Village of Pleasant Prairie, WI: Residential decks, porches, steps and stairs.

§ 420-86 Residential detached garages or carports; gardening, tool or storage sheds; pergolas or gazebos; and farm-related structures, excluding silos and storage bins.

[Amended 2-18-2008 by Ord. No. 08-10; 3-15-2010 by Ord. No. 10-18; 9-19-2011 by Ord. No. 11-27; 4-7-2014 by Ord. No. 14-06; 7-17-2017 by Ord. No. 17-31; 7-17-2017 by Ord. No. 17-32; 7-20-2020 by Ord. No. 20-26; 7-24-2023 by Ord. No. 23-30; 8-11-2025 by Ord. No. 25-33]

Zoning permit required. No person shall construct, repair, replace, install, enlarge, or alter any detached accessory structure specified below unless a valid zoning permit for said structure has first been issued pursuant to this chapter and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate actions to prosecute the violation of this chapter. (See § 420-22 of this chapter for additional information related to a zoning permit, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation of or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.)

(1)

The following general standards shall apply to all structures allowed pursuant to § 420-86:

(a)

Detached garages and carports; gardening, tool or storage sheds constructed of canvas, plastic or other similar materials are prohibited. The roof of gazebos or pergolas may be constructed with steel, translucent panels, asphalt, metal, wood, canvas, cloth or other similar material as approved by the Zoning Administrator.

(b)

A shipping container shall not be used for any detached accessory structure as allowed in § 420-86.

(c)

Said structure shall not be used for human habitation.

(d)

Said structure may be used for an animal shelter for any livestock or household pets allowed in the said district.

Standards for detached garages or carports; gardening, tool or storage sheds; pergolas and gazebos within the residential districts listed below, and other farm-related accessory structures, excluding silos and storage bins, which are only allowed within the A-2, A-3 and AGO Districts.

(1)

In the C-2, A-2, A-3, AGO, R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7, R-8 and R-12 Zoning Districts, the following is required:

(a)

If the structure is 150 square feet or less in area (first floor area not to exceed 150 square feet), then the following shall be required:

[1]

Said structure shall only be located in a side yard, side street yard, rear yard or rear street yard;

[2]

Said structure shall be a minimum of 10 feet from a principal structure, except a gazebo or pergola without an asphalt roof may be constructed with a zero-foot setback from the principal structure, provided that the roof of the principal structure and the gazebo/pergola roof do not overlap each other and further provided that the gazebo/pergola is securely bolted or attached to the ground/patio or deck. A gazebo/pergola with an asphalt roof shall be setback a minimum of 10 feet from the principal structure. A gazebo/pergola attached to the principal structure is considered a porch and shall follow the requirements of § 420-87 of this chapter;

[3]

Said structure shall be a minimum of:

[a]

Five feet from any other accessory structure that is less than 1,000 square feet in size;

[b]

Ten feet from any other accessory structure that is between 1,001 and 2,000 square feet in size; and

[c]

Twenty-five feet from any other accessory structure that is greater than 2,000 square feet in size;

[4]

Said structure shall be a minimum of three feet from any side or rear lot line;

[5]

Said structure shall be a minimum of five feet from any rear street lot line adjacent to a Village right-of-way, shall be a minimum of 15 feet from any rear street lot line adjacent to a county or state right-of-way, and shall be a minimum of 15 feet from any side street property line;

[6]

Said structure shall not exceed 15 feet in height as measured from the grade at the base of the structure to the highest roof ridge;

[7]

(Reserved)

[8]

Said structure shall be set back a minimum of 25 feet from the ordinary high-water mark of a navigable waterway.

[9]

Said structure shall be located a minimum of 25 feet from wetlands on said property; and

[10]

In no case shall an individual detached accessory structure exceed the first floor square foot area of the principal structure (excluding an attached garage or deck) or exceed the height of the principal structure on said property.

(b)

If the structure is between 151 square feet and 600 square feet in area (first floor area not to exceed 600 square feet), then the following shall be required:

[1]

Said structure shall only be located in a side yard, rear yard or rear street yard, however, not allowed in the R-7 District;

[2]

Said structure shall be located a minimum of 10 feet from a principal structure, except a gazebo or pergola without an asphalt roof may be constructed with a zero-foot setback from the principal structure, provided that the roof of the principal structure and the gazebo/pergola roof do not overlap each other and further provided that the gazebo/pergola is securely bolted or attached to the ground/patio or deck. A gazebo/pergola with an asphalt roof shall be set back a minimum of 10 feet from the principal structure. A gazebo/pergola attached to the principal structure is considered a porch and shall follow the requirements of § 420-87 of this chapter;

[3]

Said structure shall be a minimum of:

[a]

Five feet from any other accessory structure that is less than 1,000 square feet in size;

[b]

Ten feet from any other accessory structure that is between 1,001 and 2,000 square feet in size; and

[c]

Twenty-five feet from any other accessory structure that is greater than 2,000 square feet in size;

[4]

Said structure shall be located a minimum of five feet from any side or rear lot line;

[5]

Said structure shall be a minimum of 10 feet from any rear street lot line and shall be a minimum of 20 feet from any rear street lot line adjacent to a county or state right-of-way;

[6]

Said structure shall not exceed 15 feet in height as measured from the grade at the base of the structure to the highest roof ridge;

[7]

(Reserved)

[8]

Said structure shall be set back a minimum of 25 feet from the ordinary high-water mark of a navigable waterway, except a minimum of a 50-foot setback is required from the ordinary high-water mark of Lake Michigan.

[9]

Said structure shall be located a minimum of 25 feet from wetlands on said property; and

[10]

(c)

If the structure is between 601 square feet and 1,000 square feet in area (first floor area not to exceed 1,000 square feet), then the following shall be required:

[1]

Said structure shall only be located in a side yard, rear yard or rear street yard, except if located within an A-2 or AGO District and not allowed in the R-7 District;

[2]

Said structure shall be a minimum of 10 feet from a principal structure;

[3]

Said structure shall be a minimum of:

[a]

Five feet from any other accessory structure that is less than 1,000 square feet in size;

[b]

Ten feet from any other accessory structure that is between 1,001 and 2,000 square feet in size; and

[c]

Twenty-five feet from any other accessory structure that is greater than 2,000 square feet in size;

[4]

Said structure shall be a minimum of 10 feet from any side or rear lot line;

[5]

Said structure shall be a minimum of 20 feet from any rear street lot line adjacent to a Village right-of-way and shall be a minimum of 40 feet from any rear street lot line adjacent to a county or state right-of-way;

[6]

(Reserved)

[7]

Said structure shall not exceed 20 feet in height, except as provided below:

[a]

In the A-3 District where the lot is greater than five acres, said structure shall not exceed 50 feet in height;

[b]

In the A-2 or AGO District where the lot is a minimum of five acres, said structure shall not exceed 50 feet in height;

[c]

In the A-2 or AGO District where the lot is greater than 10 acres, said structure shall not exceed 100 feet in height;

[8]

[9]

Said structure shall be located a minimum of 25 feet from wetlands on said property; and

[10]

In no case shall an individual detached accessory structure exceed the first floor square foot area of the principal structure (excluding an attached garage or deck), except in the A-2, A-3 and AGO Districts.

[11]

In no case shall an individual detached accessory structure exceed the height of the principal structure on said property, except in the A-2, A-3 and AGO District, where the maximum height complies with Subsection B(1)(c)[7] above.

(d)

If the structure is between 1,001 square feet and 1,500 square feet in area (first floor area not to exceed 1,500 square feet), then the following shall be required:

[1]

The lot shall be a minimum of 20,000 square feet, however not allowed in the R-5, R-6, R-7 or R-8 District;

[2]

Said structure shall only be located in a side yard or rear yard, except if located within an A-2 or AGO District;

[3]

Said structure shall be a minimum of 15 feet from a principal structure;

[4]

Said structure shall be a minimum of:

[a]

Ten feet from any other accessory structure that is less than 2,000 square feet in size; and

[b]

(Reserved)

[c]

Twenty-five feet from any other accessory structure that is greater than 2,000 square feet in size;

[5]

Said structure shall be a minimum of 15 feet from any side or rear lot line;

[6]

(Reserved)

[7]

Said structure shall not exceed 20 feet in height, except as provided below:

[a]

In the A-3 District where the lot is greater than five acres, said structure shall not exceed 50 feet in height;

[b]

In the A-2 or AGO District where the lot is a minimum of five acres, said structure shall not exceed 50 feet in height;

[c]

In the A-2 or AGO District where the lot is greater than 10 acres, said structure shall not exceed 100 feet in height;

[8]

[9]

Said structure shall be located a minimum of 25 feet from wetlands on said property; and

[10]

[11]

In no case shall an individual detached accessory structure exceed the height of the principal structure on said property, except in the A-2, A-3 and AGO Districts, where the maximum height complies with Subsection B(1)(d)[7] above.

(e)

If the structure is between 1,501 square feet and 2,000 square feet in area (first floor area not to exceed 2,000 square feet), then the following shall be required:

[1]

The lot shall be a minimum of two acres (87,120 square feet); however, not allowed in the R-4.5, R-5, R-6, R-7 and R-8 Districts;

[2]

Said structure shall only be located in a side yard or rear yard, except if located within an A-2 or AGO District;

[3]

Said structure shall be a minimum of 15 feet from a principal structure;

[4]

Said structure shall be a minimum of:

[a]

Ten feet from any other accessory structure that is less than 2,000 square feet in size; and

[b]

(Reserved)

[c]

Twenty-five feet from any other accessory structure that is greater than 2,000 square feet in size;

[5]

Said structure shall be a minimum of 25 feet from any side or rear lot line;

[6]

(Reserved)

[7]

Said structure shall not exceed 20 feet in height, except as provided below:

[a]

In the A-3 District where the lot is greater than five acres, said structure shall not exceed 50 feet in height;

[b]

In the A-2 or AGO District where the lot is a minimum of five acres, said structure shall not exceed 75 feet in height;

[c]

In the A-2 or AGO District where the lot is greater than 10 acres, said structure shall not exceed 100 feet in height;

[8]

[9]

Said structure shall be located a minimum of 25 feet from wetlands on said property; and

[10]

[11]

(f)

If the structure is between 2,000 square feet and 5,000 square feet in area (first floor area not to exceed 5,000 square feet), then the following shall be required:

[1]

The lot shall be zoned A-2, A-3 or AGO and be a minimum of five acres (217,800 square feet);

[2]

Said structure shall only be located in a side yard or rear yard, except if located within an A-2 or AGO District;

[3]

Said structure shall be a minimum of 20 feet from a principal structure;

[4]

Said structure shall be a minimum of 25 feet from any other accessory structure;

[5]

Said structure shall be a minimum of 25 feet from any side lot line and a minimum of 50 feet from any rear lot line;

[6]

(Reserved)

[7]

(Reserved)

[8]

Said structure shall not exceed 50 feet in height in the A-3 District or 100 feet in the A-2 or AGO District;

[9]

[10]

Said structure shall be located a minimum of 25 feet from wetlands on said property.

(g)

If the structure is larger than 5,000 square feet in area (first floor area not to exceed 5,000 square feet), then the following shall be required:

[1]

The lot shall be zoned A-2 or AGO and be a minimum of 10 acres (435,600 square feet);

[2]

Said structure shall be a minimum of 20 feet from a principal structure;

[3]

Said structure shall be a minimum of 25 feet from any other accessory structure;

[4]

Said structure shall be a minimum of 25 feet from any side lot line and a minimum of 50 feet from the rear lot line;

[5]

(Reserved)

[6]

(Reserved)

[7]

Said structure shall not exceed 100 feet in height;

[8]

[9]

Said structure shall be located a minimum of 25 feet from wetlands on said property and at least 10 feet from wetlands on adjacent properties.

(2)

In the R-9, R-10 and R-11 Zoning Districts the following is required:

(a)

A structure that is 600 square feet or less in area (first floor area not to exceed 600 square feet) shall be located in a side yard or rear yard, provided that the structure is at least 10 feet from a principal structure unless the structure is a pergola without solid roof structure, at least five feet from any other accessory structure, and at least five feet from any lot line; shall be set back a minimum of 25 feet from the ordinary high-water mark of a navigable waterway, except a minimum of a 50-foot setback is required from the ordinary high-water mark of Lake Michigan; shall be located at least 25 feet from wetlands on said property; and shall not exceed 20 feet in height.

(b)

A structure that is between 601 square feet in area and 1,000 square feet in area (first floor area not to exceed 1,000 square feet) shall be located in a side yard or rear yard unless the structure is a pergola without solid roof structure, provided that the structure is at least 15 feet from a principal structure, at least 10 feet from any other accessory structure, and at least 20 feet from any lot line; shall be set back a minimum of 25 feet from the ordinary high-water mark of a navigable waterway, except a minimum of a 50-foot setback is required from the ordinary high-water mark of Lake Michigan; shall be located at least 25 feet from wetlands on said property; and shall not exceed 20 feet in height.

(c)

A structure that is between 1,001 square feet in area and 1,500 square feet in area (first floor area not to exceed 1,500 square feet) shall be located in a side yard or rear yard, provided that the structure is at least 15 feet from a principal structure, at least 10 feet from any other accessory structure and at least 25 feet from any lot line; shall be set back a minimum of 25 feet from the ordinary high-water mark of a navigable waterway, except a minimum of a 50-foot setback is required from the ordinary high-water mark of Lake Michigan; shall be located at least 25 feet from wetlands on said property; and shall not exceed 20 feet in height.

(d)

A structure that is between 1,501 square feet in area and 2,000 square feet in area (first floor area not to exceed 2,000 square feet) shall be located in a side yard or rear yard, provided that the structure is at least 15 feet from a principal structure, at least 10 feet from any other accessory structure and at least 30 feet from any lot line; shall be set back a minimum of 25 feet from the ordinary high-water mark of a navigable waterway, except a minimum of a 50-foot setback is required from the ordinary high-water mark of Lake Michigan; shall be located at least 25 feet from wetlands on said property; and shall not exceed 20 feet in height.

(e)

In no case shall an individual structure exceed the first-floor square foot area of the principal structure (excluding an attached garage or deck) or exceed the height of the principal structure on said property.

(f)

If the detached structure provides parking for multiple tenants/owners within a multifamily residential building, then the interior of each individual garage shall be fully finished with drywall (taped and painted) and meet fire separations requirements pursuant to the state building code requirements.

(g)

Permitted roof surface materials include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator that is similar or complementary to the principal building.

(h)

Permitted exterior siding materials include brick, stone, wood, cement board or other appropriate siding material as approved by the Village Zoning Administrator that is similar or complementary to the principal building. At a minimum, 50% of each wall surface, excluding windows, doors and garage doors, shall be constructed of brick or stone. The exterior siding material shall extend to the top of the foundation and be within six inches above the final grade.

§ 420-87 Residential decks, porches, steps and stairs.

[Amended 2-18-2008 by Ord. No. 08-10; 4-7-2014 by Ord. No. 14-06; 7-17-2017 by Ord. No. 17-32; 10-16-2017 by Ord. No. 17-51]

Zoning permit required. No person shall construct, repair, replace, install, enlarge, or alter any deck or porch or steps or stairs unless a valid zoning permit for said structure has first been issued pursuant to this chapter and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate actions to prosecute the violation of this chapter. (See § 420-22 of this chapter for additional information related to a zoning permit for said structure, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.)

Setback requirements for decks, porches, steps or stairs in any agricultural district, C-2 Conservancy District or R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7, R-8 or R-12 Residential District:

[Amended 7-20-2020 by Ord. No. 20-26]

(1)

Shall be set back a minimum of five feet from any rear property line, provided that the structure is not located within any easements.

(2)

Shall be set back a minimum of three feet from any side property line, provided that said structure is not located within any easements.

(3)

Shall be set back 10 feet from any wetland on the property.

(4)

May be located in a shore yard, provided that it is not located on the water side of the ordinary high-water mark of said navigable waterway, and further provided that said structure does not block, redirect or impede the flow of water or drainage within the area, provided that said structure is not located within any easements and is not located within an area regulated under the Floodplain Zoning Ordinance in Chapter 430.

[Amended 4-11-2024 by Ord. No. 24-05]

(5)

Shall be set back a minimum of five feet less than the minimum required street setback in the underlying district from arterial streets or highways and a minimum of 35 feet from nonarterial streets or private roads in any agricultural district and in the R-1 and R-2 or C-2 District, provided that said structure is not located within any easements.

(6)

Shall be set back a minimum of five feet less than the minimum required street setback in the underlying district from arterial streets or highways and a minimum of 25 feet from nonarterial streets or private roads in the R-3, R-4, R-4.5, R-5, R-6, R-7, R-8 and R-12 Residential Districts, provided that said structure is not located within any easements.

(7)

Shall be set back a minimum of three feet from an adjacent manufactured/mobile home, including an adjacent deck, porch, steps and stairs, located within the R-12 District.

Setback requirements for decks, porches, steps or stairs in the R-9, R-10 or R-11 Residential Districts:

[Amended 7-20-2020 by Ord. No. 20-26]

(1)

Shall meet the street, side and rear setback requirements as specified in the underlying zoning district.

(2)

Shall be set back 10 feet from any wetland on the property.

(3)

[Amended 4-11-2024 by Ord. No. 24-05]

§ 420-88 Residential sport courts.

Zoning permit required. No person shall construct, repair, replace, install, enlarge, or alter any sport court unless a valid zoning permit for said structure has first been issued pursuant to this chapter and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate actions to prosecute the violation of this chapter. See § 420-22 of this chapter for additional information related to a zoning permit for a sport court, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.

Standards for a sport court.

(1)

One sport court is allowed per property.

(2)

The sport court shall be located in the side or rear yard, provided that such court is 10 feet from the property line.

[Amended 7-20-2020 by Ord. No. 20-26]

(3)

All sport courts over 1,200 square feet shall be required to have a ten-foot-high heavy-duty sport net or a fence surrounding the court.

(4)

If any sport court is proposed to be lit, such lights shall be directed downward and shielded so as not to shine or cause a glare onto adjacent properties and/or roadways.

§ 420-88.1 Roadside stands.

[Added 3-15-2010 by Ord. No. 10-19]

Zoning permit not required. A zoning permit is not required for a roadside stand; however, no person shall construct, repair, replace, install, enlarge, or alter any roadside stand unless the following standards are met.

Standards for roadside stands.

(1)

Allowed in any agricultural district.

(2)

Number: one roadside stand per property.

(3)

Size: 300 square feet maximum.

(4)

Height: 15 feet maximum.

(5)

Only products produced on site shall be sold at the roadside stand.

(6)

Setbacks: five feet minimum to any property line.

(7)

Said roadside stand shall be properly maintained and removed from the property when no longer in use.

§ 420-88.2 Solar energy systems.

[Added 5-3-2021 by Ord. No. 21-07; amended 4-11-2024 by Ord. No. 24-05; 8-11-2025 by Ord. No. 25-33]

Purpose and intent. The Village Board finds the following:

(1)

The purpose of this section is to regulate solar energy systems subject to the provisions and limitations of this section and § 66.0401, Wis. Stats.

(2)

This section is intended to preserve or protect the public health or safety; does not significantly increase the cost of the system or significantly decrease its efficiency; and allows for an alternative system of comparable cost and efficiently.

(3)

This section provides a process for obtaining necessary permits while protecting the interests of Village residents and businesses.

Definitions. The definitions set out below shall apply to this section and shall control with respect to solar energy systems in the event of any inconsistency between these definitions and the definitions set forth in Article XXI of this chapter.

SOLAR ENERGY SYSTEM

Equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. A solar energy system is either solar for individual users or a solar farm as defined in this section. A solar energy system includes solar collectors, frames, supports and any mounting hardware, battery storage equipment, converters or invertors.

SOLAR FARM

A solar energy system that generates enough electricity to serve many customers by wholesale or retail sale and not primarily for consumption on the property on which the system is located. The solar collectors are ground mounted on open land near an existing substation or electric transmission infrastructure.

SOLAR ENERGY SYSTEM FOR INDIVIDUAL USERS

Solar energy system that generates electricity for the individual property owner, with either building-mounted or ground-mounted solar collectors, as opposed to a solar farm which generates enough electricity to serve many off-site customers.

SOLAR COLLECTOR

A device that absorbs solar energy for use in the collector's energy transformation process.

Permit required. No person shall construct, repair, replace, install, enlarge, or alter any solar energy system, as defined by this section, unless a valid permit for said system has first been issued pursuant to this section and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate action to prosecute the violation of this chapter. See § 420-22 of this chapter for additional information related to a zoning permit, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.

Solar energy system for individual users standards.

(1)

Building-mounted systems in any Agricultural, Residential or Upland Conservancy Zoning District shall meet the following requirements:

(a)

The solar energy system shall not extend more than six inches from the original exterior perimeter of a principal or accessory building except as provided in Subsection D(1)(b) below.

(b)

If the roof pitch is 2/12 or less, then the system shall not extend more than 18 inches from the original exterior perimeter of the principal or accessory building.

(c)

The solar energy system shall not extend beyond the exterior perimeter of the building roof or wall.

(d)

Any ground-mounted battery storage, converter or invertor shall be located inside a building; or located in the side, rear, rear street yards with proper screening as approved by the Zoning Administrator.

(e)

The Village is not responsible to remove or force the removal of any structures or vegetation on adjacent properties that may exist at the time of installation or may be constructed/installed in the future to block any portion of the solar system.

(2)

Building-mounted systems in any Business, Manufacturing, Institutional or Park-Recreational Zoning Districts shall meet the following requirements:

(a)

The solar energy system shall not extend more than six inches from the original exterior perimeter of a principal or accessory building except as provided in Subsection D(2)(b) below.

(b)

If the roof pitch is 2/12 or less, then the solar energy system shall not extend to a height that exceeds the height of an existing parapet wall or other screening as approved by the Zoning Administrator that screens the system from view from the adjacent right-of-way. A sight line plan is required to be submitted for review.

(c)

The solar energy system shall not extend beyond the original exterior perimeter of the principal or accessory building.

(d)

(e)

The Village is not responsible for the removal or forcing the removal of any structures or vegetation on adjacent properties that may exist at the time of installation or that may be constructed/installed in the future to block any portion of the solar system.

(3)

Ground-mounted systems in any district shall meet the following minimum requirements:

(a)

Capacity of the system shall not exceed seven kilowatts in rated capacity for properties that are one acre or less in area.

(b)

Capacity of the system shall not exceed 15 kilowatts in rated capacity for properties more than one acre.

(c)

Height shall not exceed 10 feet when oriented at maximum tilt. The grades that surround the system shall not be artificially elevated to bring in fill as to elevate the system higher than the existing grades on the property.

(d)

Shall not be located within a front street yard or side street yard as measured from the furthest extent of the solar collector at full tilt parallel to the ground.

(e)

Minimum setback requirements as measured from the furthest extent of the solar collector at full tilt parallel to the ground.

[1]

Side and rear: a minimum of 25 feet.

[2]

Rear street: a minimum of 50 feet.

[3]

Wetland: a minimum of 10 feet from wetlands on the property.

[4]

Shore: a minimum of 25 feet from the ordinary high-water mark of a navigable waterway.

(f)

Shall not be located within an area regulated under the Floodplain Zoning Ordinance in Chapter 430 as measured from the furthest extent of the solar collector at full tilt parallel to the ground.

(g)

Landscaping and/or screening will be required to screen the system from adjacent properties and public rights-of-way as approved by the Zoning Administrator on a case-by-case basis.

(h)

All electrical wires associated with the solar energy system, other than wires necessary to connect the system, grounding wires, etc., shall be located underground.

(i)

Shall be installed and securely attached to the ground pursuant to the manufacturer's requirements.

(j)

Land under and surrounding the system shall be properly manicured and maintained.

(k)

Any ground-mounted battery storage system, converter or invertor shall be located inside a building; or located in the side, rear, rear street yards with proper screening as approved by the Zoning Administrator.

(l)

The Village is not responsible to remove or force the removal of any structures or vegetation on adjacent properties that may exist now or that may be constructed/installed in the future to block any portion of the solar energy system.

A solar farm is allowed within the M-4 Zoning District with approval of a conditional use permit pursuant Article XVIII of this chapter.

A solar farm shall be assessed to the extent required by law.

A solar farm shall pay as applicable the public utility distribution, license fee, state taxation, and other monetary obligations as and to the extent required by law.

The Village Zoning Administrator shall be notified, in writing, within 60 days of any ownership transfers or sales of a solar farm.

All solar farms are required to obtain a Village business license pursuant to this chapter.

Abandonment, removal and security for removal.

(1)

Abandonment. When a solar energy system is no longer in operation or producing energy, the owner shall notify the Zoning Administrator in writing. Any solar energy system that has not operated for a continuous period of 12 months shall be considered abandoned. Time may be extended upon review and approval of the Zoning Administrator.

(2)

Removal. It is the expressed policy of the Village and this section that a solar energy system be removed once it is no longer in use and not a functional part of providing the intended energy and the site or building restored as necessary.

(3)

Security for removal. The owner of a solar farm shall provide to the Village, prior to issuance of a solar farm permit, a performance bond or a surety bond equal to a written estimate to remove the solar farm when the system is no longer in operation. The Village will be named as the obligee in the bond, and the Village shall approve the bonding company and the bond format.

Limitations upon authority. The Village review and action in the matter shall be subject to the limitations imposed by § 66.0401, Wis. Stats. In the event the applicant believes the Village has exceeded its authority in this regard, the applicant shall notify the Village, and the Village may reconsider the matter. In that event, the applicable permit authority of the Village may modify the requirements of this section as applied to that application, on a case-by-case basis if, and only to the extent, such modification is necessary to ensure that applicable laws are followed. This section is intended to allow case-by-case consideration of the standards of § 66.0401(1m), Wis. Stats., as needed.