming facility into compliance, if the owner or operator has commenced repairs and diligently pursues completion. If the owner or operator fails to bring the applicable facility(s) into compliance within the time provided, the Village of Vernon Zoning Administrator may order the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(s) to be removed to the extent necessary to protect persons or property in the vicinity. The cost of removing the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(s) shall be at the owner's expense.

[xxi]

Antennas on existing towers. The attachment of a new antenna on an existing tower may be allowed to minimize adverse visual impacts associated with the proliferation and clustering of towers.

[xxii]

Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village of Vernon Electrical Inspector.

[xxiii]

Removal. In the event that the telecommunication facilities are not used to host at least one antenna facility of at least one service provider for a period of 12 or more consecutive months, or continued other than in strict conformity with the conditions of the original approval, the Village may terminate the conditional use permit following public hearing and order the applicant to remove the wireless facilities including the tower, antenna(s), and associated accessory structure(s), and improvements within 90 days after the date of such order. In the event the facilities are not removed from the Property within the ninety-day period, the Village shall have the right to remove any and all facilities at the expense of the applicant. If such costs of removal have not been paid by the owner or operator to the Village within 30 days after billing, the Village may charge the costs of such removal to the property pwner by placing a charge on the tax roll as a special assessment pursuant to § 66.0627, Wis. Stats.

[xxiv]

Financial guaranty and agreement for abandoned facilities removal and site restoration required. To secure the applicant's removal obligation pursuant to condition xxii above, the applicant shall provide to the Village of Vernon, as a condition of issuance of a conditional use permit for wireless communications towers, antennas, and associated accessory structures and facilities, an irrevocable letter of credit or cash in the amount of $20,000 to guaranty facilities removal and site restoration if the wireless communications towers, antennas, and associated accessory structures and facilities are abandoned or no longer used. The property owner shall also sign, as a condition of issuance of a conditional use permit, an agreement and record (with the Waukesha County Register of Deeds) a deed restriction to remove the wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) within six months of the discontinuance of its use.

[xxv]

Certificate(s) of insurance required. No use shall be permitted until the applicant has placed on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect general public liability insurance covering any damages arising out of the use or operation of any devices and facilities operated in connection with such wireless communications towers, antennas, and associated accessory structures and facilities. Such insurance shall be in the minimal amount of $2,000,000 per person, $2,000,000 for each accident and $6,000,000 property damage. Said certificate or certificates of insurance shall be furnished the Zoning Administrator annually.

[xxvi]

Indemnification. The owner and operate agree to indemnify, defend, and hold harmless the Village of Vernon and its elected officials, officers, employees, agents, departments, agencies, committees, boards, and representatives from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorney fees and other costs and expenses of litigation, which may be asserted against or incurred by the Village of Vernon or for which the Village of Vernon may be held liable, which arise from the negligence, willful misconduct, or other fault of the owner and operator or their employees, agents, or subcontractors from the installation, operation, use, maintenance, repair, removal, or presence of such wireless communications towers, antennas, and associated accessory structures and facilities on any property.

[xxvii]

Debris. Any debris arising from the permittee's use, whether arising from construction or at any time thereafter, must be promptly removed by the permittee. Debris remaining for more than five business days constitutes a violation of this code subject to the violations and penalties provisions of § 1-10 of the Code. Each day that the debris remains after such time constitutes a separate offense.

[xxviii]

No assignment. The respective rights and obligations granted to the applicant shall not be assigned to any other person or entity without the express written consent of the Village of Vernon, except that the applicant will be permitted to assign its rights and obligations to the following persons or entities, without the consent of the Village of Vernon: a) any entity which controls, is controlled by, or b) is under common control with the applicant, or to any partner, or to any partnership which the applicant is general partner. In case of such a permitted transfer, the applicant shall provide the Village written notice of the name and contact information for the transferee within 30 days after the transfer.

Limitations upon authority. The Village of Vernon review and action in the matter shall be subject to the limitations imposed by § 66.0404(4), Wis. Stats. In the event the applicant believes the Village of Vernon has exceeded its authority in this regard, the applicant shall notify the Village of Vernon Board in writing and the Village of Vernon Board reserves the right to reconsider the matter, to ensure that applicable laws are followed.

Modifications. The construction of modifications to an existing mobile service support structure or mobile service facility shall be subject to the following requirements:

Substantial modification.

Application and review process. The application and review process for a substantial modification is identical to the application and review process for a new tower, as described above, except that the required plans should describe the proposed modifications, rather than describe the new structure.

Not substantial modifications.

Application information. The applicant shall submit a written application that describes the applicant's basis for concluding that the modification is not substantial, and all of the following information:

The name and business address of, and the contact individual for, the applicant.

The location of the affected support structure.

The location of the proposed facility.

Completeness determination within five days. The Village of Vernon Clerk or the Village of Vernon Clerk's designee will determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The Village of Vernon Clerk or Village of Vernon Clerk's designee must notify the applicant in writing within five days of receiving the application if it is found not to be complete, specifying in detail the required information that was incomplete. The applicant may resubmit as often as necessary until it is complete.

Fee. Any application shall be accompanied by a fee as set from time to time by the Village of Vernon Board to defray the cost of review. Costs incurred by the Village of Vernon in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be improved shall be charged to the applicant. Such fee shall not exceed the limits established by § 66.0404(4)(d), Wis. Stats.

Determination. The Village Zoning Administrator shall make a decision on the application within a reasonable time, provided further that final action shall be taken within 45 days of receipt of a complete application unless the time extended by the petitioner. Said decision shall be stated in writing and a copy made a permanent part of the Village records. If approval is not granted, the reasons therefor will be included in such record.