Article 16.040 Specific Use Standards

All compost and/or organic matter on the site:

Shall not cover more than ten (10) percent of the total area of the property;

Shall be screened from view from adjacent property and the public right-of-way;

Shall be managed to prevent the harborage of rodents and pests;

Shall be maintained to prevent odors; and

Shall be located to prevent leachate from flowing onto adjacent property or into natural or human-made storm channels.

The site shall be designed and maintained to prevent water from irrigation and/or other activities and/or fertilizer from draining onto adjacent property.

Trash areas shall be provided and screened from view from adjacent property and the public right-of-way.

Solar energy collection, farm.

No solar farm shall be erected on any lot less than four (4) acres in size.

A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards, given local soil and climate conditions.

Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground.

Systems, equipment, and structures shall not exceed thirty (30) feet in height when ground mounted.

Ground-mounted solar energy collection systems as part of a solar farm shall have a minimum setback for all equipment, excluding fences, of:

Front and corner yards: One hundred (100) feet;

Side and rear yards: Fifty (50) feet from nonresidential property lines and one hundred (100) feet from residential property lines.

Systems equipment and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.

An appropriate warning sign shall be provided at the entrance to the facility and along the perimeter of the solar farm. The sign at the entrance to the facility shall include the facilities 911 address and a twenty-four-hour emergency contact number.

Figure 16.041.1: Solar Energy Collection, Farm

Urban agriculture, outdoor.

Shall be limited to the raising and/or use of animals at an intensity of one (1) animal unit per acre.

Shall not be located in, or adjacent to, an existing or platted residential subdivision.

All buildings, structures, outdoor storage areas, and outdoor animal containments shall be located a minimum of three hundred (300) feet from all residentially zoned property and one hundred (100) feet from all other lot lines.

§ 16.042 Specific residential use standards.

Shall be located in an area which is planned to remain commercially viable for agricultural land uses.

Apartment/condominium, building.

The main entrance to an apartment/condominium building is encouraged to face the primary street.

All off-street parking shall be located in the rear of the building.

One (1) of the required parking spaces per unit, as detailed in Section 16.063(1), shall be provided in an above or below grade parking structure.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or the property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

Apartment/condominium buildings shall be similar in mass and character to abutting properties including roof pitch, eaves, building materials, windows, trim, color, and landscaping.

Exterior building materials shall be time-and weather-tested materials and techniques such as but not limited to masonry, stone veneer systems, stucco, precast panels with inlaid or stamped brick texture.

A minimum of fifteen (15) percent of the site shall be developed as usable open space and shall be sited to preserve natural site features and integrate with the buildings and site circulation to provide common outdoor amenities and gathering places. This requirement shall not apply to apartment/condominium buildings in the C-2 Central Commercial District.

Apartment/condominium, complex.

Buildings shall be arranged, and site circulation shall be designed to create a sense of a public realm by framing and defining open spaces, street frontages, and amenities.

Buildings and other site improvements shall be clustered to maximize stormwater absorption.

Building orientation shall reinforce site circulation patterns, open space patterns, and connections to other buildings on site.

One (1) of the required parking spaces per unit, as detailed in Section 16.063(1), shall be provided in an above or below grade parking structure.

Parking shall be integrated into the overall site design to minimize impact, reduce the loss of trees, and to be visually concealed from rights-of-way.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or the property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

Cluster mailbox.

A lot created for the purpose of accommodating a cluster mailbox shall not be held to the bulk and dimensional standards of the district in which it is located as detailed in Section 16.031, as approved by the Zoning Administrator.

Residential lots impacted by the creation of a cluster mailbox lot may receive relief from bulk and dimensional standards as detailed in Section 16.031 as approved by the Zoning Administrator.

Community living, all capacities.

No community living arrangement shall be established within two thousand five hundred (2,500) feet of any other such facility regardless of its capacity.

The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the Village shall not exceed one (1) percent of the Village's population (unless specifically authorized by the Village Board following a public hearing).

Foster homes housing four (4) or fewer children and licensed under Section 48.62, Wis. Stats., shall not be subject to these provisions.

Duplex/townhome, all units.

The main entrances to a duplex/townhome is encouraged to face the primary street.

A minimum of one (1) of the parking spaces, as required in Section 16.063(1) of this Zoning Ordinance, shall be provided in an attached or detached garage.

Attached garages are encouraged to be located on rear façades. If attached garages are located on the primary façade they shall:

Be setback a minimum of twenty-five (25) feet from the street right-of-way; and

Be recessed from the primary front façade (excluding porches) of the duplex/townhome a minimum of one (1) foot.

Senior housing, dependent and independent.

The proposed site shall be located to avoid disruption of an established or developing area and shall be designed to maintain the character of the adjacent properties.

No access shall be permitted to a local residential street.

Applicant shall provide off-street passenger loading area at a minimum of one (1) location within the development.

All structures shall be located a minimum of fifty (50) feet from any residentially zoned property which does not contain an institutional residential land use.

(7)

Single family, detached.

§ 16.043 Specific institutional use standards.

Attached garages are encouraged to be located on side façades. If attached garages are located on the primary façade they shall:

Be setback a minimum of twenty-five (25) feet from the street right-of-way; and

Be recessed from the primary front façade (excluding porches) of the single family detached home a minimum of one (1) foot.

Outdoor public recreation, active.

All structures and active recreational areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

Facilities which serve a regional or community-wide function shall provide off-street passenger loading area if the majority of users will be children.

Public service and utilities.

Outdoor storage areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

All outdoor storage areas adjoining a residentially zoned property shall comply with the requirements for outdoor storage screening as specified in Section 16.053.

All structures shall be located a minimum of twenty (20) feet from any residentially zoned property.

§ 16.044 Specific retail use standards.

The architecture and design of the exterior of all buildings shall be compatible with the architecture and design of the exteriors of surrounding buildings.

Adult uses.

Purpose. The purpose of this section is to provide specific regulations for adult uses, to accommodate constitutionally protected non-obscene sexual expression, while protecting the public health, safety, and general welfare of the Village. The Village Board finds that:

Adult uses require special supervision from the Village's law enforcement and public safety agencies to protect and preserve the public health, safety, morals, and welfare of the patrons and employees of businesses as well as the Village's citizens;

Adult uses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature;

Sexually transmitted diseases are a legitimate health concern for the Village that demands reasonable regulation of adult uses by the Village in accordance with this chapter;

This chapter's regulations are a legitimate and reasonable means of accountability to ensure that operators of adult uses comply with reasonable regulations and to ensure that operators do not allow their establishments to be used as places of illegal sexual activity or solicitation;

There is convincing documented evidence that adult uses, because of their outward appearance and very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly during the overnight hours, and reduce property values;

The Village Board desires to minimize and control these adverse effects by regulating adult uses in accordance with this chapter;

By minimizing and controlling these adverse effects, the Village Board seeks to protect the health, safety, and welfare of the citizenry; protect citizens from increased crime; preserve quality of life; preserve property values and the character of the Village's neighborhoods; and deter the spread of urban blight;

The Village Board does not enact this chapter to suppress or authorize the suppression of any speech activities protected by the First Amendment; rather, this chapter establishes content-neutral regulations that address the secondary effects of adult uses;

The Village Board does not enact this chapter to restrict, deny, or authorize the restriction or denial of access by adults to sexually oriented materials protected by the First Amendment, or to deny, or authorize denial of, access by the distributors and exhibitors of adult entertainment and adult materials to their intended market;

10.

Evidence concerning adult uses' adverse secondary effects on communities is readily available in many court decisions, including, but not limited to: Township of Littleton, Colorado v. Z.J. Gifts D-4, LLC, 541 U.S. 774 (2004); City of Los Angeles v. Almaeda Books, Inc., 535 U.S. 425 (2002); Township of Erie v. Pap's A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Township of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); Illinois One News, Inc. v. City of Marwill, 477 F.3d 461 (7th Cir. 2007); Andy's Restaurant & Lounge, Inc. v. City of Gary, 466 F.3d 550 (7th Cir. 2006); Joelner v. City of Washington Park, 378 F.3d 613 (7th Cir. 2004); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Pleasureland Museum, Inc. v. Beutter, 288 F.3d 988 (7th Cir. 2002); Shultz v. City of Cumberland, 288 F.3d 831 (7th Cir. 2000); Genusa v. City of Peoria, 619 F.2d 1203 (7th Cir. 1980); Excalibur Group, Inc. v. City of Minneapolis, 116 F.3d 1216 (8th Cir. 1997); and XLP Corporation v. County of Lake, 359 Ill. App. 3d 239 (2d Dist. 2005) (collectively, the "Cases");

11.

Many cities and other units of government throughout the country have studied and found significant adverse secondary effects associated with adult uses, including, but not limited to: Phoenix, Arizona (1984); Minneapolis, Minnesota (1980); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Whittier, California (1978); St. Croix County, Wisconsin (1993); Bellevue, Washington (1998); Beaumont, Texas (1982); and Des Moines, Iowa (1984) (collectively, the "Studies");

12.

The United States Congress has heard testimony detailing the negative secondary effects associated with adult uses on numerous occasions, including 136 Cong. Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636; 134 Cong. Rec. E. 3750 (collectively, the "Testimony"); and

13.

Based on secondary effects discussed and found to exist in the Cases, Studies, and Testimony, as well as all evidence presented and matters discussed during all public hearings and meetings conducted by the Village, and all other relevant information, including the Village Board’s own knowledge and experience, the Village Board finds that:

Adult uses can contribute to increased crime in the area where such businesses are located and burden local law enforcement and public safety efforts. Crimes associated with adult uses include, but are not limited to:

Prostitution and other sex related offenses;

Drug use and dealing; and

Money laundering.

Adult uses can contribute to significant public health concerns, including the spread of HIV/AIDS and other sexually transmitted diseases.

Adult uses and their outward appearance can significantly:

Contribute to the deterioration of residential neighborhoods;

Increase neighborhood blight;

Impair the character and quality of residential housing in the surrounding area; and

iv.

Reduce overall housing appeal for potential residents.

The concentration of adult uses in any one (1) area can greatly impact the area by causing blight, decreasing property values, reducing the Village's tax base, making the area less attractive to non-adult uses (i.e., marketability), and increasing crime.

Adult uses can produce higher levels of noise, traffic, and glare as compared to other businesses by virtue of adult uses' hours of operation.

Serving or otherwise allowing the consumption of alcoholic liquor at adult uses can lead to increased criminal activity and exacerbate neighborhood deterioration.

The findings set forth in Section 16.044(1) constitute substantial governmental concerns.

Adult uses have operational characteristics that require reasonable government regulation to address those substantial governmental concerns.

Passing this chapter will promote and protect public health, safety, and welfare.

Conditions. All adult uses will be subject to the following conditions to prevent or minimize substantial or undue adverse effects upon neighboring and adjacent properties and improvements, and substantial or undue or upon public facilities and services:

Adult uses will only be permitted in the I-2 Urban Industrial District.

No adult use may be located within one thousand (1,000) feet of any existing school, religious institution, day care center, public park, residentially zoned property, agriculturally zoned property, or other adult use.

No adult use may have more than one (1) outdoor sign.

No adult use may have an outdoor sign exceeding ten (10) feet in length or three (3) feet in width.

No adult use may display the stock in trade of adult entertainment establishments to the public from view outside the establishment, including graphics, decorations, or displays.

No adult use may paint the exterior of the premises any other color than a single neutral, earth tone color.

No person or entity may hold a liquor license for the property operating as an adult use, or sell, serve, or allow the consumption of alcoholic liquor on the property.

No adult use offering live performance of adult entertainment will allow exposed or uncovered specified anatomical areas.

No adult use will permit persons under the age of eighteen (18) on the property subject to adult use, and all adult uses will post a notice at the door that entry by persons under the age of eighteen (18) is prohibited.

10.

All adult uses will maintain a buffer measuring at least six (6) feet wide between all patrons and any individual conducting live performance of adult entertainment.

11.

No adult use will allow or permit the occurrence of any specified sexual activities or permit the occurrence of any act constituting the offense of obscenity under Wisconsin law on property subject to adult use.

12.

No adult use will allow, permit, or authorize physical contact between any adult use personnel and any patron.

13.

Adult entertainment employees may not receive tips from patrons except as follows:

An adult use that desires to provide tips from its patrons for adult entertainment employees will establish one (1) or more boxes or other containers to receive tips.

14.

All tips for adult entertainment employees must be placed by the patron into the tip box.

15.

An adult use that provides tip boxes for adult entertainment employees must post one (1) or more signs to be conspicuously visible to the patrons on the premises in letters at least one (1) inch high to read as follows: "All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the patron and the entertainer is strictly prohibited."

16.

No adult use offering adult entertainment on the premises may open before 11:30 a.m. or close after 1:00 a.m., except that cleaning and maintenance activities necessary for the property's operation may occur before or after the hours specified in this subsection.

17.

No adult use offering adult entertainment on the premises will open or operate on Sunday, on any federal holiday, or on any state holiday.

18.

No animals, excluding animals trained and used to assist a person with a disability, are permitted at any time on property subject to an adult use, and any animal assisting a person with a disability must remain with that person at all times.

19.

No adult entertainment will occur in any restroom located on a property subject to an adult use.

20.

Patrons will not enter any non-public portions of a property subject to an adult use, including, without limitation, any storage areas, dressing rooms, or other rooms provided for the primary benefit and use of adult use personnel.

21.

No adult use will utilize loudspeakers or other sound equipment that is audible outside of the structure in which the adult use is conducted.

22.

Each adult use will have at least one (1) manager's station allowing direct, unobstructed, and uninterrupted view from the manager's station to every part of the premises accessible to patrons, excluding restrooms.

23.

All adult uses will comply with all provisions of this Code and all federal, state, and local laws, rules, and regulations, as amended.

24.

Upon the Village's request, permittee will allow the Village to inspect the adult use's books, records, and payroll information to allow the Village to verify compliance with this Code, state law, and federal law, as amended.

Penalty.

Every act or omission constituting a violation of this Code by any adult use, adult use personnel, or patron will be deemed to be an act or omission by the adult use operator, and the adult use operator will be punished in accordance with the provisions of this subsection.

Nothing in this section will prohibit the Village or any person or entity from pursuing any claims at law or in equity, against any person or entity that violates this section or any other Village ordinance, rule, or regulation.

Any adult use established, operated, or maintained in violation of any of the provisions or requirements of this Code will be, and the same is, declared to be unlawful and a public nuisance. The Village may, in addition to or in lieu of any other remedies set forth in this subsection, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and may take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating, or maintaining an adult use contrary to the provisions of this Code.

Severability. If any part, subsection or clause of this section will be deemed to be unconstitutional or otherwise invalid, the remaining section, subsection and clauses will not be affected thereby.

General retail, less than 10,000 square feet.

The main entrance is encouraged to be oriented towards the primary street.

All off-street parking and loading shall be located on the side or rear of the primary building.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

Exterior building materials shall be time- and weather-tested materials and techniques such as but not limited to masonry, stone veneer systems, stucco, precast panels with inlaid or stamped brick texture.

General retail, 10,000—49,999 square feet.

Façades greater than one hundred (100) feet in length, measured horizontally, shall incorporate surface articulation every twenty-five (25) feet.

Ground floor facades that face public streets shall have arcades, clear glass display windows, entry areas, awnings, or other such features along no less than sixty (60) percent of their horizontal length.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

General retail, more than 50,000 square feet.

Façades greater than one hundred (100) feet in length, measured horizontally, shall incorporate surface articulation every twenty-five (25) feet.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

The property owner(s) shall enter into a "Vacant Building Agreement" with the Village including provisions for vacant building and property maintenance and vacant building demolition.

Pawn shop.

Pawn shops shall be located a minimum of three thousand (3,000) feet from all existing pawn shops.

The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level.

For new construction, at least thirty (30) percent of the first-floor façade along a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level.

The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited.

All receipt, sorting and processing of goods shall occur within a completely enclosed building.

Thrift store.

Thrift stores shall be located at least three thousand (3,000) feet from all existing thrift stores.

The window and door area of any existing first floor façade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level.

The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited.

An appointment or set hours shall be required for the acceptance of donated merchandise.

§ 16.045 Specific service use standards.

All receipt, sorting and processing of goods shall occur within a completely enclosed building.

Commercial animal boarding.

Outdoor exercise areas shall not be located within three hundred (300) feet of a residentially zoned property.

Outdoor exercise areas shall be fully enclosed with a fence or wall with a minimum height of six (6) feet.

The hours of operation for outdoor areas shall be limited daily from 7:00 a.m. to 7:00 p.m.

Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured (see Section 16.126).

The animals shall be boarded in appropriate kennel units with insulation to further abate noise.

All litter and waste must be contained and controlled on site by having appropriate flushing drains and other physical elements to properly dispose of cleaning waste from the boarding area.

The boarding area must be air-conditioned and heated so that any windows, doors, or other openings can be closed at all times, with the exception of ingress and egress into the area.

General service, less than 10,000 square feet.

The main entrance is encouraged to be oriented towards the primary street.

All off-street parking and loading shall be located on the side or rear of the primary building.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

General service, more than 10,000 square feet.

Façades greater than one hundred (100) feet in length, measured horizontally, shall incorporate surface articulation every twenty-five (25) feet.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

If the gross floor area of the primary building exceeds fifty thousand (50,000) square feet, the property owner shall enter into a "Vacant Building Agreement" with the Village including provisions for vacant building and property maintenance and vacant building demolition.

Group day care center.

If a fence is required per state licensing requirements, said fence shall meet all fence material restrictions included in Section 16.067.

Personal storage facility.

A personal storage facility shall consist of a single building. Outdoor storage shall be prohibited.

The storing of hazardous or toxic materials is prohibited.

No storage space shall be used for residential occupancy, business sales or operation, the storage of commercial or industrial inventory or raw materials, or the operation of machinery.

§ 16.046 Specific eating and drinking use standards.

Coffee/tea shop. The following provisions shall apply to coffee/tea shop uses in the C-2 District.

The main entrance is encouraged to be oriented towards the primary street.

All off-street parking and loading shall be located on the side or rear of the primary building.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

§ 16.047 Specific fitness facility and entertainment use standards.

Fitness facility/entertainment facility indoor, less than 10,000 square feet.

The main entrance is encouraged to be oriented towards the primary street.

All off-street parking and loading shall be located on the side or rear of the primary building.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

Fitness facility/entertainment facility indoor, 10,000—49,999 square feet.

Façades greater than one hundred (100) feet in length, measured horizontally, shall incorporate surface articulation every twenty-five (25) feet.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

Fitness facility/entertainment facility indoor, more than 50,000 square feet.

Façades greater than one hundred (100) feet in length, measured horizontally, shall incorporate surface articulation every twenty-five (25) feet.

Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or property and street frontage.

Service areas, dumpsters, utilities, and the required screening thereof shall be designed and located to minimize visibility from public rights-of-way.

Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

The property owner(s) shall enter into a "Vacant Building Agreement" with the Village including provisions for vacant building and property maintenance and vacant building demolition.

Physical health/entertainment facility outdoor.

Activity areas shall not be located closer than three hundred (300) feet to a residentially zoned property.

§ 16.048 Specific lodging use standards.

Activity areas (including drive-in movie screens) shall not be visible from any residentially-zoned property.

Bed and breakfast.

All such facilities shall be required to obtain a permit to serve liquor, if applicable.

One (1) lavatory and bathing facility shall be required for every ten (10) occupants, in addition to the owner/occupant's personal facilities.

The dwelling unit in which the bed and breakfast take place shall be the principal residence of the operator/owner and said operator/owner shall live on the premises when the bed and breakfast operation is active.

Breakfast shall be the only meal served to overnight guests.

A record of overnight guests must be maintained for one (1) year and available upon request.

§ 16.049 Specific vehicle related use standards.

The maximum stay for any occupants of a bed and breakfast operations shall be fourteen (14) days in any one (1) visit.

Fuel sales.

All fuel pumps shall be set back a minimum of twenty-five (25) feet from the street right-of-way and side or rear lot lines.

All fuel pump canopies shall be located a minimum of twenty (20) feet from the street right-of-way and side or rear lot lines.

All fuel pumps and fuel pump canopies shall be located a minimum of fifty (50) feet from any residential district boundary line.

Fuel pump canopies shall have columns placed in a manner that is similar in their relation to the roof as that of the exterior walls of the building to which the fuel pump canopy is associated.

Fuel pump canopies shall be finished with materials consistent with the primary building façade.

Personal vehicle storage facility.

A personal vehicle storage facility may contain an incidental clubhouse, gathering building, or patio that cannot be leased or rented to any person, group, or entity for a function that is outside of the owners or users of the facility.

The storing of hazardous or toxic material is prohibited.

No storage space shall be used for residential occupancy, or the storage of commercial or industrial inventory or raw materials.

The storage of vehicles associated with a business shall be incidental to the storage of personal property. There shall be no exterior evidence of business operations. No employees of a business or customers of a business shall be present other than the owner/renter of the space themselves.

Multiple buildings are permitted with extensive landscaping between the buildings to include canopy trees.

Washing of vehicles outside of buildings is prohibited.

Sink and toilets are allowed in each unit.

§ 16.050 Specific industrial use standards.

Showers are prohibited except in the clubhouse or gathering building.

Artisan manufacturing.

Gross floor area shall not exceed ten thousand (10,000) square feet.

Outdoor storage and/or outdoor operations or activities shall be prohibited.

Retail sales of goods manufactured on-site shall be permitted but shall be limited to twenty-five (25) percent of the total area of the building.

A maximum of two (2) residential units shall be permitted but shall be limited to twenty-five (25) percent of the total area of the building.

Communication tower. The purpose of this section is to regulate by zoning permit (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to a Class I collocation, the substantial modification of an existing support structure and mobile service facilities; and (3) with regard to a Class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

Generally, the regulations of this section are designed to:

New mobile service support structure and mobile service facilities is a conditional use in the Village obtainable with this permit.

A conditional use permit application must be completed by both the applicant and property owner and submitted to the Village. The application must contain the following information:

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

The location of the proposed support structure and contact information for the property owner.

The location of the proposed mobile service facility.

A construction plan: For a Class 1 collocation, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications. For a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

For a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

Coverage area maps showing the existing and proposed coverage. The application should demonstrate whether a significant gap in coverage exists in the applicant's coverage area for the provision of mobile service. A "gap in coverage" exists when a remote user of such services is unable to either connect with the land-based national telephone network or to maintain a connection capable of supporting a reasonably uninterrupted communication. This standard shall be applied separately to each mobile service provider.

A drawing or diagram showing the fall zone of the proposed tower with a licensed engineer's certification.

An explanation whether the means chosen to fill a significant gap in coverage are the least intrusive on the conditions set forth in this section.

An explanation whether the proposed site would encroach on a building or district with historical significance.

A permit application will be provided by the Village upon request to any applicant.

If an applicant submits an application for a permit to site and construct a new mobile service support structure and facilities and the application contains all of the information required under Section 16.050(2)(a)2a through i, the Village shall consider the application complete. If the Village finds the application incomplete, the Village shall notify the applicant, in writing, within ten (10) business days of receiving the application that the application is incomplete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is properly completed in accordance with this section.

Within ninety (90) days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the ninety (90)-day period:

Review the application to determine whether it complies with all applicable aspects of the Village 's building code and this section.

Make a final decision whether to approve or disapprove the application.

Notify the applicant, in writing, of its final decision.

If the decision is to disapprove the application, include with the written notification a description of substantial evidence contained in the public record which supports the decision to disapprove.

The Village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Section 16.050(2)(a)2e.

If an applicant provides the Village with an engineering certification showing that the new mobile service support structure is designed to collapse within a smaller area than the setback or fall zone required in this section, then the Village may not disapprove the application based on a violation of the setback or fall zone required in this section unless the Village provides the applicant with substantial evidence contained in the public record that the engineering certification is flawed.

The fee for the permit shall be set in the Village 's Fee Schedule, as amended.

To ensure compliance with this section, including, but not limited to, the requirements set forth in Section 16.052, the applicant shall provide a letter of credit or surety bond in an amount to be determined when the application is filed, but which amount shall not exceed twenty thousand dollars ($20,000.00).

Conditional use regulations (all districts).

The mobile service support structure shall be placed on property in a location ensuring its fall zone is completely within the property's boundaries.

The support structure must be located to minimize its visual impact. The support structure should be less visually obtrusive by use of screening, coloring, stealth design, or other visual mitigation options. An applicant for a new mobile services support structure or a Class 1 collocation will use its best efforts to comply, to the extent feasible, with the aesthetic standards described in Section 16.050(2)(a)2e, but such standards will not be the sole basis for the Village to deny an application for a new mobile services support structure or a Class 1 collocation. A Class 1 collocation that meets all the aesthetic standards described in Section 16.050(2)(a)2e will be treated as a Class 2 collocation.

The applicant shall present evidence of how it will comply with all federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health and radio frequency emissions) in connection with the use of the permit granted hereunder and the operation, maintenance, construction and/or installation of the mobile service support structure and facilities. The applicant's construction plan shall be approved by the Village Zoning Administrator and Building Inspector to ensure compliance.

The applicant shall, at all times, maintain and repair the mobile service support structure and facilities in a clean, safe and workmanlike condition.

If the applicant ceases using the mobile service support structure and facilities, the applicant shall remove the mobile service support structure and facilities within thirty (30) days of the date upon which its use ceases at a cost to the applicant.

The equipment compound must have sufficient area to accommodate equipment sheds or cabinets of each carrier operating on a property. Outdoor storage of equipment or other items is prohibited.

Applicant shall comply with Section 16.125, standards and procedures applicable to all conditional uses and shall submit answers to the Zoning Administrator's findings per Section 16.125(4).

Class 2 collocation.

Application process.

A Village zoning permit is required for a Class 2 collocation. A Class 2 collocation is a permitted use in the Village but still requires the issuance of the Village permit. An applicant for a Class 2 collocation will use its best efforts to comply, to the extent feasible, with the aesthetic standards described in Section 16.050(2)(a)2e of this section, but such standards will not be the basis for the Village to deny an application for a Class 2 collocation.

A mobile service facility that would otherwise be considered a Class 1 collocation shall be considered a Class 2 collocation if:

A greater height is necessary to avoid interference with an existing antenna; or

If a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.

The applicant must submit a sworn statement, stamped by a licensed engineer, to verify the application of this subsection.

A permit application must contain the following information:

The name and business address of, and the contact individual for, the applicant and contact and approval information for the property owner;

The location of the affected support structure;

The location of the proposed mobile service facility; and

iv.

Confirmation from a structural engineer that the existing structure can withstand additional weight of another facility.

A Class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject, pursuant to the Code.

If an applicant submits an application for a Class 2 collocation permit with all of the information required under this section, the Village shall consider the application complete. If any of the required information is not in the application, the Village shall notify the applicant, in writing within five (5) days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

Within forty-five (45) days of its receipt of a complete application, the Village shall complete all the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the forty-five (45) day period:

Make a final decision whether to approve or disapprove the application.

Notify the applicant, in writing, of its final decision.

If the application is approved, issue the applicant the relevant permit.

iv.

If the decision is to disapprove the application, include with the written notification a description of substantial evidence contained in the public record which supports the decision to disapprove.

The fee for the permit shall be set in the Village 's Fee Schedule, as amended.

To ensure compliance with this section, including, but not limited to, the requirements set forth in Subsection (2)(c), the applicant shall provide a letter of credit or surety bond in an amount to be determined when the application is filed, but which amount shall not exceed twenty thousand dollars ($20,000.00).

Permitted by right (all districts).

The applicant shall comply with all Federal, State, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health and radio frequency emissions) in connection with the use of the permit granted hereunder and the operation, maintenance, construction and/or installation of the mobile service facilities on the existing structure or existing mobile service support structure. The applicant's construction and design plan shall be approved by the Village Zoning Administrator and Building Inspector to ensure compliance.

The applicant shall maintain and repair the mobile service facilities in a safe and workmanlike condition.

If the applicant ceases using the mobile service support facilities, the applicant shall remove the mobile service support facilities within thirty (30) days of the date upon which its use ceases at a cost to the applicant. Such removal shall be done in a workmanlike and careful manner.

Small cell wireless facilities.

Definitions. All definitions contained in Section 66.0414(1), Wis. Stats. and as may be amended in the future, are hereby incorporated by reference and apply to Section 16.049.

Permitted by right or conditional use. A Village zoning permit is required for a small wireless facility. Small wireless facilities shall be classified as permitted uses, and not require the issuance of the Village zoning permit, if they are collocated outside a right-of-way on property which is not zoned exclusively for single-family residential use. A small wireless facility collocated outside the right-of-way on property which is zoned exclusively for single-family residential use shall be considered a Class 2 collocation and, except to the extent described in Section 16.050(2)(a)2c, shall comply with the provisions of Section 16.050(2)(a)2b.

Permit conditions.

Small wireless facilities shall comply with the aesthetic standards described in this section to the extent they are technically feasible.

If the applicant ceases using the small wireless facilities, the applicant shall remove the small wireless facilities within thirty (30) days of the date upon which its use ceases at a cost to the applicant. Such removal shall be done in a workmanlike and careful manner.

In a historic or underground district any collocation on or replacement of an existing structure shall reasonably conform to the design aesthetics of the original structure. In this subsection, a historic district is an area designated as historic by the Village, listed on the national register of historic places in Wisconsin, or listed on the state register of historic places. An underground district is an area designated by the Village in which all pipes, pipelines, ducts, wires, lines, conduits, or other equipment, which are used for the transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, or telecommunications equipment, are located underground.

Aesthetic standards. Designs for mobile service support structures, as well as designs for associated mobile service facilities, shall be part of an application for a conditional use permit, by reference to the standards described in this subsection. Applicants to erect mobile service facilities that are permitted uses shall use their best efforts to comply with the following standards. These standards avoid or remedy the intangible public harm of unsightly or out-of-character deployments.

Mobile service support structures shall be of a monopole design unless the Village Board determines that an alternate design would better blend into the surrounding environment.

Mobile service support structures and facilities shall be designed to blend into the surrounding environment as closely as possible through the use of color, camouflaging and/or stealth architectural treatment, where possible. A mobile service support structure shall be painted a single, neutral color. Mobile service facilities shall be well maintained at all times.

Mobile service support structures and facilities shall not be illuminated by artificial means and shall not display lights unless such lights are specifically required by a Federal or State authority. Lights are permitted to be operated during on-going maintenance activities.

Site location and development shall preserve the existing character of the building or property as much as possible. Existing vegetation must be preserved or improved, and disturbance of the existing topography of the site must be minimized.

Mobile services facilities erected on property where there are structures composed of masonry materials and having gabled or other peaked-roof type features are required to enclose ground-mounted facilities and equipment within a structure using the same building materials unless the Village Board determines that an alternate design would better blend into the surrounding environment. All other facilities shall be enclosed within a solid six (6)-foot high wooden board-on-board style fence. To the extent the feasible, equipment enclosures should be sized to accommodate co-location of additional facilities.

Landscaping screening a minimum of six (6)-foot in height at installation should be installed and maintained so as to screen any proposed ground-mounted structure or transmission equipment and to discourage vandalism.

Composting operation.

Shall comply with all County, State and Federal regulations.

All buildings, structures, and activity areas shall be located a minimum of one hundred (100) feet from all lot lines.

The processing, storage, and disposal of any food scraps or other vermin-attracting materials shall be conducted entirely within a completely enclosed structure with all doors, windows, and any other structure openings completely closed.

Operations shall not involve the on-site holding, storage or disposal of hazardous wastes as defined by State Statutes in any manner.

Distribution center.

Any operator or owner of a motor vehicle which is powered by diesel fuel shall be prohibited to stand such vehicle with the engine running for more than a total of three (3) minutes within any sixty (60)-minute period.

All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of one hundred (100) feet from all lot lines abutting residentially zoned property.

In no instance shall activity areas be located within a required front or exterior side yard.

Light industrial.

§ 16.051 Specific transportation use standards.

All activities, except loading and unloading, shall be conducted entirely within a completely enclosed building with all doors, windows, and any other structure openings completely closed.

Airport/heliport.

§ 16.052 Specific accessory use standards.

All buildings, structures, outdoor airplane or helicopter storage areas, and any other activity areas shall be located a minimum of one hundred (100) feet from all lot lines.

Accessory building.

One (1) accessory building shall be permitted per lot.

An accessory building shall not exceed nine hundred (900) square feet except as a conditional use in the A-1 and A-2 Agricultural Districts.

An accessory building shall have a maximum height of fifteen (15) feet.

An accessory building shall be located a minimum of ten (10) feet from the primary building unless it is constructed with a one (1) hour fire rating in which case the minimum separation from the primary building shall be five (5) feet.

Accessory buildings shall be located per the following:

If located entirely within the required rear yard the accessory building must be located a minimum of five (5) feet from side and rear property lines;

If located entirely within the buildable area of the lot the accessory building must not be located between the primary building and the front property line;

If located partially in the required rear yard and partially in the buildable area of the lot the accessory building must maintain the required side yard setback for the full length of the property and be a minimum of five (5) feet from the rear property line; or

As permitted in Section 16.033.

Figure 16.052.1: Accessory Building

Accessory dwelling unit.

One (1) accessory dwelling unit shall be permitted per lot.

Detached accessory dwelling units shall comply with all standards included in Section 16.052(1) with the exception of Section 16.052(1)(c).

The primary structure shall be the primary residence of the owner of the property.

Accessory dwelling units shall not be greater than nine hundred (900) square feet or fifty (50) percent of the size of the principal structure, whichever is less. Internal accessory dwelling units located in a basement shall be permitted to occupy the entire area of said basement.

Detached and attached accessory dwelling units shall be located to the rear of the primary structure.

Only one (1) entrance shall be located on the front façade of the primary structure. Entrances to accessory dwelling units must be located on the side or rear façade.

Both the primary structure and the accessory dwelling unit shall be served by one (1) common driveway connecting the accessory dwelling unit to a public or private road.

Parking for the accessory dwelling unit shall be in addition to the parking space(s) required for the primary structure. The parking for the accessory dwelling unit shall not be located in the required front yard setback. A tandem parking space, where one (1) car is parked behind another, with the spaces required for the primary structure shall be prohibited.

Accessory dwelling units shall be similar in character to the primary structure and to abutting properties including roof pitch, eaves, building materials, windows, trim, color, and landscaping.

Figure 16.052.2: Accessory Dwelling Units

Accessory structure.

One (1) accessory structure shall be permitted per lot.

An accessory structure shall not exceed three hundred (300) square feet.

An accessory structure shall not have a permanent foundation.

An accessory structure shall have a maximum height of eight (8) feet.

An accessory structure shall be located a minimum of ten (10) feet from the primary building.

Accessory structures shall be located per the following:

If located entirely within the required rear yard the accessory building must be located a minimum of five (5) feet from side and rear property lines,

If located entirely within the buildable area of the lot the accessory building must not be located between the primary building and the front property line,

As permitted in Section 16.033.

Chickens, keeping and raising.

Chickens shall be permitted on lots in the Village. If the property is not owner occupied, the Applicant shall provide the owner's written consent to the keeping and raising of chickens.

A chicken coop and chicken run shall not be counted towards the maximum number of accessory structures permitted on a lot.

Chicken coop and chicken run requirements:

Chickens shall be provided a covered roosting area (a chicken coop) and an enclosed area in which chickens are allowed to walk and run (a chicken run).

Chickens shall be kept in the chicken coop of the chicken run at all times on the property.

The chicken run area shall include an area fenced with materials to sufficiently contain chickens. A building permit shall be required for permanent fencing.

The chicken coop and chicken run shall be designed and maintained to be well-drained on the owner's property. There shall be no standing water.

The chicken coop and chicken run shall be kept clean, dry, and free of offensive odors pursuant to the Village Ordinance. The owner shall prevent accumulation of chicken waste in the chicken coop and chicken run by properly disposing of fecal mater on a regular basis.

The chicken coop shall not exceed fifteen (15) feet in height and shall be either placed on a paved surface or raised off the ground at least one (1) foot.

The chicken coop shall be located only in rear yards and shall be setback a minimum of fifteen (15) feet from all property lines.

For properties that have frontage on more than one (1) road or street, the rear lot line shall be opposite lot line along which the lot takes access to a street. The chicken coop shall be setback a minimum of fifteen (15) feet from all property lines and twenty-five (25) feet from streets.

Compost bin.

All compost shall be fully enclosed in a free-standing compost bin. In the C-1, C-2, C-3, I-1, I-2 and P-I districts, compost bins shall be barrels with lids to prevent access to bin contents by animals.

A compost bin shall be no larger in volume than one hundred (100) cubic feet and shall not exceed a height of four (4) feet.

A maximum of three (3) compost bins may be located on any lot used for residential purposes.

Compost bins shall be located in rear yards only and shall be a minimum of ten (10) feet from all property lines. In cases where a rear yard adjoins a street and is not enclosed by a fence, compost bins shall be located a minimum of fifty (50) feet from the street.

Compost bins shall be maintained to prevent the attraction or harborage of rodents and unpleasant odors.

Figure 16.052.4: Compost Bin

Drive-through.

Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).

The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.

In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.

The setback of any overhead canopy or similar structure shall be a minimum of ten (10) feet from all street rights-of-way lines, a minimum of twenty (20) feet from all residentially zoned property lines and shall be a minimum of five (5) feet from all other property lines. The total height of any overhead canopy of similar structure shall not exceed twenty (20) feet as measured to the highest part of the structure.

Any overhead canopy or similar structure shall maintain a uniform and consistent roof line with the building to which the drive-through facility is a part.

Any overhead canopy or similar structure shall have columns, solid walls or semi-solid walls placed so that they are similar in their relation to the roof as that of the exterior walls of the building to which the drive-through facility is a part.

Any overhead canopy or similar structure shall be finished with materials consistent with the primary building façade.

All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four (4) ton axle load.

Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. Said curbs shall be a minimum of six (6) inches high and be of a non-mountable design. No curb protecting an exterior fixture shall be located closer than twenty-five (25) feet to all property lines.

(j)

Drive-through facilities shall be permitted a maximum of two (2) menu boards with a combined maximum area of eighty (80) square feet. Each menu board shall not exceed sixty (60) square feet in area and ten (10) feet in height. Menu boards may utilize electronic message boards for one hundred (100) percent of the permitted menu board area.

(k)

Stacking lanes shall have a minimum depth of twenty (20) feet per stacking space and the following minimum lane widths:

One (1) lane: twelve (12) feet,

Two (2) or more lanes: ten (10) feet per lane.

(l)

Drive-through facilities shall be required to provide a minimum number of vehicle stacking spaces as detailed in Table 16.052.1.

Table 16.052.1
Use	Minimum Stack	Measure From
Automated Teller Machine	2 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Car wash Stall, Automatic	5 per stall	stall entrance
Car wash Stall, Manual	2 per stall	stall entrance
Oil Change Shop	2 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Drive-Up Window	2 per window	window
Other	at the discretion of the Plan Commission

Notes:
¹	4 of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Figure 16.052.5: Drive Through Stacking

(m)

Drive through screening. The following regulations shall apply to any drive through regardless of the use to which it is accessory:

Drive aisles of drive throughs must be effectively screened from view along the public right-of-way and at the edges of sites adjacent to residential properties to minimize the impact of exterior site lighting, headlight glare, and any menu intercom displays.

Screening must be approved during the conditional use permitting process.

Screening shall be a minimum of six (6) feet in width and must consist of:

An opaque masonry wall or solid wood fence with a minimum height of four (4) feet and a maximum height of six (6);

Ornamental trees installed every twenty-five (25) feet along the exterior of the wall or fence; and

Shrubs installed every three (3) feet along the exterior of the wall or fence to provide a softening effect.

Figure 16.052.6: Drive Through Screening

(7)

Home occupation.

The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage and shall be subordinate to the use of the dwelling for residential purposes.

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation.

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.

No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

No home occupation shall generate any traffic exceeding what is typical for the district in which it is located.

No outdoor storage shall be permitted.

The home occupation use shall not involve the use of commercial vehicles for delivery of materials to or from the premises exceeding the normal amount of the district.

The manufacturing of items or products or the sale of items or products on the premises shall be prohibited except for phone or online sales.

A permitted home occupation shall not occupy more than thirty (30) percent of the floor area of the dwelling.

(j)

Persons employed by a permitted home occupation shall be limited to the resident family members and no more than one (1) nonresident employee.

(k)

Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.

(l)

The Plan Commission may approve home occupations in residential districts which do not meet the standards as conditional uses. The standards in Section 16.125 shall be applicable.

(m)

The types and number of equipment or machinery used on the conditional use site may be restricted by the Plan Commission.

(8)

Indoor sales incidental to light industrial use.

The total area devoted to sales activity shall not exceed twenty-five (25) percent of the total area of the buildings on the property.

Restroom facilities shall be provided and shall be directly accessible from the retail sales area.

Retail sales area shall by physically separated by a wall from other activity areas.

(9)

Light industrial incidental to indoor sales.

All activities, except loading and unloading, shall be conducted entirely within a completely enclosed building with all doors, windows, and any other structure openings completely closed. The total area devoted to light industrial activity shall not exceed fifteen (15) percent of the total area of the buildings on the property, or five thousand (5,000) square feet, whichever is less.

Production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by Section 16.088 for all adjacent properties.

(10)

On-site agricultural retail.

No structure or group of structures shall exceed five hundred (500) square feet in floor area.

All structures shall meet all required setbacks.

Such land use shall be served by no more than one (1) driveway. Said driveway shall require a valid driveway permit.

The sale of products which are grown or otherwise produced on nonadjacent property under the same ownership, or on property under different ownership, shall be prohibited.

Structures and fencing shall be located a minimum of three hundred (300) feet from any residentially zoned property.

(11)

Outdoor activity/operation, permanent.

Outdoor activities and operations shall be conducted between the hours of 7:00 a.m. and 9:00 p.m.

Outdoor activities and operations shall be located to the rear or side of the primary building on the lot.

Outdoor activities and operations shall be prohibited in front or exterior side yards.

Outdoor activities and operations shall be setback a minimum of fifty (50) feet from all property lines when adjacent properties are zoned A-1, A-2, C-1, C-3, I-1, I-2, or P-I.

Outdoor activities and operations shall be setback a minimum of one hundred (100) feet from all property lines when adjacent properties are zoned R-1, R-2, R-3, R-4 or C-2.

The following minimum screening requirements shall apply to permanent outdoor activities and operations visible from the right-of-way of an existing or proposed arterial or collector roadway or a property zoned R-1, R-2, R-3, R-4 or C-2.

A solid wall constructed from materials identical to those used on the exterior of the primary building and not less than six (6) feet and not more than eight (8) feet in height shall be erected to screen those portions of permanent outdoor activity and operations areas visible from an existing or proposed arterial roadway or a property zoned R-1, R-2, R-3, R-4 or C-2.

A landscape strip, not less than five (5) feet wide shall be located in front of the wall. A minimum of four (4) canopy or evergreen trees shall be planted and evenly spaced per every one hundred (100) lineal feet. A minimum of ten (10) shrubs shall be planted and evenly spaced per every one hundred (100) lineal feet. All landscape maintenance requirements of Section 16.065 shall apply.

(12)

Outdoor dining, with alcohol.

A fence shall be added as a barrier between the outdoor dining area and the pedestrian walkway if alcohol consumption or public safety becomes an issue outside of the designated barriers. Refer to Section 16.052(19) for Beer Gardens.

(13)

Outdoor display of merchandise, permanent.

Only those goods and materials associated with the existing on-site use may be displayed or sold.

Permanent outdoor display or sales areas shall not be located within any required yard, landscape area, or parking area.

Permanent outdoor display or sales areas shall be surfaced with an approved hard surface material. Partially paved or unpaved outdoor display or sales areas shall be prohibited.

Permanent outdoor display or sales areas shall not exceed ten (10) percent of the gross floor area of the primary building on the property unless approved as a conditional use.

(14)

Outdoor storage, permanent.

Outdoor storage of farm equipment in the A-1 and A-2 Agricultural Districts shall not require conditional use permit approval.

Permanent outdoor storage areas shall be surfaced with an approved hard surface material. Partially paved or unpaved outdoor storage areas shall be prohibited.

The following minimum screening requirements shall apply to permanent outdoor storage areas which are visible from the right-of-way of an existing or proposed arterial or collector roadway or from a property zoned R-1, R-2, R-3, R-4, C-1, C-2, C-3, I-1, or P-I.

A solid wall constructed from materials identical to those used on the exterior of the primary building and not less than six (6) feet and not more than eight (8) feet in height shall be erected to screen those portions of permanent outdoor storage areas visible from an existing or proposed arterial roadway, as identified and on file with the Village, or from a property zoned R-1, R-2, R-3, R-4, C-1, C-2, C-3, I-1, or P-I.

Shipping containers not located on a truck or located on a truck which is kept in the same parking or loading area for more than thirty (30) days shall be considered outdoor storage and shall be subject to all provisions for outdoor storage as found in this section.

(15)

Solar energy collection system, canopy.

Canopy solar energy collection systems may exceed the applicable maximum accessory structure height if they cover an impervious surface parking area.

The height of canopy solar energy collection systems shall not exceed the height of the primary building that the parking area serves.

The minimum height of solar energy collection systems shall allow clearance for emergency and service vehicles.

Figure 16.052.7: Solar Energy Collection System, Canopy

(16)

Solar energy collection system, ground mounted.

Ground mounted solar energy collection systems shall be permitted into the rear of the principal building.

The maximum height of ground mounted solar energy collection systems shall be fifteen (15) feet in height, measured from the grade at the base of the pole to the highest edge of the system.

Minimum clearance between the lowest point of the system and the surface on which the system is mounted is twelve (12) inches.

All parts of the freestanding system shall be set back ten (10) feet from the side and rear lot lines and shall not be located in a public utility easement.

Figure 16.052.8: Solar Energy Collection System, Ground Mounted

(17)

Solar energy collection system, roof mounted.

Roof mounted solar energy collection systems may be located on any roof face of principal or accessory buildings. Systems should be flush mounted when possible.

Systems on residential structures shall not extend beyond twelve (12) inches parallel to the roof surface of a pitched roof or flat roof. Systems on non-residential structures shall not extend beyond thirty-six (36) inches parallel to the roof surface of a pitched roof or flat roof. Systems on all structures shall not extend above the highest peak of a pitched roof.

Height is measured from the roof surface on which the system is mounted to the highest edge of the system.

All materials used for racking, mounts, mounting clamps, and flashings shall be of a color consistent with the color of the roof surface to minimize visibility.

Figure 16.052.9: Solar Energy Collection System, Roof Mounted

(18)

Urban garden.

Urban gardens located in front or corner yards shall:

Not utilize hoop houses, cold frames, or other structures.

Not have any plant material which exceeds four (4) feet in height within sight lines.

Not include any plant material that could interfere with a public sidewalk.

Be setback a minimum of three (3) feet from all applicable property lines.

Urban gardens located in a side, or rear yards may utilize hoop houses, cold frames, or other structures if they are setback a minimum of three (3) feet from all property lines.

(19)

Beer gardens.

Required for outdoor consumption. No licensee shall permit the consumption of alcohol beverages on any part of a licensed premises not enclosed within the building, except under a Conditional Use Permit granted by the Plan Commission. The permits are a privilege in which no rights vest and therefore may be revoked by the Village Board pursuant to state statutes. No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit.

Limitations on issuance of Conditional Use Permits. Each applicant for a Conditional Use Beer Garden shall accurately describe the area intended for use as a Beer Garden and shall indicate the nature of attractive wall, permanent fence or barrier intended to provide control over the operation of the Beer Garden. It is the purpose of an attractive wall, permanent fence, or barrier in the Beer Garden area to prohibit and restrict the ease in which alcohol beverages may be passed from within the Beer Garden area to anyone outside the Beer Garden. A barrier for a Beer Garden is defined as a suitable barricade, i.e., decorative chain and posts that cordon the beer garden off from the remainder of the outside area.

Every Beer Garden shall be surrounded by an attractive wall, permanent fence, or barrier. For open decks, a lattice will be required from the deck floor to the railing. For Beer Gardens that utilize an attractive wall or permanent fence to surround the area, a gate(s) or exit(s) shall be a minimum of three (3) feet wide and be the same height as the Beer Garden attractive wall or fence, shall swing to egress, and shall swing free and clear of public sidewalks. Any Beer Garden fence shall comply with all regulations regarding vision clearance along with required distance from corner. The Beer Garden fences shall contain the required fire exit(s) and shall be equipped with a locking system that meets fire codes. The access between the outdoor area and the building shall not be the sole handicapped accessible entrance to the building. The enclosure must also meet applicable facade requirements.

Lighting of the area must be shielded and not be of intensity or brilliance to create glare which is distracting to adjoining property owners or can become a hazard or danger to vehicular traffic.

No open flames may be displayed unless approved by the Belleville Fire District.

No amplified music or amplified entertainment shall be permitted that exceeds those defined in Sections 19.026 and 16.088 of this Code.

One (1) informational sign regarding rules on usage of the area shall be posted on each wall. Signage text must use a minimum of forty-eight (48)-point bold font.

Use of the Beer Garden is prohibited after 12:00 midnight, at which time all access must be secured.

There shall be a licensed operator within the Beer Garden at any time that alcohol is being served in the Garden.

The Beer Garden shall be attached to the main business premises and access to the outdoor premises shall only be allowed through the main building.

All other Village ordinances, including those relating to littering, noise or drinking of intoxicants, where prohibited, shall be observed.

10.

Waste containers must be provided for cigarette buts.

Permits. A conditional Use permit is required for the operation of any Beer Garden within the Village of Belleville. All materials required for the review of such an application must be submitted in accordance with sections 16.125 of this Code. The business operator must adhere to all conditions placed upon the business at the time of issuance. Permits do not expire, but the applicant must apply to amend their permit if any change is contemplated to the Beer Garden or its intended use.

Inspection. The Beer Garden shall be inspected annually by the Village of Belleville Zoning Administrator, Building Inspector, Police Department, and the Fire Department.

Permit fee and term. The fee for a Conditional Use Permit is required at the time of application. The permit fee shall be as prescribed in the Village Fee Schedule, and the permit shall have an indefinite term. The fee is nonrefundable and will include any costs incurred by the Village Clerk’s office associated with necessary noticing and mailings to neighboring properties.

Adjoining property owners within one hundred (100) feet of the premises to be notified of the pendency of applications.

State statutes enforced within beer garden. Every permittee under this article shall comply with and enforce all provisions of Ch. 125, Wis. Stats., applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Ch. 125, Wis. Stats., shall be grounds for revocation of the Beer Garden permit by the Plan Commission.

This section does not limit the Village Board's authority to refuse/permit outdoor areas for service and consumption of alcohol or fermented malt beverages in individual cases even if the license holder meets the above-mentioned conditions. This policy is not intended to create a vested right for the benefit of "Class B" or Class "B" license holders.

Failure to abide by the terms and conditions of the Conditional Use Permit may result in the suspension or revocation of the right to serve food or fermented malt or other alcohol beverages in a Beer Garden. The Village reserves the right to take further steps in case of repeated violations, including termination of a violator's "Class A" or Class "B" alcohol or fermented malt beverage license. The Village may also impose a forfeiture as provided in Section 16.160 of this Code per violation of this Section.

(20)

Sidewalk cafes.

For purposes of this section, the term "sidewalk cafe" shall mean that portion of a restaurant/tavern that is immediately adjacent to and extends out onto a public sidewalk. A sidewalk cafe may be used only for the temporary placement of chairs, tables, disposal containers, barriers and umbrellas. No food or fermented malt or other alcohol beverages may be served in a sidewalk cafe within the legal limits of the Village of Belleville without strict compliance with the terms and conditions of this section.

Service and consumption of alcohol or fermented malt beverages in outdoor areas. No licensee shall permit the consumption of alcohol beverages on any part of a licensed premises not enclosed within the building, except under a Conditional Use Permit granted by the Plan Commission. The permits are a privilege in which no rights vest and therefore may be revoked by the Village Board pursuant to state statutes. No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid Sidewalk Cafe permit. The Village Board may approve the issuance of or amendment to the "Class B" and Class "B" alcohol and fermented malt beverage licenses for the purpose of permitting service and consumption of alcohol or fermented malt beverages in outdoor sidewalk cafe areas only with the following conditions:

The applicant shall provide the current number of seats authorized in the restaurant facility, the number of seats proposed to be transferred from the restaurant to the sidewalk cafe and the number of new seats proposed to be added for the sidewalk cafe.

Food and alcohol and fermented malt beverages shall only be served or consumed in areas delineated by suitable barricades, i.e., decorative chain and posts that cordon the area off from the remainder of the outside area. Such barriers may be placed to allow the public to enter from the outside as well as from the building of the license holder.

All tables and chairs must be portable, meaning that no such furniture shall be chained together or bolted together as a unit or affixed to the sidewalk or ground surface.

All furniture and fencing must be removed nightly from the permit area.

Alcohol or fermented malt beverages may only be served in the outdoor area by the license holder or an employee holding a valid Village of Belleville operator's license.

Service of food and/or alcohol beverages in all sidewalk cafes shall be limited to persons seated at tables in the sidewalk cafe site. Food service shall be required to be available at all times the sidewalk cafe is open.

No beverages may be served in glassware.

The outdoor area shall be supervised at all times by the license holder or an authorized (operator) licensed employee. The entire outdoor area utilized for service and consumption shall be visible from the establishment.

Any other condition the Village Board deems appropriate, considering the surrounding neighborhood and the nature of the licensed premises.

If the service and consumption of alcohol beverages are in an outdoor area extending onto the public sidewalk, the following additional conditions shall also apply:

The public sidewalk utilized for this purpose shall be abutting the license holder's property and said use shall not encroach on the sidewalk of neighboring property. The pedestrian way shall be next to the curb and measured a minimum of five (5) feet in width from the back of the curb.

Tables or barriers may not impede pedestrian traffic or interfere with people exiting parked vehicles.

Permit. A Conditional Use Permit is required for the operation of any Sidewalk Cafe within the Village of Belleville. All materials required for the review of such an application must be submitted in accordance with sections 16.125. The business operator must adhere to all conditions placed upon the business at the time of issuance. Permits do not expire, but the applicant must apply to amend their permit if any change is contemplated to the Sidewalk Cafe or its intended use.

Hours of operation. Sidewalk cafes shall be open during regular operation hours, but no earlier than 6:00 a.m. and no later than 11:00 p.m. Notwithstanding the foregoing, more restrictive hours of operation may be established by the Plan Commission. No alcohol or fermented malt beverages or food shall be served after 10:00 p.m.

Any public improvements necessary to accommodate the outdoor service area shall be approved by the Building Inspector, and the costs thereof shall be paid by the license holder.

The operator must provide a certificate of liability insurance with the application. Public liability insurance covering the Village of Belleville as well as the sidewalk cafe owner shall be required, the terms of which must be approved by the Clerk. Proof of comprehensive general liability insurance in a minimum amount of five hundred thousand ($500,000.00) for bodily injury or death, one hundred thousand ($100,000.00) for property damage, and liquor liability is also required. The permittee shall enter into a written agreement with the Village indemnifying and holding the Village harmless against all claims, liability, loss, injury, death, or damage associated with such temporary use.

Each sidewalk cafe shall be responsible for policing the area of the sidewalk cafe to ensure that alcohol beverages are not removed from the premises. All debris and unused food shall be removed by the owner before the close of business from the sidewalk cafe area.

§ 16.053 Specific temporary use standards.

This section does not limit the Plan Commission or Village Board's authority to refuse/permit outdoor areas for service and consumption of alcohol or fermented malt beverages in individual cases even if the license holder meets the above-mentioned conditions. This policy is not intended to create a vested right for the benefit of "Class A" or Class "B" license holders.

(j)

Failure to abide by the terms and conditions may result in the termination of the right to serve food or fermented malt or other alcohol beverages in a sidewalk cafe. The Village reserves the right to take further steps in case of repeated violations, including termination of a violator's "Class A" or Class "B" alcohol or fermented malt beverage license. The Village may also impose a forfeiture as provided in Section 10.01(9) per violation of this section.

Outdoor assembly.

Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

Signage shall comply with the requirements for temporary signs in Section 16.107.

Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the application.

If subject property is located adjacent to a residential area, activities shall be limited to daylight hours.

Adequate provisions for crowd control shall be made and shall be described within the application.

Shall comply with Section 16.126, standards, and procedures applicable to all temporary uses.

Outdoor display of merchandise, temporary.

Temporary outdoor display or sale of merchandise shall be located on the same lot and in conjunction with the primary use of the lot.

Temporary outdoor display or sale areas shall occur:

On the sidewalk area at the foundation of the primary use, limited to the free space, and not including a five (5)-foot wide pedestrian way.

In a portion of the parking lot, which shall not exceed twenty (20) percent of the parking spaces required for the operation of the primary use.

Seasonal sales.

Seasonal sales shall include the outdoor display or sale of seasonal merchandise not otherwise associated with the principal use of the lot.

Seasonal sales shall be permitted for a period not to exceed forty-two (42) days per calendar year.

Seasonal sales areas shall utilize a maximum of twenty (20) percent of the parking spaces required for the operation of the primary use.

Short term rental.

The residential dwelling in which short-term rental is offered shall be the primary residence of the property owner.

§ 16.054 Off-street parking and traffic circulation standards.

The short-term rental period shall be a minimum of seven (7) consecutive days and a maximum of one hundred and eighty (180) consecutive days in any one (1) visit.

Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way, to minimize the impacts of stormwater runoff caused by large expanses of paved area, and to promote the safety and general welfare of the public by establishing minimum and maximum requirements for the provision of off-street parking and circulation in accordance with the utilization of various sites.

Use of off-street parking areas. The use of all required off-street parking areas shall be limited to the parking of operable vehicles and bicycles not for lease, rent, or sale, unless otherwise permitted in this chapter.

Maintenance of off-street parking and traffic circulation areas. All off-street parking and traffic circulation areas shall be maintained in a dust-free condition at all times. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, unless otherwise permitted in this chapter.

Off-street vehicle parking and traffic circulation design standards.

Surfacing and Marking. All off-street vehicle parking and traffic circulation areas (including all residential driveways—except those within the A-1 and A-2 Agricultural Districts) shall be paved with a hard, all-weather surface, to the satisfaction of the Director of Public Works. Said surfaces intended for six (6) or more vehicle parking stalls shall be marked in a manner that clearly indicates required vehicle parking spaces.

Curbing. All off-street vehicle parking areas designed to have head-in vehicle parking within six and one-half (6.5) feet of any lot line or sidewalk shall provide a tire bumper or curb of adequate height and which is properly located to ensure that no part of any vehicle will project beyond the required setbacks of this chapter (see Section 16.031).

Access.

Each required off-street vehicle parking space shall open directly upon a lane or driveway designed to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into a public right-of-way.

All off-street vehicle parking and traffic circulation facilities shall be designed with an appropriate means of vehicular access to a street or alley, in a manner that least interferes with traffic movements.

No driveway across public property, or requiring a curb cut, shall exceed a width of thirty-five (35) feet for commercial and industrial land uses, or twenty (20) feet for residential land uses.

Off-street parking spaces for residential uses may be stacked or in front of one another for the same dwelling unit.