No mobile home parks or trailer parks or campgrounds
are permitted within any of the districts of the Village, except that
trailer parks and campgrounds are permitted as a conditional use in
the RD and Conservancy Districts.
All manufacturing uses listed in the conditional
use classification in the Industrial District regulations shall give
evidence of ability to comply with the following standards before
the issuance of a building permit or certificate of occupancy. Continued
compliance shall be required during the operation of such uses and
activities. No use already established on the effective date of this
chapter shall be so altered or modified as to conflict with or further
conflict with the performance standards established hereafter.
A. Vibration. No operation which creates vibrations which
are readily detectable without the use of instruments at any point
along lot lines shall be permitted.
B. Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 10, Chapter
1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, dated June 16, 1957, and any subsequent revisions or amendments.
C. Odor. No emission of odorous gas or other odorous
matter in such quantity as to be readily detectable at any point along
lot lines with use of instruments shall be permitted.
D. Toxic or noxious matter. No discharge beyond lot lines
of any toxic or noxious matter in such quantity as to be detrimental
to or endanger the public health, safety, comfort or welfare or cause
injury or damage to property and/or business shall be permitted.
E. Glare. No direct or reflected glare shall be detectable
from any residential district. If such glare is detectable, adequate
buffering by fence, hedge, or wall shall be constructed to alleviate
the condition.
F. Heat. No direct or reflected heat shall be detectable
without instrument from any commercial or residential district boundaries.
If such heat is detectable, adequate buffering by fence, hedge, or
wall shall be constructed to alleviate the condition.
G. Dust. No solid or liquid particles shall be emitted
in concentrations exceeding 0.3 grain per cubic foot of the conveying
gas or air.
H. Ash. No emission of fly ash in excess of the quantity
specified in the following table shall be permitted. For heat content
between any two consecutive heat contents given in the table, the
fly ash limitations shall be determined by means by interpolation.
|
Heat of Fuel Burned
(British Thermal Unit per hour)
|
Fly Ash Rate of Emission
(pounds per hour)
|
---|
|
1,000,000
|
1
|
|
100,000,000
|
100
|
|
400,000,000
|
330
|
|
1,000,000,000
|
750
|
|
2,000,000,000
|
1,365
|
|
3,000,000,000
|
1,850
|
|
4,000,000,000
|
2,260
|
|
5,000,000,000
|
2,640
|
|
6,000,000,000
|
2,950
|
|
7,000,000,000
|
3,200
|
|
8,000,000,000
|
3,410
|
|
10,000,000,000
|
3,750
|
I. Smoke. No emission of smoke from any source as measured
in the Ringelmann Chart published by the United States Bureau of Mines
shall be permitted in excess of the following:
(1) In commercial districts, a density described as Ringelmann
No. 3 may be emitted for not more than three minutes in any 15 consecutive
minutes.
(2) In an industrial district, a density described as
Ringelmann No. 3.
J. Sound. At no point on or beyond the boundary of any
lot in an industrial district shall the sound-pressure level resulting
from any use or activity, whether open or enclosed (except noises
not directly under control of the property user, noises resulting
from the construction and maintenance of buildings and facilities,
including site preparation, and the noises of safety signals, warning
devices, railroads and airports), exceed the maximum permitted decibel
levels for the designated octave band as set forth in the table below:
|
Octave Band Frequency
(cycles per second)
|
Sound-Pressure Level
(decibels)
|
---|
|
0 to 74
|
79
|
|
75 to 149
|
74
|
|
150 to 299
|
66
|
|
300 to 599
|
59
|
|
600 to 1,199
|
53
|
|
1,200 to 2,399
|
47
|
|
2,400 to 4,799
|
41
|
|
4,800 and over
|
39
|
|
(Note: Where an industrial district abuts a
district permitting residences, the maximum permitted decibel levels
at any point on or beyond the district boundary shall be reduced by
six decibels from the maximum permitted level in the table.)
|
A private swimming pool, as regulated herein,
shall be any pool, pond, lake or open tank not located within a completely
enclosed building and containing or normally capable of containing
water to a depth at any point greater than 1 1/2 feet. No such swimming
pool shall be allowed in any residence district or the Rural Development
District except as an accessory use and unless it complies with the
following conditions and requirements:
A. The pool is intended and is to be used solely for
the enjoyment of the occupants of the principal use of the property
on which it is located.
B. All yard requirements of the district in which it
is located shall apply.
C. The swimming pool, or the entire property on which
it is located, shall be so walled or fenced as to prevent uncontrolled
access by children from the street or from adjacent properties by
a fence not less than four feet in height maintained in good condition.
[Amended 6-12-2006 by Ord. No. 06-O-4; 11-6-2007 by Ord. No.
2007-O-12]
D. The pool complies with Chapter
113, Building Construction, of this Code.
Animal hospitals shall be located no closer
than 100 feet to any residential district, restaurant, hotel or motel
in any district and shall show that adequate measures and controls
shall be taken to prevent offensive noise and odor. No incineration
of refuse shall be permitted on the premises. An animal hospital may
only be erected as a conditional use granted in accordance with the
terms of this chapter.
Guest houses without kitchen facilities may
be constructed in rear yards, provided that they are a minimum of
10 feet from any other building and provided that all other yard requirements
of this chapter for a principal building are complied with.
No building shall be located within 100 feet
of any property line. Facilities such as restaurants and bars may
be permitted when conducted and entered from within the building.
Swimming pools, tennis courts and the like shall be located not less
than 25 feet from any property line, and adjoining property in any
residence or commercial district shall be effectively protected by
a wall, hedge and/or screen planting.
No animal feed yards, animal sales yards, riding
academies or public stables shall be located within the Village. This
does not eliminate the right of any present farm operation to be continued
with the limitations hereinbefore provided.
Agricultural processing plants in any residence
district which process agricultural products produced on the premises
or within a contiguous area shall be so located as to provide convenient
trucking access with a minimum of interference to normal traffic and
shall provide parking and loading spaces. The proponent shall show
that adequate measures shall be taken to control odor, dust, noise
and waste disposal so as not to constitute a nuisance and shall show
that the proposed source of water will not deprive others of normal
supply.
Drive-in theaters shall be located only on major
or secondary thoroughfares, shall provide ingress and egress so designed
as to minimize traffic congestion, shall be located sufficiently distant
from any residence district, except the RD Residence District, or
an existing dwelling and so screened from such district or dwelling
that any noise shall not disturb residents and shall maintain lighted
signs and other lights only in such a way as not to disturb neighboring
residents.
Golf driving ranges and amusement parks shall
be located on major or secondary thoroughfares or nonresidential property.
Golf driving platforms shall be not less than 200 feet from any adjacent
residence district, except the RD Residence District, or an existing
dwelling. A temporary certificate may be granted to be in force for
one year only, which certificate may be renewed for a period of one
year at the expiration of such certificate, provided that all requirements
of this chapter have been and can continue to be complied with.
A cemetery, crematory, mausoleum or columbarium
shall provide entrance on a major street or road with ingress and
egress so designed as to minimize traffic congestion, shall provide
required off-street parking space and shall provide a minimum six-foot-high
wall or minimum three-foot-thick, six-foot-high evergreen hedge or
provide a minimum 20 feet of permanently maintained planting strip
on all property lines abutting any R District or residential street.
Community buildings, social halls, lodges, fraternal
organizations and club buildings must be a minimum of 20 feet from
the side lot lines and 50 feet from the rear lot line. There shall
be no external evidence of any gainful activity, however incidental,
nor any access to any space used for gainful activity other than from
within the building. Any such use must be located on a major or secondary
thoroughfare or be able to provide access without causing heavy traffic
on local residential streets. Community buildings, private clubs,
lodges, and social or recreational establishments may engage in retail
sales for guests only, provided that:
A. There shall be no external evidence of any gainful
activity, however incidental, nor any access to any space used for
gainful activity other than from within the building.
B. That there be no harm to adjacent existing or potential
residential development due to excessive traffic generation or noise
or other circumstances.
Approval must be obtained from proper agencies concerning health and safety conditions, and said home must be licensed by such agencies, and said use must meet space requirements specified in §
310-25F of this chapter.
Hospitals, churches or other religious or eleemosynary
institutions shall be located on a major street on a minimum parcel
of 1/2 acre and shall maintain a ten-foot-wide minimum landscaped
strip on all property lines abutting all residence districts, except
the RD Residential District, and on all residential streets.
Fertilizer plants and yards shall be no closer
than 200 feet to any residence district, except the RD Residence District,
shall provide automobile parking and truck loading area together with
ingress and egress so designed to minimize traffic hazard and congestion,
and shall show that odor, dust, noise, and drainage shall not constitute
a nuisance to surrounding properties.
Aboveground storage of materials or products
rated as fast burning, or which produce flammable or explosive vapors
or gases in quantities over 1,000 gallons, will only be permitted
in the I District, provided that such storage area is not less than
600 feet distant from any other zoning district. Such storage area
must be provided with adequate safety devices against the hazard of
fire and explosion and adequate fire suppression and fire-fighting
equipment and devices standard to the industry and shall meet the
requirements of other applicable Village ordinances.
[Amended 6-12-2006 by Ord. No. 06-O-4]
Amusement centers, bowling alleys, dance halls
and similar places of amusement shall provide parking with ingress
and egress designed so as to minimize traffic congestion, shall not
be less than 20 feet from any property line, shall provide a minimum
six-foot privacy fence or masonry wall separating parking areas from
abutting residential property and shall show that adequate controls
or measures will be taken to prevent offensive noise and vibration.
Any of the above presently in use may be continued, and exceptions
may be granted by the Village Board to the above provisions in the
event of the conversion of any present commercial building to any
of the above purposes.
[Amended 6-12-2006 by Ord. No. 06-O-4]
A nursery school or day-care center for more
than 15 children shall maintain a minimum six-foot-high privacy fence
combined with a minimum three-foot-wide shrub planting area or a minimum
six-foot-high masonry wall next to any property line abutting a residential
district. A nursery school for more than 15 children shall be located
only on a minimum lot of 10,000 square feet and shall not develop
excessive traffic on local residential streets.
A temporary tract office in any district shall
be located on the property to which it is appurtenant and shall be
limited to a six-month period, at the expiration of which time the
applicant may request a further extension of time. Otherwise the tract
office shall be removed at the expense of the owner.
A. Permit required; exceptions.
(1) The extractions from or deposits on the earth of rock,
stone, gravel, sand, earth, minerals, or building or construction
materials shall not be construed to be a permitted use in any district
established by this chapter unless and until a zoning permit shall
first have been secured therefor, except for the following defined
extractions and deposits:
(a)
Excavations for the foundations or basement
of any building or for a swimming pool for which a zoning permit and
a building permit have been issued, or deposits on the earth of any
building or construction materials to be used in a structure for which
such zoning permit and building permit have been issued.
(b)
Grading of any parcel of land for a permitted
use where no bank is left standing and exposed of more than 10 feet
in vertical height or when less than 1,000 cubic yards of earth is
removed from the premises.
(c)
Grading in a subdivision which has been approved by the Village in accordance with Chapter
295, Subdivision of Land, of this Code and any amendments thereto.
(d)
Excavations by any public agency or public utility
for the installation, operation, inspection, repair or replacement
of any of its facilities.
(2) Any quarry existing and operating as such on the effective
date of this section shall obtain a new use permit and conform to
the provisions of this chapter within one year of the adoption of
this chapter.
B. Conditional extraction permit.
(1) Granted by Village Board. The Village Board shall
have the power to grant conditional zoning permits, revocable and
valid for specified periods of time, to permit extractions from or
deposits on the earth of rock, stone, gravel, earth, minerals or building
or construction materials.
(2) Building Inspector to inspect at applicant's cost.
The Building Inspector shall make such inspections as he deems necessary
or as are required by the Village Board to ensure that all work is
in accordance with the use permit. All inspection services shall be
paid for by the applicant at the actual cost to the Village.
(3) Conditions to be imposed. The conditions under which
a use permit for excavation from or depositing on the earth of said
materials may be issued may include, but are not limited to, any requirements
deemed necessary to protect the public health, safety, comfort, convenience
or general welfare, including but not limited to insurance against
liability arising from production or activities or operations incident
thereto; completion of the work and cleaning up and planting in accordance
with approved plans; designation of area in which work may be done;
designation of the slope to which excavation may be made or the grade
of filling; provisions for controlling dust; hours during which operations
may proceed; precautions which must be taken to guide safe traffic
movements in and around and by said operation; enclosure by fences
of exterior boundaries of property to be used; posting of a good and
sufficient bond to assure compliance with the use permit; and any
other conditions deemed necessary by the Village Board.
[Added 1-2-2001 by Ord. No. 00-O-9]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
RADIO OR TELEVISION ANTENNA TOWER
Any structure, whether freestanding or attached to an existing
building or structure, that is designed and constructed primarily
for the purpose of supporting one or more noncommercial antennas,
including self-supporting lattice towers, guy towers or monopole towers.
The term includes radio and television reception and transmission
towers, alternative tower structures and the like, used solely for
noncommercial purposes by the owner, occupant, or tenant of the property.
B. Installation restrictions. No radio or television
antenna tower shall be erected or installed within the front yard
or side yard. The rear setback and the side setback in the rear yard
shall be that for the principal structure within the respective zoning
district. The exact location and installation of the antenna tower
shall be subject to approval by the Village Board. Any antenna attached
to the wall or roof of any principal or accessory structure shall
be subject to the structure being constructed to carry all imposed
loading. The Building Inspector may require engineering calculations
to support proposed installations.
C. Height restrictions. No radio or television antenna
tower shall exceed a height of 20 feet above the roofline of the building
on the property upon which the antenna is located or 60 feet above
the ground measured at grade level, whichever is the minimum.
D. Safety code compliance. Radio and television antenna
towers shall be erected and installed in accordance with the Wisconsin
State Electrical Code, National Electrical Safety Code and the instructions
of the manufacturer. In cases of conflict, the stricter requirements
shall govern.
[Added 1-2-2001 by Ord. No. 00-O-9]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
COMMUNICATION TOWER
Any structure, whether freestanding or attached to an existing building or structure, that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like, used for commercial purposes. Residential radio and television antenna towers are governed by §
310-73 of this chapter.
B. Safety code compliance. Communication towers shall
be erected and installed in accordance with the Wisconsin State Electrical
Code, National Electrical Safety Code, and all other applicable building
codes and federal and state laws and regulations and the instructions
of the manufacturer. In cases of conflict, the stricter requirements
shall govern. The applicant or owner seeking to install communication
tower equipment shall present to the Village credible evidence establishing
to a reasonable degree of certainty that the tower will not cause
electromagnetic interference with equipment on any existing communication
tower(s) or other electronic devices, including but not limited to
radios, televisions, and telephones, within the area in which the
applicant's equipment must be located, and that the equipment on any
existing communication tower(s) will not cause interference with the
applicant's equipment.
C. Procedure and standards for the placement, construction or modification of communication towers. This subsection provides the procedures and standards for issuance of conditional use permits for the placement, construction or modification of communication towers as defined in Subsection
A of this section.
(1) Permit required. It is intended that conditional use
permits shall be issued under this section to accommodate the expansion
of wireless communication technology while minimizing the number of
tower sites through the requirement that permitted towers be placed
or constructed so that they may be utilized for the collocation of
antenna arrays to the extent technologically and economically feasible.
(2) Requirement for conditional use permit. No conditional
use permit for the placement or construction of a tower shall be issued
unless the applicant presents to the Village Board credible evidence
establishing to a reasonable degree of certainty the following:
(a)
No existing communication tower is located within
the area in which the applicant's equipment must be located;
(b)
No existing communication tower within the area
in which the applicant's equipment must be located is of sufficient
height to meet the applicant's requirements and the deficiency in
height cannot be remedied at a reasonable cost;
(c)
No existing communication tower within the area
in which the applicant's equipment must be located has sufficient
structural strength to support the applicant's equipment and the deficiency
in structural strength cannot be remedied at a reasonable cost;
(d)
The applicant's equipment would cause electromagnetic
interference with equipment on the existing communication tower(s)
within the area in which the applicant's equipment must be located
or the equipment on the existing communication tower(s) would cause
interference with the applicant's equipment and the interference,
from whatever source, cannot be eliminated at a reasonable cost;
(e)
The fees, costs or contractual provisions required
by the owner in order to collocate on an existing communication tower
are unreasonable relative to industry norms; or
(f)
The applicant demonstrates that there are other
factors that render existing communication towers unsuitable or unavailable
and establishes that the public interest is best served by the placement
or construction of a new communication tower.
(3) Impediments to collocation. The cost of eliminating
impediments to collocation shall be deemed reasonable if it does not
exceed 25% of the cost of constructing a new tower on which to mount
the applicant's equipment.
(4) Third party consultation. In the event the Village Board determines that it is necessary to consult with a third party in considering the factors listed in Subsection
C(2) above, all reasonable costs and expenses associated with such consultation shall be borne by the applicant. Failure to pay such costs and expenses or provide information requested by the Village Board shall be grounds for denial or revocation of a conditional use permit. The applicant may provide to the Village Board the names of consultants which the applicant believes are qualified to assist in resolving the issues before the Village Board.
(5) Height restriction. No communication towers shall
exceed a height of 200 feet above the ground measured at grade level.
In applying the standards and criteria set forth in this section to
applications for conditional use permits for the placement or construction
of a communication tower, the Village Board shall, unless it is shown
to be unreasonable, condition the grant of the permit upon the applicant
placing or constructing the communication tower so as to accommodate,
at a minimum height of 150 feet, the collocation of two additional
antenna arrays similar in size and function to that placed on the
tower by the applicant. Collocation sites need not be available on
the tower as initially placed or constructed, provided that the tower
will support at the specified minimum height the later addition of
the required number of collocation sites. Notwithstanding the height
and number of collocation sites on the tower, design approved and
permitted under this section shall be for a tower of 150 feet in height
and shall include the required collocation sites. The holder of a
permit under this section shall make the collocation sites required
hereunder available for the placement of technologically compatible
antenna arrays and equipment upon contractual provisions which are
standard in the industry and at prevailing market rates allowing the
permit holder to recoup the cost of providing the collocation sites
and a fair return on investment.
(6) Permit required for modifications. Unless otherwise provided herein, a conditional use permit is required for any modification of a communication tower which significantly alters the appearance or structural integrity of the tower or which involves the installation of antenna or equipment differing in size and function from that previously installed on the tower. The Village Board shall apply the standards under §
310-43A(1) through
(5) of this chapter when considering an application for a conditional use permit to allow the modification of an existing communication tower. In addition, the Village Board shall consider the reasonableness, based on economic and technological feasibility, of conditioning the grant of the conditional use permit upon modifying the tower in a manner which would accommodate the collocation of one or more additional antenna arrays.
(7) Proof of compliance. Upon written inquiry by the Village
Board, the recipient of a conditional use permit under this section
shall have the burden of presenting credible evidence establishing
to a reasonable certainty the continued compliance with all conditions
placed upon the conditional use permit. Failure to establish compliance
with all conditions placed upon the conditional use permit shall be
grounds for revocation of the permit. In the event the Village Board
determines that it is necessary to consult with a third party to ascertain
compliance with conditions on a conditional use permit, all reasonable
costs and expenses associated with such consultation shall be borne
by the holder of the subject conditional use permit. Failure to pay
such costs and expenses or provide information requested by the Village
Board shall be grounds for revocation of the conditional use permit.
The holder of the subject conditional use permit may provide to the
Village Board the names of consultants which the permit holder believes
are qualified to assist in resolving the issues before the Village
Board. In any event, where a dispute arises under this section involving
an applicant for a conditional use permit and the holder of a conditional
use permit hereunder, the Village Board may allocate consulting costs
and expenses between the applicant and permit holder.
(8) Collocation on existing towers. A conditional use
permit shall not be required for collocation on an existing tower
permitted under this section, provided that the collocated antenna
array or equipment is similar in size and function to that installed
by the holder of the conditional use permit for the tower, does not
significantly alter the appearance or structural integrity of the
tower approved and permitted under this section, and is fully in compliance
with all conditions contained in the original conditional use permit.
The holder of the conditional use permit for any tower on which collocation
occurs shall, within 30 days of such collocation, provide the Village
Board with written notification of the identity of the collocator
and the nature of the equipment installed. Within 30 days of the date
on which any collocated use ceases, the permit holder shall provide
the Village Board with written notice of the cessation of such use.
(9) Incidental buildings. The holder of a conditional
use permit for a tower and any user collocating under this section
shall each be permitted to construct a building of no more than 14
feet in height and 314 square feet in floor area for use directly
incidental and necessary to the use of the tower. Two or more users
of the tower may build a single building with a floor area of no more
that 314 square feet per user sharing the building. Buildings constructed
or used by tower collocators shall be subject to conditions established
for the conditional use permit for the tower.
(10)
Identification of transmission equipment. Conditional
use permits issued hereunder shall identify the primary type or types
of transmission equipment which is to be placed on the subject communication
tower. Any communication tower on which the transmission equipment
so identified is no longer placed or used for a continuous period
of 12 months shall, upon notification by the Village Board, be removed
by the holder of the conditional use permit issued under this section.
If the tower is not removed within 60 days of such notification, the
Village may remove the tower at the expense of the holder of the conditional
use permit.
(11)
Applicant's disclosure of plans. The Village
Board may require that an applicant for a conditional use permit under
this section provide information regarding the applicant's then current
plans for future placement or construction of communication towers
in, or within 1 1/2 miles of, the Village limits in addition
to the tower which is the subject of the application.
(12)
Tower height. The height of a communication
tower shall be calculated as the overall vertical height of any structure,
whether freestanding or attached to an existing building or structure,
including all antenna and equipment attached to such tower, above
the ground.
(13)
Abandonment and removal. When one or more antennas, a tower, an antenna support structure, or related equipment is not operated for the provision of communication services, as such services are defined above in Subsection
A, for a continuous period of 12 months or more, such antenna, tower, antenna support structure, or related equipment may be deemed to be abandoned by the Village. The owner of such an antenna, tower, antenna support structure, or related equipment shall remove such items within 90 days following the mailing of written notice that the removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If two or more providers of communication services use the tower, antenna support structure, or related equipment to provide communication services, then the period of nonuse under this provision shall be measured from the cessation of operation at the location of such tower, antenna support structure or related equipment by all such providers.