Chapter 195

Chapter 195

ZONING

[HISTORY: Adopted by the Village Board of the Village of Holmen 1-28-1998. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 29.

Impact fees — See Ch. 76.

Land division — See Ch. 90.

Mobile home parks — See Ch. 105.

ARTICLE I

General Provisions

§ 195-1. Authority and purpose.

A. In accordance with the authority granted by Section 61.35 of the Wisconsin Statutes and for the purpose listed in said section, the Village Board of the Village of Holmen, Wisconsin, adopts this Comprehensive Zoning Ordinance effective as of February 5, 1998.

B. The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the Village of Holmen.

§ 195-2. Intent.

It is the general intent of this chapter to regulate and restrict the use and development of all structures, lands and waters and to regulate and restrict lot coverage, population distribution and density, tree cutting, dredging and lagooning in shoreland areas and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light and air; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; prevent water pollution; protect spawning grounds, fish and aquatic life and otherwise further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the Village; and implement the Village's Comprehensive Plan and plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

§ 195-3. Abrogation and greater restrictions.

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easement, covenants or agreements between parties or with any rules, regulations or permits previously adopted or issued pursuant to laws; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces than are required by other rules, regulations or permits or by easements, covenants or agreements, the provisions of this chapter shall govern.

§ 195-4. Interpretation.

The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

§ 195-5. Title.

This chapter shall be known as, referred to or cited as the "Zoning Ordinance, Village of Holmen, Wisconsin."

§ 195-6. Zoning districts.

Zoning districts are provided as follows:

R-1 New Single-Family Residential District

R-2 New Single-Family Residential District - Large Lot

R-3 Existing Single-Family Mixed Residential District

R-4 Two-Family Residential District

R-5 Multiple-Family Residential

R-6 Zero Lot Line Single-Family Residential District

R-7 Single-Family Attached Residential District [Added 2-9-2006 by Ord. No. 1.06]

B-1 Downtown Business District

B-2 Highway Business District

LI Light Industrial District [Added 7-12-2007 by Ord. No. 6.07]

M Manufacturing District

C Conservancy District

A Agricultural District

PUD Planned Unit Development District

SO Scenic Overlay

§ 195-7. Zoning Map; district boundaries.

A. The revised Official Zoning Map is an integral part of this chapter. A copy of this map titled "Zoning Map, Holmen, Wisconsin," together with a copy of this chapter, shall be available in the Village Clerk's office for public inspection during office hours. Any changes in zoning district boundaries shall be recorded on the map.

B. The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

C. Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.

D. In unsubdivided property, the district boundary shown on the map shall be determined by township or range line, 1/4 sections, and divisions thereof, property lines, by scale, or by dimensions shown on said map.

§ 195-8. General regulations.

Excepted as otherwise provided:

A. Nonconforming uses and structures.

(1) Present uses of buildings and premises may be continued even though they do not conform to the restrictions of this chapter. However, structural repairs or alternations of such buildings or premises shall not exceed 50% of their assessed value at the time they become nonconforming unless a building or premises conforming to this chapter results. Any nonconforming use that is abandoned for one year shall be discontinued permanently.

(2) Existing nonconforming uses.

(a) The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter; however, only the portion of the land or water in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

(b) Total lifetime structural repairs or alterations shall not exceed 50% of the municipality's current assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.

(c) Substitutions of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(3) Abolishment or replacement. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter. When a nonconforming use is damaged by fire, explosion, flood, public enemy or other calamity to the extent of more than 50% of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.

(4) Existing nonconforming structures.

(a) A lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform to the lot width, lot area, yard, height, setback, parking and loading and access provisions of this chapter.

(b) Additions and enlargements to existing nonconforming structures are permitted and shall conform to the required building setback lines along streets, water and highways and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to additions or enlargements are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by a public sanitary sewer.

(c) Existing nonconforming structures which are damaged or destroyed by fire, explosion, flood or other calamity may be reconstructed and insofar as is practicable shall conform to the required building setback lines along streets and highways and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to reconstruction are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by a public sanitary sewer.

(d) Existing nonconforming structures may be moved and insofar as is practicable shall conform to the required building setback lines along streets or highways and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to moving are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by a public sanitary sewer.

(5) Changes and substitutions. Once a nonconforming use or structure has been changed to conform it shall not revert to a nonconforming use or structure. Once the Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board of Appeals.

B. Amendments.

(1) Authority. Pursuant to the provisions of Sections 61.35 and 62.23(7) of the Wisconsin Statutes the Village Board may, after notice and public hearing as hereinafter provided, amend the regulation of this chapter or change the district boundaries.

(2) Initiation of petition. A proposal to amend the text or change the district mapping of this chapter may be initiated by the Village Board on its own motion or by petition of one or more property owners.

(3) Petitions. Petitions for any change in the district boundaries or amendments to the regulations shall be filed with the Village Clerk, shall describe the premises to be rezoned or the regulations to be amended, shall list the reasons justifying the petition and shall include the following:

(a) A plot plan drawn to scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 100 feet of the area proposed to be rezoned.

(b) Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.

(4) Official public hearing. The Village shall hold a public hearing on such petition, after giving a Class 2 notice under Chapter 985, Wisconsin Statutes, of the proposed amendment, giving an opportunity to any person interested to be heard.

(5) Action. As soon as possible after such public hearing the Village Board shall act to approve, modify and approve or disapprove the proposed amendment.

(6) Protest. In case of protest against such change duly signed and acknowledged by the owners of 20% or more either of the areas of land included in such proposed amendment, supplement or change or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land such amendment, supplement or change shall not become effective except by the favorable vote of 3/4 of the members of the Village Board.

(7) Reapplication. If the proposed amendment fails, that proposal will not be reconsidered for Board action for a period of one year. [Added 12-11-2003 by Ord. No. 9.03]

C. Annexation.

(1) All territory annexed to the Village shall become part of the A-Agricultural District. [Amended 11-23-2004by Ord. No. 8.04]

(2) An annexation fee in an amount equal to five times the amount of property taxes that the Town imposed on that territory in the year of the annexation will be charged to the property owner. All annexation fees must be paid in full on or before 10 days of the Holmen Village Board’s scheduled meeting to consider any proposed annexation petition. If for any reason an annexation petition is denied by the Holmen Village Board, said fees will be reimbursed within 10 business days. [Added 10-24-2004by Ord. No. 5.04]

D. Compliance.

(1) No lot shall be occupied by more than one permitted principal building, but in the case of public, institutional, industrial, condominium or commercial buildings, a group of principal buildings under the same ownership may be considered as occupying the same lot if in the opinion of the Village Board such buildings and uses are compatible. [Amended 12-13-2007 by Ord. No. 10.07]

(2) No building or structure shall be erected, reconstructed, structurally altered, enlarged or moved, nor shall any building, structure or land be designed or designated, for any use other than the uses permitted in the district in which such building, structure or land is located.

(3) The provisions of this chapter shall not prohibit the erection of a single-family dwelling and customary accessory uses in any district in which single-family dwellings are so permitted on a lot which is smaller than required, provided such lot is separately recorded by deed in the office of the Register of Deeds prior to January 28, 1998, and provided further that the owner of any such lot did not own sufficient adjoining land at the effective date of the adoption of this chapter to conform thereto. All structures erected on such lot must be designed and erected in conformance with the provisions of this chapter.

E. Reduction of joint use. No lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met. However, where existing lots do not satisfy such requirements when reduced, the Board of Appeals may grant a variance.

F. Modification.

(1) No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.

(2) Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the projection of sills, cornices and ornamental features which shall not exceed 24 inches, except that in commercial areas a permanent awning and its accessory columns or struts may project not more than five feet into a required front or side yard. Fire escapes may project in a yard area not more than five feet.

(3) Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, hospitals, smoke stacks, storage tanks, water towers, ornamental towers, masts or aerials and necessary mechanical appurtenances are exempted from the height regulations of this chapter but are subject to other regulations or ordinances of the Village of Holmen.

(4) In each quadrant of every street intersection there shall be designated a twenty-five-foot vision triangle; within such triangle shall be located no driveways, parked vehicles or objects at a height greater than two feet above the nearest top of curb elevation. The vision triangle shall be established by projecting the curb flange lines of the intersecting streets in a straight line from the points where the curb radii begin to their point of intersection, and measuring a distance of 25 feet from this point of intersection along each flange line. In cases where no curb and gutter exists, the edge of pavement lines shall be projected to establish the vision triangle, and the edge of pavement elevation shall be used to establish a two-and-one-half-foot object height limit. [Amended 7-13-2006 by Ord. No. 7.06]

(5) In required yards, streets or other areas in all residential districts the overnight parking or storage of machinery, buses carrying greater than 16 passengers, unlicensed or junked automobiles or vehicles used for garbage collection or hauling livestock is prohibited.

(6) The construction of an accessory building shall not precede the construction of a principal building in all residential districts.

G. Swimming pools. [Amended 1-12-2006 by Ord. No. 8.05]

(1) A swimming pool, for the purposes of this section, is a body of water or an outdoor structure containing a body of water in a receptacle or other container (including hot tubs, landscape pools, ponds or water features) having a depth for water at any point greater than 1 1/2 feet located above or below the ground surface elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semipermanent structure on the land. The term includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.

(2) Location.

(a) Swimming pools constructed in all residential districts shall be located on the same lot as and in either the rear or the side yard of a principal building; however, they shall not be constructed in any front yard or in a required setback area of a corner lot. Swimming pools either open or enclosed shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard.

(b) Swimming pools constructed in the B-1 or B-2 Business District shall not occupy any portion of a required front, side or rear yard setback area; however, they may be located in yard areas other than such required yards.

(3) Exempt pools. Storable swimming or wading pools which are constructed so that they may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section. Landscape water features that are less than 15 feet in any dimension and are less than 1 1/2 feet deep are exempt from the provisions of this section.

(4) Permit required. Before work is commenced on the construction or erection of swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The required building permit fee pursuant to the Village Building Code shall accompany such application. Hot tubs and landscape water features that are less than 15 feet in any dimension and are less than 1 1/2 feet deep are exempt from the permit requirement.

(5) Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction of a swimming pool as provided for in Subsection G(1), above, unless the following construction requirements are observed:

(a) Approved materials. All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all ordinances of the Village now in effect or hereafter enacted.

(b) Plumbing. All plumbing work shall be in accordance with all applicable ordinances of the Village and all state codes. Every swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such discharge shall be subject to prior approval by the Director of Public Works.

(c) Electrical installations. All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool, shall be in conformance with the state laws and Village ordinances regulating electrical installations.

(6) Setbacks and other requirements.

(a) No portion of a swimming pool, decking or pool equipment located outside a building shall be erected or constructed in any front yard or in a required setback area of a corner lot. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(b) All swimming pools, landscape features, decking and pool equipment shall be at least six feet from any lot line or accessory building.

(7) Enclosure.

(a) Fence; in-ground pools. All outdoor, in-ground swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three inches square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.

(b) Aboveground pools; pool wall barrier.

[1] An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool. Such walls shall extend not less than four feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool. All gates or doors opening through the barrier shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.

[2] The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of four feet high on the top. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.

[3] The pool enclosure may be omitted where hot tubs are secured with a lockable cover.

(8) Compliance. All swimming pools existing at the time of passage of this chapter not satisfactorily enclosed shall comply with the enclosure requirements of this section or when water is placed in the pool. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.

(9) Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Director of Public Works.

(10) Filter system required. All private swimming pools within the meaning of this chapter, must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

(11) Dirt bottoms prohibited. All swimming pools of a permanent or semipermanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

H. Fences and hedges. [Amended 5-9-2002 by Ord. No. 2.02; 6-12-2003 by Ord. No. 3.03; 11-9-2006 by Ord. No. 9.06]

(1) Maintenance-free fences (i.e., vinyl fence) and hedges may be placed, erected or grown upon a property line in the rear or side yard and shall not exceed six feet in height in all residential districts. Fences constructed in a manner and/or of a material (i.e., wood) that would require periodic maintenance shall require a minimum setback of three feet in the rear or side yard in all zoning districts in order to facilitate routine property maintenance without trespass. In all other districts, fences shall not exceed a height of 12 feet. Fences or shrubs may be placed, erected or grown in the front yard building setback area and shall not exceed a height of four feet. A fence may encroach upon a vision triangle, provided it does not exceed four feet, is ninety-percent see-through and does not obstruct the vision of either pedestrians or motorists. The finished side should face the abutting property. On the side yard, abutting the street of a corner lot, fences greater than four feet in height shall be set back a minimum of 10 feet from the property boundary. Per Village Code § 195-8(J) the side yard next to the street of a corner lot shall conform to the front yard requirements of the district in which said corner lot is located.

(2) Fences may be constructed of wood, wire, metal, stone, vinyl, plastic, shrubbery or a combination thereof. Wire fences shall be of a mesh or woven design. No single-stranded wire fences are permitted. No barbed wire shall be used in fence construction in any residential district. No fence shall be less than 30 inches in height. All fences shall be kept in good repair and condition.

I. Junk and salvage yards.

(1) License required. No person shall use any building or premises for the buying, selling, gathering, delivery, shipping, storing or salvaging of old iron, bottles, paper, rags, farm machinery, vehicles or other materials commonly included in the term "junk" without obtaining a license for the operation of a junk and salvage yard. Outside storage of one or more unlicensed vehicles on the same premises shall be prima facie evidence of the operation of a junk or salvage yard.

(2) Application. Application for a license hereunder shall be made in writing to the Zoning Officer stating: [Amended 10-12-2000 by Ord. No. 1.00]

(a) The location and description of the premises to be licensed.

(b) The nature of the business to be conducted on the premises.

(d) The applicant's name and address and, if a partnership or corporation, the names and addresses of all officers thereof.

(3) Fee; term. The fee for a license issued hereunder shall be $125 per year. Licenses shall expire 12 months after issuance but may be renewed by the governing body if it is satisfied that the license and the premises comply with this section.

(4) Hearing. The Zoning Officer shall refer an application for a license hereunder to the Village Board, which shall conduct a hearing on such application within a reasonable time, notice of which shall be given by publication and by posting at least once during the 10 days preceding the hearing. If the Village Board is satisfied from the evidence produced at the hearing that the applicant is able to conduct the business and the premises is suitable therefor, the Village Board shall authorize issuance of the license. [Amended 10-12-2000 by Ord. No. 1.00]

(5) Location. No junk or salvage yard shall be located within 500 feet of any residence, other than the residence of the owner of the premises, or any residential or business district or 150 feet of a lake, river or stream. No junk or salvage operations shall be carried on within 25 feet of any street right-of-way.

J. Corner lots. The side yard next to the street of a corner lot shall conform to the front yard requirements of the district in which said corner lot is located.

K. Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

L. Detached energy systems. In addition to the restrictions set forth for fire prevention, no person shall place any detached energy system, including wood or other solid fuel burners or liquid burners, boilers, or furnaces within 200 feet of an abutting residential district lot line. Detached energy systems must also address emissions with a minimum chimney height of 20 feet above grade and must comply with Chapters NR 406 (Construction Permits), 415 (Control of Particulate Emissions) and 431 (Control of Visible Emissions) of the Wisconsin Administrative Code. [Added 9-12-2002 by Ord. No. 6.02]

ARTICLE II

Terminology

§ 195-9. Word usage and definitions.

For the purpose of this chapter, certain words and terms are defined as listed below. Also, words used in the present tense include the future; the singular number includes the plural number and the plural number includes the singular number; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory. Any words not herein defined shall be construed as defined in the state and Village building codes.

ACCESSORY BUILDING OR STRUCTURE — A building or portion of a building subordinate to the main building or structure and used for a purpose customarily incidental to the permitted use of the main building or structure or the use of the premises, including but not limited to garages, prefabricated metal buildings for storage, carports, greenhouses, screened enclosures, swimming pools, bathhouse and filter equipment sheds, playhouses, gazebos, satellite dish antennas and open storage. The total of all accessory buildings shall not occupy more than 1,000 square feet in all residential districts. In all other zoning districts, accessory buildings shall not occupy more than 60% of the total lot area or as approved by the Zoning Administrator. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same front and side yard requirements as the principal building. [Amended 7-13-2006 by Ord. No. 7.06]

ADULT ENTERTAINMENT USE — An establishment consisting of, including or having the characteristics of any or all of the following:

A. ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

B. ADULT CABARET:

(1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(2) A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.

C. ADULT MINI MOTION PICTURE THEATER — An enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

D. ADULT MOTION PICTURE THEATER — An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

ALLEY — A street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.

BED-AND-BREAKFAST — Any place of lodging that provides four or fewer rooms for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.

BUILDING — Any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building. A carport shall be considered a building.

BUILDING HEIGHT — The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.

CAMPGROUND — A privately or municipally owned parcel or tract of land maintained, intended or used for the purpose of supplying temporary or overnight living accommodations to the public by providing designated areas for the placement of trailers, tents, buses, automobiles or sleeping bags, and may include structures to provide services to the patrons, such as rest rooms and bathing and laundry facilities.

DECK — An uncovered exterior structure designed or intended for outdoor living space. A deck or landing of five feet by five feet or smaller does not require a permit. Decks shall have a minimum of 15 feet rear yard setback in all residential districts. [Amended 7-13-2006 by Ord. No. 7.06]

DETACHED ENERGY SYSTEMS — A freestanding unit situated outside the envelope of the structure to be heated, typically consisting of a closed combustion chamber for the purpose of heating water or air for heating. [Added 9-12-2002 by Ord. No. 6.02]

DWELLING DESIGN AND CONSTRUCTION — Dwellings as defined and permitted by this chapter shall conform to the following. A dwelling shall:

A. Be attached to a permanent foundation meeting the requirements of applicable building code provisions in such manner as to comply with standards for vertical loading, uplift and lateral forces and be so designed and constructed that the floor elevation is reasonably compatible with other dwellings in the area.

B. Have a first story minimum area of 800 square feet and be not less than 20 feet in its smallest horizontal dimension, exclusive of an attached garage, carport or open deck.

C. Have any wheels, axles, hitches, tow bars and other equipment for transporting on streets or highways removed when the structure is placed on the foundation.

D. Have a double pitched roof having a minimum of three inches of vertical rise per foot of horizontal run.

E. Have roof overhang of one foot minimum measured from the vertical sides of the structure.

F. Have roofing material of a type customarily found on conventionally constructed dwellings, including wood shakes or shingles, asphalt composition shingles and fiberglass composition shingles, but not corrugated metal or corrugated fiberglass.

G. Have exterior siding of a type customarily found on conventionally constructed dwellings, including wood clapboards, simulated clapboards such as vinyl, metal or masonite-type siding, wood shakes, wood shingles, brick, stone or other masonry-type siding and wood shakes, wood shingles, brick, stone or other masonry-type veneer materials, but not smooth, ribbed or corrugated metal or plastic panels except when part of solar collector systems.

H. Have a one-car garage with paved driveway.

DWELLING, MULTIPLE-FAMILY — A building or portion thereof designed for and occupied by more than two families, including row houses, apartment houses and condominiums.

DWELLING, ONE-FAMILY — A detached building designed for or occupied exclusively by one family.

DWELLING, TWO-FAMILY — A detached or semidetached building designed for or occupied exclusively by two families.

FAMILY — A person living alone, or two or more persons living together in a domestic relationship based upon birth, marriage or other domestic bond, in a dwelling unit.

FARMING — The raising of crops and keeping of farm animals, including but not limited to cattle, fowl, rabbits, sheep, goats and horses.

FEEDLOT — Any livestock feeding or housing area or structure in which the concentration of animals is such that a vegetative cover is not maintained during the summer.

FENCE — Any barrier constructed of wood, wire, metal, stone, vinyl, plastic, shrubbery or a combination thereof, excluding single-stranded fences. [Amended 5-9-2002 by Ord. No. 2.02; 6-12-2003 by Ord. No. 3.03]

FLAGPOLES — Flagpoles are allowed in the front yard setbacks, but shall not exceed the maximum height for accessory buildings within that district and shall not be placed in a vision triangle. [Added 5-9-2002 by Ord. No. 2.02]

FRONTAGE — All the property abutting a public road or street.

GARAGE, PRIVATE — An accessory building in residential areas for the storage of motor-driven vehicles.

GARAGE, PUBLIC — Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, painted, serviced, hired, sold or stored.

HOME OCCUPATION — A gainful occupation conducted by members of the family only within their place of residence, provided that:

A. The area used does not exceed 25% of the total floor area, excluding attached garage;

B. No article or service is sold or offered for sale on the premises except such as is produced by such occupation;

C. No materials used in or produced by said occupation are displayed or stored outside;

D. No stock-in-trade is kept or sold;

E. No mechanical equipment is used other than such as is permissible for purely domestic purposes;

F. The volume of vehicular or pedestrian traffic or parking shall not result in congestion or be abnormal for a residential neighborhood;

G. No sign other than one unlighted nameplate not more than three square feet is installed; [Amended 10-12-2000 by Ord. No. 1.00]

H. No structural alterations that are not customarily part of the dwelling unit are needed; and

I. No person other than a member of the immediate family living on the premises is employed.

J. No vehicles or equipment, except those owned by the occupants, shall be repaired or maintained at the place of the residence or in any public street. [Added 5-9-2002 by Ord. No. 2.02]

HOTEL — A building where rooms, with or without meals, are supplied to transient public, or to anyone who may apply, for compensation.

JUNK OR SALVAGE YARD — An area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards but not including the purchase or storage of used furniture or household equipment or used cars in operable condition.

KENNEL — The use of land with related buildings and structures for the breeding, rearing, boarding or training of more than four dogs and/or cats over five months of age.

LIVESTOCK UNIT — One thousand five hundred pounds of live animal weight. Animals include but are not limited to cattle, horses, pigs, sheep and buffalo.

LOT — A parcel of land having frontage or legal access to a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.

LOT, CORNER — A lot abutting on two or more streets at their intersection.

LOT, DEPTH OF — The mean horizontal distance between the front and rear lot lines.

LOT LINES — The lines bounding a lot as defined herein.

LOT, THROUGH — An interior lot having frontage on two nonintersecting streets.

LOT WIDTH — The width of a parcel of land measured at the rear of the specified setback lines.

MANUFACTURED DWELLING — A dwelling structure or component thereof as is defined in the Wisconsin Administrative Code, One- and Two-Family Uniform Dwelling Code Section 20.07(52), which bears the Wisconsin Department of Commerce insignia certifying that it has been inspected and found to be in compliance with Subchapter V of said Uniform Dwelling Code. [Amended 10-12-2000 by Ord. No. 1.00]

MANUFACTURED HOME — A dwelling structure or component thereof fabricated in an off-site manufacturing facility for installation or assembly at the building site bearing a HUD label or insignia certifying that it is built in compliance with federal manufactured housing construction standards. (Reference 42 U.S.C. § 5401.)

MOBILE COACH — A transportable single-family dwelling unit which is or may be mounted on wheels, suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing and which was manufactured after June 15, 1976, according to HUD standards.

MOBILE HOME — A transportable factory-built structure designed for long-term occupancy built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

MOBILE HOME LOT — A parcel of land in a mobile home park of not less than 5,000 square feet and designed for the placement of one mobile home.

MOBILE HOME PARK — Any park, court, plot, parcel or tract of land of at least five acres in size owned by a person, state government or a local government and which is designed, maintained, intended or used for the purpose of accommodating more than one mobile home, mobile coach or manufactured home, and shall include all buildings used or intended for use in conjunction therewith. Mobile home parks are intended to be used to protect property owners' values. However, mobile home parks shall not include automobile, motor home or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale. Also excluded are farms where the occupants of the mobile homes work on the farm or are related to the farm owner or operator as father, mother, son, daughter, brother or sister.

MOTEL — A series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.

NONCONFORMING STRUCTURE — Any structure lawfully used, occupied or erected at the time of the effective date of this chapter or amendments thereto which structurally does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall be considered a nonconforming structure and not a nonconforming use.

NONCONFORMING USE — A building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto which use or occupancy does not conform to the regulations of this chapter or amendments thereto.

OCCUPANCY — The residing of an individual or individuals overnight in a dwelling unit or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

OCCUPANT — The individual or individuals in actual possession of a premises.

PARKING AREA — An area other than a street used for the temporary parking of motor vehicles.

PRINCIPAL USE OR BUILDING — The main use of the land or building(s) as distinguished from an incidental and subordinate accessory use of land or building(s).

PROFESSIONAL OFFICE — The office of a doctor, surveyor, planner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or a member of a recognized profession. When established in a residential district, a professional office shall be incidental to the residential occupation and not more than 25% of the floor area excluding the garage; only one story of a dwelling unit shall be occupied by such office; only one nonresident person shall be employed; and only one unlighted nameplate, not exceeding three square feet in area, containing the name and profession of the occupant of the premises shall be exhibited. [Amended 10-12-2000 by Ord. No. 1.00]

PUBLIC AND SEMIPUBLIC USES — Governmental and cultural uses, such as administrative offices, fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums, public, private and parochial preschool, elementary and secondary schools and churches, cemeteries, private clubs and lodges and public storage garages.

RECREATIONAL VEHICLE — A vehicular unit designed as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper or motor home.

SETBACK — The minimum horizontal distance between the lot line and the nearest point of the building or structure foundation, excluding uncovered steps. A cantilever of windows, fireplaces or similar structures are allowed but shall not extend horizontally greater than two feet from the foundation and shall not exceed 25% of the building wall. [Amended 5-9-2002 by Ord. No. 2.02]

SETBACK LINES — Lines established along highways and streets at specified distances from the right-of-way line, which buildings or structures shall be set back of, or outside of, and within which they may not be placed except as hereinafter provided. "Within" the setback line means between the setback lines and the highway or street.

SIGN — See Article XII, Signs, Awnings, Canopies and Billboards, § 195-33. [Amended 10-12-2000 by Ord. No. 1.00]

STORY — That portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having 1/2 or more of its height above grade shall be deemed a story for purposes of height regulation.

STORY, HALF — The space under any roof except a flat roof which, if occupied for residential purposes, shall be counted as a full story.

STREET — All property dedicated or intended for public street purposes.

STREET LINE — A dividing line between a lot, tract or parcel of land and a contiguous street.

STRUCTURAL ALTERATIONS — Any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.

STRUCTURE — Anything constructed or erected which is not readily or usually relocated and moved, the use of which requires a permanent location on the ground, or attached to something having a permanent location on the ground.

SWIMMING POOL — A body of water or an outdoor structure containing a body of water in a receptacle or other container (including hot tubs, landscape pools, ponds or water features) having a depth for water at any point greater than 1 1/2 feet located above or below the ground surface elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semipermanent structure on the land. The term includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool. [Amended 1-12-2006 by Ord. No. 8.05]

TEMPORARY STRUCTURE — A movable structure not designed for human occupancy nor for the protection of goods or chattels and forming an enclosure.

TRAFFIC LANE — A strip of roadway intended to accommodate a single line of moving vehicles.

YARD — An open space on the same lot with or without a structure, unoccupied and unobstructed from the ground upward except for vegetation and as otherwise provided herein. The front and rear yards extend the full width of the lot. [Amended 10-12-2000 by Ord. No. 1.00]

YARD, FRONT — A yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps. On a corner lot, the front yard will be the yard with street address.

YARD, REAR — A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps.

YARD, REQUIRED REAR — See "yard, rear." [Added 7-13-2006 by Ord. No. 7.06]

YARD, SIDE — A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and side lot line.

ARTICLE III

Residential Districts

§ 195-10. R-1 New Single-Family Residential District.

A. Purpose. The R-1 District is intended to provide for single-family residential land uses in newer urban areas served by public sewers. The district is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible nonresidential uses and is for the exclusive location of single-family dwellings.

B. Permitted uses. The following uses are permitted within an R-1 District:

(1) Single-family dwellings;

(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard; and

(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.

C. Requirements. In order to be considered a conforming lot or structure within an R-1 District, a lot or structure must:

(1) Have a minimum lot size of 9,000 square feet and a minimum lot width of 80 feet;

(2) Have a front yard setback of 25 feet, a rear yard setback of 25 feet and a side yard setback of 10 feet;

(3) Have a minimum living area of 900 square feet in the principal building;

(4) Not exceed a maximum principal building height of 35 feet; and

(5) Have an accessory building side yard setback of three feet, a rear yard setback of three feet and a maximum accessory building height not to exceed 15 feet.

D. Conditional uses. The following uses shall be considered conditional uses within an R-1 District:

(1) Churches, municipal buildings and public and parochial schools;

(2) Public parks and playgrounds; and

(3) Sale of hot tubs.

§ 195-11. R-2 New Single-Family Residential District.

A. Purpose. The R-2 District is intended to provide for single-family dwellings in newer urban areas on larger lots. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences.

B. Permitted uses. The following uses are permitted within an R-2 District:

(1) Single-family dwellings;

(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard; and

(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.

C. Requirements. In order to be considered a conforming lot or structure within an R-2 District, a lot or structure must:

(1) Have a minimum lot size of 14,000 square feet and a minimum lot width of 90 feet;

(2) Have a front yard setback of 30 feet, a rear yard setback of 50 feet and a side yard setback of 10 feet;

(3) Have a minimum living area of 900 square feet in the principal building;

(4) Not exceed a maximum principal building height of 35 feet; and

(5) Have an accessory building side yard setback of three feet and rear yard setback of three feet and not exceed a maximum accessory building height of 15 feet.

D. Conditional uses. The following uses shall be considered conditional uses within an R-2 District:

(1) Public parks and playgrounds.

§ 195-12. R-3 Existing Single-Family Mixed Residential District.

A. Purpose. The R-3 District is intended to provide for single-family and two-family dwellings within the built-up area of Holmen. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences.

B. Permitted uses. The following uses are permitted within an R-3 District:

(1) Single-family dwellings;

(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard; and

(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.

C. Requirements. In order to be considered a conforming lot or structure within an R-3 District, a lot or structure must:

(1) Have a minimum lot size of 6,000 square feet per family and a minimum lot width of 50 feet;

(2) Have a front yard setback of 15 feet, a rear yard setback of 30 feet and a side yard setback of six feet;

(3) Have a minimum living area of 900 square feet in the principal building;

(4) Not exceed a maximum principal building height of 35 feet; and

(5) Have an accessory building side yard setback of three feet, rear yard setback of three feet and a maximum accessory building height not to exceed 15 feet.

D. Conditional uses. The following uses shall be considered conditional uses within an R-3 District:

(1) Two-family dwellings;

(2) Bed-and-breakfast services;

(3) Residential storage buildings not involving the conduct of a business;

(4) Churches, municipal buildings and public and parochial schools;

(5) Public parks and playgrounds; and

(6) Day-care centers.

§ 195-13. R-4 Two-Family Residential District.

A. Purpose. The R-4 District is intended to provide for two-family dwellings served by public sewer. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences.

B. Permitted uses. The following uses are permitted within an R-4 District:

(1) Two-family dwellings;

(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard; and

(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.

C. Requirements. In order to be considered a conforming lot or structure within an R-4 District, a lot or structure must:

(1) Have a minimum lot size of 12,000 square feet and a minimum lot width of 100 feet;

(2) Have a front yard setback of 25 feet, a rear yard setback of 25 feet and a side yard setback of 10 feet; [Amended 8-9-2007 by Ord. No. 7.07]

(3) Have a minimum living area of 1,800 square feet in the principal building;

(4) Not exceed a maximum principal building height of 35 feet; and

(5) Have an accessory building side yard setback of three feet and rear yard setback of three feet and not exceed a maximum accessory building height of 15 feet.

D. Conditional uses. The following uses shall be considered conditional uses within an R-4 District:

(1) Churches and public and parochial schools;

(2) Public parks and playgrounds; and

(3) Day-care centers.

§ 195-14. R-5 Multiple-Family Residential District.

A. Purpose. The R-5 District is intended to provide appropriate areas for multifamily land uses only in urban areas served by public sewers. The district is also intended to provide rental housing in an area protected from traffic hazards.

B. Permitted uses. The following uses are permitted within an R-5 District:

(1) Multifamily dwellings;

(2) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business; and

(3) Accessory buildings not exceeding an area of more than 30% of the required rear yard.

C. Requirements. In order to be considered a conforming lot or structure within an R-5 District, a lot or structure must:

(1) Lot size. [Amended 10-29-2008 by Ord. No. 6.08]

(a) For structures two stories above ground or less, have a minimum lot size of 4,000 square feet per family unit up to and including four families and 2,500 square feet per family thereafter and a minimum lot width of 100 feet;

(b) For structures greater than two stories, have a minimum of 40% green space and a minimum lot width of 100 feet. Parking areas do not count toward the green space requirement;

(2) Have a front yard setback of 30 feet, a rear yard setback of 25 feet and a side yard setback of 15 feet;

(3) Not exceed a maximum principal building height of 45 feet; and

(4) Have an accessory building side yard setback of three feet and rear yard setback of three feet and not exceed a maximum accessory building height of 20 feet.

D. Conditional uses. The following uses shall be considered conditional uses within an R-5 District:

(1) Charitable institutions, rest homes or nursing homes, private nonprofit clubs and lodges;

(2) Mobile home parks in accordance with mobile home requirements;

(3) Churches;

(4) Public parks and playgrounds;

(5) Single-family homes; and

(6) Recreational vehicle courts. [Amended 10-12-2000 by Ord. No. 1.00]

§ 195-15. R-6 Zero Lot Line Single-Family Residential District.

A. Purpose. The R-6 District is intended to provide for two single-family residential units attached to each other with zero lot line setback on one side. They are to be built in newer urban areas served by public sewers. This will permit two single-family homes to be joined to give the appearance of a two-family dwelling. For that reason R-6 lots will always be approved in sets of two. The district is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible nonresidential uses and is for the exclusive location of single-family dwellings.

B. Permitted uses. The following uses are permitted within an R-6 District:

(1) Single-family dwellings;

(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard; and

(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.

C. Requirements. In order to be considered a conforming lot or structure within an R-6 District, a lot or structure must:

(1) Have a minimum lot size of 6,000 square feet and a minimum lot width of 50 feet;

(2) Have a front yard setback of 25 feet, a rear yard setback of 25 feet and a side yard setback of 10 feet on the side not attached to an adjoining dwelling and zero feet on the side attached to an adjoining dwelling; [Amended 8-9-2007 by Ord. No. 7.07]

(3) Have a minimum living area of 900 square feet in the principal building;

(4) Not exceed a maximum principal building height of 35 feet; and

(5) Have an accessory building side yard setback of three feet, rear yard setback of three feet and a maximum accessory building height not to exceed 15 feet.

(6) Upon completion of the principal building, a copy of the recorded condominium plat or plat of survey and condominium agreement shall be filed with the Village Clerk. [Added 5-9-2002 by Ord. No. 2.02]

D. Conditional uses. The following uses shall be considered conditional uses within an R-6 District:

(1) Churches and public and parochial schools; and

(2) Public parks and playgrounds.

§ 195-15.1. R-7 Single-Family Attached Residential District. [Added 2-9-2006 by Ord. No. 1.06]

A. Purpose. The R-7 District is intended to provide for three or more single-family residential units attached to each other with zero lot line setback on at least one side. They are to be built in newer urban areas and/or as a transitional district between the less dense R-1 District and other higher density residential districts and other commercial and industrial districts. The District must be served by public utilities.

B. Permitted uses. The following uses are permitted within the R-7 District:

(1) Single-family attached dwellings;

(2) Accessory buildings not exceeding an area of more than 30% of the required rear yard or as allowed per deed restrictions or contractual agreement, whichever is most restrictive, and;

(3) Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.

C. Requirements.

(1) In order to be considered a conforming lot or structure within an R-7 District, a lot or structure must:

(a) Lot size. [Amended 10-29-2008 by Ord. No. 6.08]

[1] For structures two stories above ground or less, have a minimum lot size of 4,000 square feet per dwelling unit up to and including four dwellings and 2,500 square feet per dwelling thereafter and a minimum lot width of 100 feet;

[2] For structures greater than two stories above ground or more, have a minimum of 40% green space and a minimum lot width of 100 feet. Parking areas do not count toward the green space requirement;

(b) Have a front yard setback of 25 feet, a rear yard setback of 25 feet and a side yard setback of 10 feet on the side not attached to an adjoining dwelling and zero feet on the side attached to an adjoining dwelling; [Amended 8-9-2007 by Ord. No. 7.07]

(d) Have a minimum living area of 900 square feet per dwelling;

(e) Not exceed a maximum principal building height of 45 feet; and

(f) Have an accessory building side yard setback of three feet and rear yard setback of three feet and not exceed a maximum accessory building height of 15 feet.

(2) Prior to construction of the principal building, a copy of the recorded condominium plat or plat of survey and condominium agreement shall be filed with the Village Clerk. The agreement shall address the proper preservation, care and maintenance by the original and any subsequent owners of the exterior design, including all common structures, facilities, utilities, access and open spaces and be enforceable by the Village. The agreement must specifically address the following items:

(a) Ensure owner-occupied status;

(b) Accountable resident members of condo association;

(d) Building maintenance code;

(e) Common area and grounds maintenance code; and

(f) On-site management.

D. Conditional uses. The following shall be considered conditional uses within the R-7 District:

(1) Churches and public and parochial schools;

(2) Public parks and playgrounds;

(3) Single-family detached dwelling as defined under § 195-11 R-2 New Single-Family Residential District; and

(4) Two single-family attached residential units as defined under § 195-15 R-6 Zero Lot Line Single-Family Residential District.

ARTICLE IV

Business Districts

§ 195-16. B-1 Downtown Business District.

A. Purpose. The B-1 District is intended to provide an area for central business needs of the community and to create an area of specialized retail and service business.

B. Permitted uses. The following uses are permitted within a B-1 District: [Amended 10-12-2000 by Ord. No. 1.00]

(1) Apartment hotels;

(2) Appliance stores;

(3) Antique;

(4) Bakeries;

(5) Banks;

(6) Barber and beauty shops;

(7) Business offices;

(8) Butcher;

(9) Caterers;

(10) Churches;

(11) Clinics;

(12) Clothing stores and repair shops;

(13) Clubs;

(14) Cocktail lounges;

(15) Cold storage facilities;

(16) Day-care center;

(17) Doctor office;

(18) Drug stores;

(19) Electrical supply;

(20) Financial institutions;

(21) Florists;

(22) Food lockers;

(23) Funeral homes;

(24) Furniture stores;

(25) Furniture upholstery shops;

(26) Gas stations;

(27) Gift store;

(28) Grocery stores;

(29) Hardware stores;

(30) Heating supply;

(31) Hobby shops;

(32) Hotels;

(33) Home occupations;

(34) Laundromats and dry-cleaning establishments employing not over seven persons;

(35) Offices;

(36) Press rooms;

(37) Nightclubs;

(38) Office supplies;

(39) Optical offices;

(40) Pawnshops;

(41) Personal service establishments;

(42) Pet stores;

(43) Pet supply store;

(44) Places of entertainment;

(45) Photographic supplies;

(46) Plumbing supplies;

(47) Post office;

(48) Printing;

(49) Private clubs;

(50) Private schools;

(51) Professional, governmental and business offices;

(52) Publishing;

(53) Radio broadcasting studios;

(54) Restaurants;

(55) Secondhand stores;

(56) Self-service and pickup laundry and dry-cleaning establishments;

(57) Signs;

(58) Studios;

(59) Taverns;

(60) Variety stores and vegetable stores;

(61) Veterinary clinic;

(62) Video stores; and

(63) Other permitted uses.

C. Requirements. In order to be considered a conforming lot or structure within a B-1 District, a lot or structure must:

(1) Have a minimum lot size of 4,000 square feet on sewered lots;

(2) Not exceed a maximum principal building height of 45 feet; and

(3) Have an accessory building side and rear yard setback of three feet and a maximum accessory building height of 25 feet.

D. Conditional uses. The following uses shall be considered conditional uses within a B-1 District: [Amended 10-12-2000 by Ord. No. 1.00]

(1) Public and semipublic uses such as fire stations and emergency shelters;

(2) Modifications of parking requirements;

(3) Bed-and-breakfasts;

(4) Motels; and

(5) Single residential units attached to or part of the business unit.

(6) Telecommunications towers. [Added 5-9-2002 by Ord. No. 2.02]

E. Outside storage. All business, servicing, serving, processing and storage areas shall be conducted within completely enclosed buildings (except for off-street parking and loading areas).

§ 195-17. B-2 Highway Business District.

A. Purpose. The B-2 District is intended to provide an area for the businesses oriented towards the highway user, tourist or temporary visitors to the Village.

B. Permitted uses. The following uses are permitted within a B-2 District:

(1) Service stations;

(2) Drive-in restaurants;

(3) Hotels and motels;

(4) Banks with drive-through banking services;

(5) Auto sales;

(6) Convenience store;

(7) Mobile home and equipment sales and services;

(8) Animal hospitals and veterinary clinics;

(9) Marine sales and supplies;

(10) Theaters;

(11) Any use permitted in the B-1 District;

(12) Car washes;

(13) Cabinet factory;

(14) Laser products; and

(15) Day-care facility.

C. Requirements. In order to be considered a conforming lot or structure within a B-2 District, a lot or structure must:

(1) Have a minimum lot size of 10,000 square feet and a minimum lot width of 80 feet;

(2) Have a front yard setback of 25 feet, a rear yard setback of 15 feet and a side yard setback of 10 feet;

(3) Not exceed a maximum principal building height of 45 feet; and

(4) Have an accessory building side and rear yard setback of three feet and a maximum accessory building height of 25 feet.

D. Conditional uses. The following uses shall be considered conditional uses within a B-2 District: [Amended 10-12-2000 by Ord. No. 1.00; 5-9-2002 by Ord. No. 2.02; 7-12-2007 by Ord. No. 6.07]

(1) Truck stops;

(2) Public and semipublic uses, such as fire stations, emergency shelters and Village garages;

(3) Warehousing and mini-warehousing;

(4) Excavating and construction offices, repair and storage;

(5) Grain bins and storage bins;

(6) Single-family residential units attached to or part of the business unit; and

(7) Telecommunications towers.

E. Screening. Outdoor storage and processing areas shall be at least thirty-percent effectively screened from streets and eighty-percent screened adjacent to residential districts.

§ 195-17.1. LI-Light Industrial District. [Added 7-12-2007 by Ord. No. 6.07]

A. Purpose. The LI District is intended to provide for light industry and light manufacturing in areas suited for industry based on location, topography, existing streets and potential for utilities and relationships to other uses. The LI District is intended to keep out uses not compatible with industry.

B. Permitted uses. The following uses are permitted within an LI District:

(1) The manufacturing, processing or assembly of goods.

(2) Repair and service of goods or equipment.

(3) Wholesale businesses.

(4) Storing or warehousing of products.

C. Requirements. In order to be considered a conforming lot or structure within an LI District, a lot or structure must:

(1) Have a minimum lot size of 30,000 square feet and a minimum lot width of 100 feet;

(2) Have a front yard setback of 15 feet, rear yard setback of 15 feet and a side yard setback of 15 feet;

(3) Not exceed a maximum building height of 50 feet; and

(4) Have a side and rear yard setback of five feet for accessory buildings.

D. Conditional uses. The following uses shall be considered conditional uses within the LI District:

(1) Telecommunications towers.

E. Screening. Any open storage use shall be screened by being contained within an opaque fence or wall 72 inches high or a visual screen consisting of evergreen or evergreen-type hedges or shrubs spaced at intervals of not more than six feet, located and maintained in good condition within 15 feet of the property line or in any way out of view of the public.

ARTICLE V

Manufacturing District

§ 195-18. M Manufacturing District. [Amended 5-9-2002 by Ord. No. 2.02; 7-12-2007 by Ord. No. 6.07]

A. Purpose. The M District is intended to provide for industry and manufacturing in areas suited for industry based on location, topography, existing streets and potential for utilities and relationships to other uses. The M District is intended to keep out uses not compatible with industry.

B. Permitted uses. The following uses are permitted within an M District:

(1) Food or animal rendering or processing.

(2) Chemical, explosives, asphalt, glue and fertilizer manufacturing.

(3) Concrete mixing plant.

(4) Smelting, foundry or forging operations.

(5) Inflammable gases or liquids operations.

(6) Garbage, rubbish and/or recycling operations if screened.

(7) Junk or salvage yards if screened.

(8) Lumberyards.

C. Requirements. In order to be considered a conforming lot or structure within an M District, a lot or structure must:

(1) Have a minimum lot size of 30,000 square feet and a minimum lot width of 100 feet;

(2) Have a front yard setback of 15 feet, rear yard setback of 15 feet and a side yard setback of 15 feet;

(3) Not exceed a maximum building height of 50 feet; and

(4) Have a side and rear yard setback of five feet for accessory buildings.

D. Conditional uses. The following uses shall be considered conditional uses within the M District:

(1) Telecommunications towers.

ARTICLE VI

Conservancy District

§ 195-19. C Conservancy District.

A. Purpose. The C District is intended to preserve the natural state of scenic areas in the community, to prevent the uncontrolled, misplaced, uneconomical spread of residential, business or other development, to prevent soil and water pollution and to help discourage intensive development of marginal and floodplain lands so as to prevent potential hazards to public and private property.

B. Permitted uses. The following uses are permitted within a C District:

(1) Parks and parkways, recreation areas and cemeteries;

(2) Management of forestry, wildlife and fish;

(3) Harvesting of wild crops, such as marsh hay, ferns, moss, berries, tree fruits and tree seeds;

(4) Fishing; and

(5) Uses customarily incidental to any of the above uses.

C. Requirements. The following requirements apply within a C District:

(1) A minimum lot size of 6,000 square feet and a minimum lot width of 42 feet.

D. Conditional uses. The following uses shall be considered conditional uses within a C District:

(1) Gravel or sand pits and quarries, including the washing and grading of products;

(2) Upon written permission from the Village Board in keeping with the purpose of this chapter, after recommendation of the Board of Appeals and a public hearing, landfill areas, sewage disposal and treatment plants, Village garages, water pumping or storage facilities, amusement parks, golf courses and driving ranges, public recreation buildings and public or private camping grounds;

(3) Dams and transmission lines; and

(4) Trapping.

(5) Telecommunications towers. [Added 5-9-2002 by Ord. No. 2.02]

ARTICLE VII

Agricultural District

§ 195-20. A Agricultural District.

A. Purpose. The A District is intended to delineate and protect the areas best suited for agriculture and to provide for controlled growth.

B. Permitted uses. The following uses are permitted within an A District:

(1) Single-family residences;

(2) Raising of farm crops; and

(3) Farm buildings only when accessory to a single-family residence.

C. Requirements. In order to be considered a conforming lot or structure within an A District, a lot or structure must:

(1) Have a minimum lot area of 10 acres and a minimum lot width of 80 feet;

(2) Have a front yard setback of 80 feet, a rear yard setback of 50 feet and a side yard setback of six feet;

(3) Not exceed a maximum principal building height of 80 feet; and

(4) Have an accessory building side yard setback of three feet and no maximum accessory building height, except that all accessory buildings must be set back from all roads and easements or road lines and property boundaries at a distance at least equal to their height.

D. Conditional uses. The following uses shall be considered conditional uses within an A District:

(1) Telecommunications towers. [Amended 5-9-2002 by Ord. No. 2.02]

(2) Public and private campgrounds;

(3) Kennels;

(4) Stables;

(5) Adult entertainment uses or districts;

(6) Salvage yards and sanitary landfill sites which must be licensed by the state;

(7) Public and semipublic uses; and

(8) General farming, including raising of crops and keeping of farm animals, including but not limited to cattle, fowl, rabbits, sheep, goats and horses, except farms operated for the disposal of garbage, rubbish, offal or sewage; feedlot limited to 150 livestock units or less; poultry farm housing limited to 10,000 birds or fewer; and signs not over eight square feet in area advertising the sale of farm products produced on the premises.

ARTICLE VIII

Scenic Overlay District

§ 195-21. SO Scenic Overlay District. [Amended 10-12-2000 by Ord. No. 1.00; 5-9-2002 by Ord. No. 2.02; 7-13-2006 by Ord. No. 7.06; 11-9-2006 by Ord. No. 9.06]

The following standards apply to all land within the Village limits where slopes exceed 12% and all land visible from the center line of STH 35, USH 53, CTH HD, CTH D, CTH V, CTH SN, CTH MH and CTH DH and within all zoning districts.

A. Setback. All structures, including billboards, travel trailers and motor homes, shall set back at least 75 feet from STH 35 and STH 53 and be visually inconspicuous in the opinion of the Village Planning Commission. Official signs placed by a government agency will be exempt from the location and setback requirements but shall conform to the intent of this section to the fullest degree possible.

B. Vegetation. A “no cut” native vegetation strip at least 75 feet deep shall be maintained along the bluffs (measured from where the bottom of bluff slope breaks from less than 12% to greater than 12% and where the top of bluff slope breaks from greater than 12% back to less than 12%), except that an access lane up to 15 feet in width may be cleared and maintained per parcel.

C. Walkways. Walkways are allowed if they are necessary to access steep slopes, provided sound erosion control practices are employed and that structures are visually inconspicuous in the opinion of the Village Planning Commission.

D. Setback and screening. All existing structures or improvements to those structures, located at the base or top of hills and bluffs visible from the center line of STH 35, USH 53, CTH HD, CTH D, CTH V, CTH SN, CTH MH and CTH DH, shall be set back from the sight lines (where the bottom of bluff slope breaks from less than 12% to the center line of the roads to greater than 12% and where the top of bluff slope breaks from greater than 12% back to less than 12%) and screened by native vegetation so as to make them visually inconspicuous. Buildings shall be set back at least 100 feet above or below the sight line on areas visible from the center line of the roads specified.

E. Slopes. Building structures and driveways shall not be placed on slopes greater than 12% in any zoning district, except where the Village Board deems the installation is necessary for public health or safety reasons.

F. Topography. Substantial changes to the natural topography made to accommodate building construction, quarrying and private road construction on lands visible from the center line of the roads specified and on any lands where slopes exceed 12% is prohibited, except where the Village Board deems changes are necessary for public health or safety reasons.

G. Height. The height of existing structures or improvements to those structures, including billboards, antennas and weathervanes, located on lands where slopes exceed 12%, shall not exceed the height of the existing vegetation where the structures would otherwise be visible from Village roadways.

H. Utility corridors and roads. Utility corridors, roads and structures in the scenic area shall be constructed to minimize visual impacts.

I. Timber and vegetation removal. Vegetation removal and timber management limitations are hereby established consistent with the Department of Natural Resources Class A Scenic Management Guidelines. (These timber management guidelines are designed to maintain the scenic zone timber in a healthy, forested and aesthetically pleasing condition, reduce damage to residual trees, reduce visible evidence of logging and reduce soil erosion.)

J. Junkyards. Junkyards in areas viewable from STH 35, USH 53, CTH HD, CTH D, CTH V, CTH SN, CTH MH and CTH DH are prohibited.

K. Agriculture. Agricultural uses and structures are exempt from regulations spelled out in this section.

L. Building materials. Building materials of any construction must incorporate natural materials and colors sufficient to be visually inconspicuous in the opinion of the Village Planning Commission.

ARTICLE IX

Conditional Uses

§ 195-22. Application procedure.

The following are the required procedures for the application for and approval of conditional uses:

A. Application and hearing. Any conditional uses listed in this chapter shall be permitted only when reviewed by the Planning Commission and authorized by the Village Board. Application for a conditional use permit shall be made to the Zoning Officer, who shall refer it to the Planning Commission and the Village Board. The Board shall then schedule a public hearing on the application. Notice of such hearing shall be given by the Village Board by publishing in the official newspaper a display ad setting forth such information as will provide adequate notice to residents of the Village of the proposed application, its location and the time and place of the hearing and the statement that all interested parties will be heard. Such notice shall be published two times, in each of the two preceding weeks, the second not less than seven days before said hearing, and copies of such notice shall be mailed to all abutting property owners within 100 feet by first class mail.

B. Review and approval. The Planning Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewage and water systems and the proposed operation. [Amended 10-12-2000 by Ord. No. 1.00]

C. Determinations. The Planning Commission shall make such findings that it deems appropriate based on the information submitted to it. The Village Board shall consider such findings and recommendations and make the ultimate determination of whether to grant the conditional use and the conditions upon which such grant is made. The determination of the Village Board shall be final. [Amended 10-12-2000 by Ord. No. 1.00]

D. Conditions. Conditions, such as landscaping, architectural features and completion dates, sureties, lighting, fencing, planting screens, operation, improved traffic circulation, deed restriction, highway access restrictions, increased yards, grade, drainage or parking requirements, may be required by the Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter. [Amended 10-12-2000 by Ord. No. 1.00]

E. Compliance. Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all conditional uses.

F. Violation. Any permitted conditional use which does not continue in conformity with the conditions of the permit shall be revoked.

G. Revocations. Revocations may be appealed to the Village Board within 90 days after date of notification.

§ 195-23. Uses requiring conditional use permit; restrictions.

A conditional use permit is required for the following uses. Restrictions for each use are as listed below.

A. Recreational vehicle courts.

(1) Definitions. As used in this Subsection A, the following terms shall have the meanings indicated:

RECREATIONAL VEHICLE COURT — Any plot or plots of ground upon which two or more recreation vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

RECREATIONAL VEHICLE SITE — A plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle as defined herein.

TENT — A portable lode of canvas, strong cloth or other similar material stretched and sustained by poles. In this article, one tent shall be considered the equivalent of one recreational vehicle.

(2) Area of applicability. Recreational vehicle courts shall be located only in R-5 Multiple-Family Residential Districts. [Amended 10-12-2000 by Ord. No. 1.00]

(3) Recreational vehicle court plan. A recreational vehicle court plan shall be provided for recreational vehicle courts at such locations as may be approved by the Village Board upon review by the Planning Commission according to the minimum standards as hereinafter specified.

(4) Recreational vehicle (RV) court/campground. The site of a recreational vehicle (RV) court/campground must consist of one or more contiguous parcels of 1/2 acre or more. A site can consist of land owned or leased by the applicant. The land must be vacant or have a marina, tavern or industry as its primary use. Land leased by the applicant cannot be occupied by a building nor be required yard area or parking area for such building and must be devoted for use by occupants of the recreational vehicles. The site cannot be separated by a waterway or public way. All parcels must be zoned agriculture. Parcels contiguous only at a point do not constitute parcels.

(5) Plan review. Any person making application for a recreational vehicle court conditional use permit shall submit with his written application a proposed plan in triplicate.

(6) Area of court. No permit shall be issued for the establishment of a recreational vehicle court unless such court contains not less than 1/2 acre of land to provide a minimum of six recreational vehicle sites. An additional 1,200 square feet shall be provided for each additional recreational vehicle site over six to a maximum of 100 sites; however, nothing herein contained shall prevent the location of a recreational vehicle court on land upon which is located another commercial establishment providing the provisions of Subsection A(4) are met.

(7) Construction standards. In addition to the standards set forth in this code, recreational vehicle courts shall be constructed in compliance with the pertinent rules of the Department of Health and Family Services as set forth in Chapter HFS 178 of the Wisconsin Administrative Code.

(8) Use for dwelling purpose. No person shall place a mobile home or shall place a recreational vehicle within the Village for dwelling purposes, either temporary or permanent, on any land located outside a recreational vehicle court or mobile home court. Occupancy within an authorized recreational vehicle court shall not exceed seven months during any twelve-month period. [Amended 10-12-2000 by Ord. No. 1.00]

(9) Use for nonresident purposes. No persons shall hereafter place or use a mobile home or a recreational vehicle for the conduct of any business, profession, occupation or trade as a selling or advertising device on any land within the Village except for the following:

(a) A mobile home or recreational vehicle shall not be considered permissible as an accessory building.

(b) A mobile home or recreational vehicle may be used as a temporary office or shelter incidental to construction on or development of the premises on which it is located only during the time construction or development is underway.

(c) Mobile homes and recreational vehicles occupied as temporary living quarters by persons involved in special events or which are equipped to perform a public service function and operated or sponsored by governmental, civic or other like organizations shall be allowed with the Village as a conditional use at such locations and for such duration as shall be prescribed by the Village President.

(10) Nonconforming uses. A mobile home located within the Village and occupied as a permanent residence at the time of the passage of this section shall hereafter be deemed a nonconforming use and may continue as such but shall be treated in the same manner and under the same rules as any other nonconforming use.

(11) Mobile homes. Except as provided in this code, no person shall store a mobile home on any land within the Village.

(12) Recreational vehicles.

(a) The storage of one recreational vehicle in an accessory private garage building or in the rear yard of any occupied dwelling is permitted, provided that no living quarters shall be maintained nor any business practiced in such recreational vehicle while the same is so parked or stored.

(b) Within an authorized recreational vehicle court, a recreational vehicle shall not occupy a site for more than 60 days during those seasons other than winter without being removed from the court a minimum of 24 continuous hours and may be stored unoccupied during the four-month winter season from December 1 to April 1.

(13) Repair. Mobile homes and recreational vehicles when occupied may be left a reasonable time for repairs at any place where such repairs are ordinarily made.

(14) Sales lots. Unoccupied mobile homes and recreational vehicles may be stored for the purpose of inspection and sale upon any manufactured home, mobile home, manufactured dwelling or recreational vehicle sales lot.

B. Campgrounds.

(1) The minimum size of any campground shall be two acres in gross area.

(2) The maximum number of travel trailers or campsites shall be 20 per acre as computed from the gross area of the park or campgrounds, and in no case shall the square feet of each site be less than 2,000 square feet.

(3) Before beginning operation of any campground, 50% of the sites and 100% of the facilities shall be completed.

(4) In addition to setback from the right-of-way of any state, county or Village road, all campgrounds shall have a boundary zone of 40 feet between any campsite and any side or rear lot line.

(5) The minimum width of roads within a campground shall be 30 feet.

(6) All access roads to and from the campground shall be well lighted and hard surfaced with bituminous concrete or equal materials.

(7) Every campground shall conform to all applicable state laws, as amended. [Amended 10-12-2000 by Ord. No. 1.00]

(8) All wiring within a camp must conform to state electrical codes.

(9) Designated spots on each site will be marked or constructed for outside cooking or the building of campfires, and no fires will be allowed outside of these designated areas.

(10) The perimeter of the camping area or perimeter of the parcel must be fenced.

C. Public and semipublic uses. The following public and semipublic uses shall be conditional uses and may be permitted as specified:

(1) Governmental and cultural uses, such as administrative offices, fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums.

(2) Utilities and communication towers with associated buildings, but not including studios.

(3) Public, private and parochial preschool, elementary and secondary schools and churches, provided the lot area is not less than one acre and all principal structures and uses are not less than 50 feet from any lot line.

(4) Institutions. Religious and charitable institutions and cemeteries, provided that all principal structures and uses are not less than 50 feet from any lot line.

D. Mobile home parks. Mobile home parks may be permitted in the R-5 District as a conditional use and shall conform to the following standards: [Amended 10-12-2000 by Ord. No. 1.00]

(1) Minimum park size: five acres.

(2) Minimum distance of any mobile home from the park boundary: 10 feet.

(3) Minimum lot size per mobile home: 5,000 square feet.

(4) Minimum lot width: 50 feet.

(5) Minimum distance between mobile homes: 10 feet all around.

(6) Minimum number of public accesses shall be two. They shall be by sixty-foot roadway with each at least 300 feet apart.

(7) Water and sewer. Each mobile home lot shall be connected to public water supply and sewage disposal systems. The mobile home park shall be furnished with one water meter assigned to the ownership of the mobile home park.

(8) Solid waste. Each mobile home lot shall have adequate garbage and refuse disposal service.

(9) A front yard setback of 15 feet from the roadway serving the unit. No structures or units shall be located within this setback area, nor shall fences exceed a height of four feet. [Amended 5-9-2002 by Ord. No. 2.02]

(10) An inclement weather shelter shall be provided.

(11) Recreation area. At least 5% of the total area of each park shall be designated as a recreation area with play equipment furnished and maintained by the park owner.

(12) Landscaping and screening. Along each boundary line of a mobile home park there shall be a landscape planting which shall be so designed and maintained as to be fifty-percent or more opaque between two feet and eight feet above average ground level at maturity to effectively screen the facility from view. A planting plan shall be submitted as part of the initial mobile home park. Not more than two openings for access shall be provided in such planting, the sizes and locations of which shall be subject to review and approval by the Planning Commission. Such planting shall be completely installed in the first growing season following the issuance of the permit. The Village Board, upon the review of the Planning Commission, may authorize other suitable means of screening a mobile home park, such as a fence of such design and construction as to effectively present a ninety-percent opaque vision barrier from grade to a height of six feet. Any fence authorized in lieu of the aforementioned planting shall be maintained in good condition at all times, and the operator shall prevent any handbills, posters, signs or advertising from being placed on or over same.

(13) Roads and parking. All roadways, parking areas and walkways shall be hard surfaced with bituminous concrete or equal materials. Roadways shall be a minimum of 60 feet in width and adequately lighted. There shall be one off-street parking space for each mobile home and additional parking spaces for automobiles within the park totaling no fewer than two parking spaces for each mobile home lot.

(14) Signs. No signs shall be permitted except the following:

(a) One nonflashing identification sign stating only the name of the court and the services available, provided the sign does not project into the public right-of-way; and

(b) Any necessary regulatory signs such as street name signs, entrance and exit signs, etc.

(15) No mobile home sales office or other business or commercial use shall be located on the mobile home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage and one office are permitted.

(16) Pad. Each mobile home shall be placed upon a hard-surfaced pad or foundation with six approved tie-down anchors.

(17) All mobile homes and manufactured homes shall meet the construction standards of all federal codes.

(18) Accessory buildings shall not exceed an area of 30% of the required lot, with a minimum side yard setback of 10 feet between building on an adjacent lot and rear yard setback of eight feet. A minimum distance of five feet shall exist between the mobile home and accessory building.

E. Adult entertainment.

(1) An adult-oriented establishment shall be a permitted use in the A Agricultural District. All pertinent general or district zoning restrictions shall apply. In addition, no permit may be granted for an adult-oriented establishment unless it shall be located at least 1,000 feet from:

(a) The boundaries of the following districts: R-1 New Single-Family Residential District, R-2 New Single-Family Residential District, R-3 Existing Single-Family Mixed Residential District, R-4 Two-Family Residential District, R-5 Multiple-Family Residential District, R-6 Zero Lot Line District and PUD Planned Unit Development District.

(b) Any property within the Village then used for residential, church, park or school purposes.

(2) All applicable provisions of the Municipal Code and the Wisconsin Statutes regulating conditional uses shall apply to any request for conditional use for an adult-oriented establishment.

ARTICLE X

Planned Unit Developments

§ 195-24. Purpose.

The Planned Unit Development District and uses created herein are intended to provide opportunity for the construction of quality developments by providing flexible guidelines where strict adherence to zoning codes precludes the use of innovative but sound development principals.

§ 195-25. Area of applicability; minimum size.

A planned unit development shall be a separate residential district that is identifiable as a distinct neighborhood and may contain one-family, two-family or multifamily dwellings. It shall have a minimum size of a six acres.

§ 195-26. Development controls.

A. Yards.

(1) Landscaped yard. A landscaped yard shall be provided and maintained along all streets and traveled rights-of-way. The yard shall be at least 25 feet in depth along all streets as measured from the street right-of-way. The yard shall extend along the entire frontage(s) of the lot, except for driveways, and shall be kept clear of all storage, structures and off-street parking.

(2) Exceptions. Any landowner intending to propose a yard of less than the required 25 feet in depth must first apply for and receive a variance to that requirement. The Planning Commission may approve the variance if, in its judgment, the alternative plan is in conformity with the intent and purpose of this section and reasonably related to the established pattern of the neighborhood. Before any such alternative plan shall be approved it shall contain as a minimum a buffer area on both sides of driveways and curb cuts with a minimum of 25 feet in depth as measured from street right-of-way and not less than eight feet in width as measured parallel to the driveway.

B. Interior side yard. An interior side yard shall be provided for those parcels in a Planned Unit Development District which borders upon other districts; such side yard shall abut the adjacent district and shall be not less than eight feet in width, except that for accessory buildings not exceeding 500 square feet in area the minimum width of such interior side yard shall be three feet.

C. Exterior storage.

(1) All materials, machinery and equipment shall be stored within a building or fully screened so as not to be visible from adjoining or adjacent lands, except for the following: laundry drying lines and recreational equipment; construction materials, machinery and equipment currently being used on the premises during the course of construction; and landscaping equipment and machinery currently being used or intended for use on the premises.

(2) Major recreational equipment, defined for the purposes of this section as travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, less that than eight feet in height above the ground may be stored in any rear yard except when such yard is adjacent to a street. In additional to the general eight-foot height permitted, minor portions of such equipment not exceeding four square feet in vertical cross section as viewed from the adjacent lot line are permitted. No such equipment shall be stored outdoors unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state. In no event shall any such equipment be so stored for a period of more than 60 days if not in condition for safe and efficient performance of its intended function.

D. Refuse. In all areas all waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. Trash and garbage receptacles must be screened from view from off site and are prohibited in front yards and the setback area of rear and side yards.

E. Landscaping. Landscaping shall be provided and maintained for all yard areas except those utilized for driveways and off-street parking and shall consist of grass, shrubs and trees suitable for the climatic and soil conditions of the site area.

F. Off-street parking. The following requirements for the planned unit developments supersede anything in this Code to the contrary. For residential uses, off-street parking shall be provided at a minimum ratio of 1 1/2 spaces for each dwelling unit, except that for instances such as housing projects for the elderly a ratio of 1:1 may be provided at the discretion of the Village Board upon review of the Planning Commission.

G. Screening. Screening shall be required where any off-street parking area contains more than four parking spaces. Such screening shall conform to the spirit of Subsection A(1).

H. Traffic control. The traffic generated by any use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards and excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure a safe and orderly flow.

I. Screening of roof-mounted equipment.

(1) Roof-mounted mechanical equipment installed on buildings constructed within the Planned Unit Development District shall be screened from view. This requirement shall be deemed satisfied when all parts of the roof-mounted equipment are not visible from ground level observation or at any point on the property, adjacent property or from adjacent streets.

(2) Screening required by this section shall comply with the following:

(a) The screening shall be permanently attached to the building and shall be capable of withstanding all load requirements as outlined in applicable codes.

(b) The screening shall be constructed with materials that are architecturally compatible with the building. The use of wood, in whole or in part, as a screening material shall not be considered as being architecturally compatible unless the building is constructed with a wood exterior.

(c) A parapet wall of sufficient height and as an integral part of the building shall be considered as approved screening.

(d) All rooftop screening shall be kept in repair or in a proper state of preservation.

(e) Existing screening which requires major alteration or replacement shall meet the requirements of this section.

§ 195-27. Review of applications.

A. Review scope. An application to construct a planned unit development must be reviewed in a manner which is consistent with the procedures set forth in this section and those procedures required by state statutes.

B. Constitution of review authority. Planned unit development applications shall be subject to review by the Village Board based on Planning Commission recommendations and a public hearing.

C. Preapplication conference.

(1) A developer desiring to obtain zoning to construct a planned unit development may request a preapplication conference with the Planning Commission prior to submitting an application for the zoning.

(2) The purpose of this preapplication conference shall be to familiarize both the developer and the Planning Commission with each other's intentions with respect to the planned unit development. Although a preapplication conference shall not be required, this preliminary meeting between the Planning Commission and the developer is desirable since it should help clarify many procedural and policy issues.

(3) The developer shall not be required to present any written or graphic materials at the preapplication conference. The Planning Commission cannot approve zoning at the preapplication conference.

D. Development proposal.

(1) The written and graphic information specified in this section must be submitted for the entire proposed project. A copy of the development proposal shall remain open to the public during the application process and shall be located in the Village Clerk's office.

(2) The purpose of the development proposal shall be to provide the Planning Commission with an opportunity for in-depth substantive review of the planned unit development before final designs are developed.

(3) The development proposal shall include written and graphic materials.

(a) Written materials shall include, but not be limited to, the following:

[1] Legal description of the total development parcel proposed for development, including exact location and a statement of present and proposed ownership.

[2] Statement of development concept, including the planning objectives and the character of the development to be achieved through the planned unit development.

[3] Development schedule indicating the appropriate date when construction of the planned unit development can be expected to begin and to be completed, including initiation and completion dates of separate stages of a phased development.

[4] Statement of intentions regarding the future selling or leasing of all or portions of the planned unit development, such as land areas, dwelling units and public facilities.

[5] The impact of the development on existing Village services outside the development.

(b) Quantitative data, including:

[1] Parcel size.

[2] Proposed lot coverage of structures.

[3] Total amount of usable open space, both private and public.

[4] Total number and type of dwelling units by number of bedrooms.

[5] Approximate gross residential densities.

[6] Number of parking spaces to be provided.

[7] Total length of streets to be conveyed to the Village government.

[8] Total length of streets to be held as private ways within the development.

[9] Description of type of other public works to be conveyed to the Village government.

[10] Number and types of public facilities.

[1] Map of existing site conditions, including contours, watercourses, floodplains, unique natural features, existing vegetation and existing buildings.

[2] Existing and proposed lot lines.

[3] Location and size of gross floor area of all existing and proposed buildings, structures and other improvements, including maximum heights and types of dwelling units.

[4] Location and size in square feet of all usable open space and areas to be conveyed, dedicated or reserved as common open spaces and recreation areas.

[5] The existing and proposed circulation, including off-street parking areas, services areas, loading areas and all points of access to existing public rights-of-way.

[6] Proposed pedestrian circulation system.

[7] Existing and proposed utility systems, including sanitary sewers, storm sewers, water and gas lines and utility easements.

[8] Landscape plan indicating the treatment of materials used for private and common open spaces.

[9] Location of trash and garbage receptacles and type of screening.

[10] Proposed treatment of the perimeter of the development, including materials and techniques used such as screens, fences and walls.

(d) Approval of the development proposal may be granted by the Village Board upon review of the Planning Commission and following a public hearing where the development proposal:

[1] Conforms to the general development controls set forth in this section.

[2] Conforms to the adopted Comprehensive Plan for the portion of the Village in which the Planned Unit Development District is located.

[3] Provides benefits to the Village which outweigh its adverse effects. In making this determination, the Planning Commission shall consider the following:

[a] Quality of site design, including integration of a variety of land uses, building types and densities, preservation of natural features, compatibility and adjacent land uses, provision and type of open spaces, and provision of other amenities designed to benefit the general public.

[b] Traffic flow and safety.

[c] Adequacy of utilities and other public works facilities.

§ 195-28. Final development plan.

A. The final development plan shall be submitted to the Village Clerk. It shall include all of the previously specified data and, in addition, any changes approved by the Village Board.

B. In lieu of completing all of the elements in the development proposal, the Village Board shall require a bond in an amount equal to the estimated costs for completing the project. The bond is for utilities and roads but not buildings.

ARTICLE XI

Parking and Loading

§ 195-29. Minimum off-street parking required. [Amended 10-12-2000 by Ord. No. 1.00; 11-13-2003 by Ord. No. 7.03]

In all zoning districts, except B-1 Downtown Business District, and unless otherwise herein provided, all newly established uses and all uses which are expanded shall provide off-street parking and unloading space in accordance with the standards set forth in this article. In B-1 Downtown Business Districts, the number of off-street parking spaces shall be one space for each 1,000 square feet of usable floor area and one space per dwelling unit for all dwellings.

Use	Minimum Parking Required
Single-family dwellings and mobile homes	2 stalls for each dwelling unit
Two-family and multifamily dwellings	2 stalls for each dwelling unit
Hotels and motels	1 stall for each guest room plus 1 stall for each 3 employees
Nursing homes	1 stall for each 2 beds plus 1 stall for each 3 employees
Medical and dental clinics	3 stalls for each doctor
Churches, theaters, auditoriums, community centers and other places of public assembly	1 stall for each 5 seats
Secondary and elementary schools	1 stall for each 2 employees plus 1 stall for each 10 students of 16 years of age or more
Restaurants, bars, places of entertainment, repair shops and retail and service stores	1 stall for each 150 square feet of usable floor area
Furniture and appliance stores, household equipment, showroom of tradesmen and similar uses	1 stall per each 1,000 square feet of usable floor area
Supermarkets, self-service food or beverage shops, retail stores except as otherwise specified and personal service	1 stall per each 200 square feet of usable floor space
Financial institutions, businesses and government and professional offices	1 stall per each 300 square feet of usable floor space
Funeral homes	1 stall per each 4 seats
Bowling alleys	5 stalls per each alley
Manufacturing and processing plants, laboratories and warehouses	1 stall per each 2 employees

§ 195-30. Design of parking and loading areas.

A. Parking space dimensions. Parking shall have minimum dimensions of not less than 10 feet in width and 20 feet in length, exclusive of access drives or aisles. Parking stalls to accommodate handicapped persons shall be designed with dimensions and area in accordance with state law.

B. Loading space dimensions. Loading spaces shall have minimum dimensions of not less than 12 feet in width and 50 feet in length, exclusive of driveways and aisles.

C. Paving. Parking and loading spaces together with driveways, aisles and other circulation areas shall be improved with materials to provide a bituminous or concrete surface.

D. Drainage. The design of all parking and loading areas shall provide for adequate surface water drainage in such a fashion to prevent the drainage of surface water onto adjacent properties.

E. Access driveways. Access roads and driveways shall be a minimum of not less than 12 feet for one-way traffic and 20 feet for two-way traffic. Entrances and exits to parking areas shall be clearly marked.

F. Lighting. Parking areas intended for use during nondaylight hours shall be illuminated sufficient to avoid accidents. Lights shall be so arranged to reflect light away from adjacent property and public streets.

G. Screening. Whenever a parking area is located in a front yard or side yard adjacent to a street, appropriate screening or landscaping shall be provided to minimize the visual appearance. Parking areas located next to a residential district shall be effectively screened on any side facing the residential district. Such screening shall not be less than four feet in height and shall be maintained in good condition.

H. Maintenance. Parking and loading areas shall be maintained in good condition and free of trash and debris.

§ 195-31. Loading space requirements for the B-2 and M Districts.

There shall be provided at the time any building is erected or expanded off-street loading space in accordance with the following requirements. For the purpose of this section, a loading space will be so designed and maintained as to accommodate the type of delivery vehicles contemplated, but shall not be less than 12 feet wide and 50 feet in length, shall be hard surfaced with a dustless all-weather material capable of bearing a live load of 200 pounds per square foot, shall be located on the same lot as the use served and shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement and shall be subject to approval by the Village Board.

ARTICLE XII

Signs, Awnings, Canopies and Billboards

§ 195-32. Purpose.

The purpose of this article is to establish minimum standards to safeguard life and property and promote public welfare and community aesthetics by regulating the appearance, construction, location and maintenance of all signs, awnings, canopies and billboards. The provisions herein contained shall be binding alike upon every owner of a building, every lessee and every person in charge or responsible for or who causes the construction, repair, relocation or alteration of any outdoor sign and other advertising structures in the Village of Holmen. Painting, posting and general maintenance are excepted. No sign or billboard shall have a message, shape, characteristic or graphic which is prohibited by state statutes.

§ 195-33. Definitions.

The following definitions are used in this article:

AREA OF SIGN — The perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the sign may be placed unless they are designed as part of the sign. If the sign consists of more than one section or module, all areas will be totaled. The area of an irregularly shaped sign shall be computed using the actual sign face surface. The area of the irregularly shaped sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight straight lines.

AWNING — A hood or cover which projects from the wall of the building with a ridged frame structure.

BILLBOARD — A sign which advertises goods, products or facilities or services not necessarily on the premises where the sign is located or directs persons to a different location from where the sign is located.

BLANKETING — The unreasonable obstruction of view of a sign caused by the placement of another sign.

CANOPY — A shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalk.

DAY — A day shall be designated as a period of time in terms of calendar days.

DIRECTLY ILLUMINATED SIGN — Any sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on such sign.

DIRECTORY SIGN — Any sign on which the names and locations of occupants or the use of a building is given. This shall include offices and church directories. Directory signs shall be encouraged for use with advertising of multiple-occupied commercial buildings.

ELECTRONIC MESSAGE UNIT SIGN — Any sign whose message may be changed by electronic process, including such messages as copy, art, graphics, time, date, temperature, weather or information concerning civic or charitable events or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.^{^[1]}

FLASHING SIGN — Any directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.

FREESTANDING (ground and/or pole sign) — Any sign which is supported by structures or supports in or upon the ground and independent of support from any building.

IDENTIFICATION SIGN — Any sign which carries only the name of the firm, major enterprise, institution or principal products offered for sale on the premises or combination of these.

INDIRECTLY ILLUMINATED SIGN — A sign that is illuminated from a source outside of the actual sign.

MARQUEE SIGN — Any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against weather.

NONCONFORMING SIGN — Any sign which does not conform to the regulations of this article.

OFF-PREMISES SIGN — Any sign, device or display which advertises goods other than that commonly available or services other than that commonly performed on the premises on which the sign is located.

POLITICAL SIGN — Any sign displaying a candidate for an election or a current election's subject matter.

PORTABLE SIGN — Any sign not permanently attached to the ground which is intended to be displayed for no longer than 30 days and is designed to be easily moved from one location to another.

PROJECTING SIGN — Any sign extending more than 18 inches but less than four feet from the face of a wall or building. Such sign may not extend more than three feet into the right-of-way.

REAL ESTATE SIGN — Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

ROOF SIGN — Any sign erected upon or over the roof or parapet of any building.

SHOPPING CENTER — A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements and landscaping and signage in accordance with an approved plan.

SIGN — A sign shall include anything that promotes, calls attention or invites patronage (or anything similar to the aforementioned) to a business, location or product.

TEMPORARY SIGN — Any sign intended to be displayed for a short period of time, including real estate or construction site signs, and banners, decorative-type displays or anything similar to the aforementioned.

WALL SIGN — Any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than 24 inches from such wall. ^{^[2]}

WINDOW SIGN — Any sign located completely within an enclosed building and visible from a public way.

§ 195-34. Permit application procedure.

A. Application. Except those specified in § 195-35, no signs, billboards, awnings or canopies shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this article. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the Village of Holmen. Signs shall not be erected or altered until a permit has been issued by the Zoning Officer. "Altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.

B. Required information. Application for a sign shall be made in writing upon forms furnished by the Village which contain the following information about the sign: dimensions, including display surface; materials; illumination; wiring; height above grade; distance from lot lines; and the person, firm or corporation erecting or altering the sign.

C. Fee. The fee for each sign permit shall be a minimum of $20 or $0.20 per square foot of display surface if the display surface of the sign exceeds 20 square feet.

D. Insurance. Any person, firm or corporation engaged in the business of erecting, repairing, maintaining or relocating any sign shall maintain in effect at all times a policy of liability insurance with limits of $300,000 for bodily injury and $1,000,000 aggregate and $100,000 property damage. Proof of insurance shall be presented to the Village before the sign permit is granted.

E. Inspection. Every sign shall be inspected and approved by the Zoning Officer within 30 days after it is erected or altered.

F. Appeals. Any person, firm or corporation aggrieved by any permit denial or decision by the Zoning Officer relative to the provisions of these sign regulations may appeal and seek review of such to the Board of Appeals.

§ 195-35. Signs exempted.

The following signs shall not need a sign permit, provided that they are not located over a public road right-of-way or in, on or over public water. The following signs do not require a permit:

A. Business and manufacturing districts.^{^[3]}

(1) Real estate signs not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.

(2) Name, occupation and warning signs not to exceed four square feet located on the premises.

(3) Bulletin boards for public, charitable or religious institutions not to exceed 35 square feet in area located on the premises.

(4) Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against the structure.

(5) Official signs, such as traffic control, parking restriction, information and notices.

(6) Temporary signs, when authorized by the Village for a period not to exceed 30 days.

(7) Rummage sale signs not to exceed eight square feet in area, but use of this type of sign shall be limited to 72 hours per sale.

(8) A sign for the purpose of designating a new building or development, for promotion of a subdivision, for announcement of a special event or for similar special informational purposes may be permitted for a limited period of time in any district with the approval of the Village and subject to the following:

(a) Drawings showing the specific design, appearance and location of the sign shall be submitted to the Village for approval.

(b) The permitted size and location of any such sign shall be at the discretion of the Village based upon the character of the area, the type and purpose of the sign and the length of time permitted.

(c) Where the sign is to be located on the premises involved, such may be permitted for a period up to one year. An extension may be permitted for a period not to exceed two years total.

(d) Where the sign is not to be located on the premises involved, such sign may be permitted for a period not to exceed nine months.

(9) Signs designating entrances, exits, service areas, parking areas, rest rooms and other signs relating to functional operation of the building or premises shall be permitted without limitation other than reasonable size and necessity.

(10) Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises.

(11) Flags and insignia of any government, except when displayed in connection with commercial promotion.

(12) Legal notices, identification information or directional signs erected by governmental bodies.

(13) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(14) Signs directing and guiding traffic and parking on private property but bearing no advertising matter.

(15) Political signs may be posted 60 days before an election and must be removed within 10 days after said election. Said sign shall be a maximum of 32 square feet.

B. Residential, conservancy and agricultural districts.

(1) Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed four square feet.

(2) Real estate signs not to exceed four square feet in area which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.

(3) Name, occupation and warning signs not to exceed two square feet located on the premises.

(4) Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises.

(5) Memorial signs, tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

(6) Official signs, such as traffic control, parking restrictions, information and notices.

(7) Temporary signs or banners, when authorized by the Village, for a period not to exceed 30 days.

(8) Awnings or canopies servicing only a particular single-family dwelling unit, provided the same shall conform to the regulations applicable to the zoning district in which the same are located.

(9) House numbers or signs identifying parks or country clubs or official bulletin boards.

(10) An approved professional sign shall be a sign not exceeding three square feet in area, stating only the name and business or profession of the occupant or the character or the use of the premises on which the sign is maintained. It shall not be illuminated and shall not move. Only one such approved professional sign shall be maintained on a premises.

(11) A sign for the purpose of designating a new building or development, for promotion of a subdivision, for announcement of a special event or for similar special informational purposes may be permitted for a limited time in any district with the approval of the Village and subject to the following:

(a) Drawings showing the specific design, appearance and location of the sign shall be submitted to the Village for approval.

(b) The permitted size and location of any such sign shall be at the discretion of the Village based upon the character of the area, the type and purpose of the sign and the length of time permitted.

(c) Where the sign is to be located on the premises involved, such may be permitted for a period up to one year. An extension may be permitted for a period not to exceed two years total.

(12) Political signs may be posted 60 days before an election and must be removed within 10 days after said election. Said sign shall be a maximum of four square feet.

§ 195-36. Signs requiring a permit. ^{^[4]}

The following signs shall require a permit to be issued by the Village of Holmen:

A. Business and manufacturing districts. Signs are permitted in all business districts and the manufacturing districts subject to the following restrictions:

(1) Wall signs placed against the exterior walls of buildings shall not extend more than 24 inches out from a building's wall surface, shall not exceed 500 square feet in area or 40% of the wall surface (whichever is smaller) per wall for any one premises and shall not exceed the height of the wall for which it is displayed, depending upon the height of the wall. Said wall signs shall not exceed 45 feet in height in manufacturing districts fronting federal aid primary (FAP) highways and shall not exceed 30 feet in height in other business districts if the walls in question are greater than the 45 feet and 30 feet respectively.

(2) Projecting signs fastened to, suspended from or supported by structures shall not exceed 100 square feet in area for any one premises, shall not extend more than six feet into any required yard, shall not extend more than three feet into any public right-of-way, shall not be less then 10 feet from all side lot lines, shall not exceed a height of 20 feet above the mean center line street grade and shall not be more than 15 feet above a driveway or an alley and shall be not less than 10 feet above a sidewalk.

(3) Freestanding signs in Manufacturing and B-2 Districts fronting federal aid primary (FAP) highways shall not exceed 45 feet in height above the center line of the grade of the street from which access to the premises is obtained, shall not extend into any public right-of-way and shall be set back a minimum of five feet from the property line (depending upon the circumstances). Freestanding signs shall not exceed 300 square feet on one side nor 600 square feet on all sides for any one premises.

(4) Other freestanding signs in business and manufacturing districts shall not exceed 30 feet in height above the center line of the grade of the street from which access to the premises is obtained, and shall not extend into any public right-of-way, and shall be setback a minimum of five feet from the property line (depending upon the circumstances). Freestanding signs shall not exceed 200 square feet on one side, nor 400 square feet on all sides for any one premises.

(5) A roof sign shall not exceed 15 feet in height above the roof, shall meet all yard requirements for the district in which it is located, shall be considered part of the structure in meeting all height requirements for the district in which it is located and shall not exceed 300 square feet on all sides for any one premises.

(6) Window signs shall be placed only on the inside of commercial buildings and shall not exceed 25% of the glass area of the pane upon which the sign is displayed.

(7) Off-premises signs, billboards, displays and devices shall be permitted subject to the following:

(a) Allowed only in B-1, B-2 and Manufacturing Districts.

(b) Must be a minimum of 100 feet from residential district property line.

(d) Must be a minimum of 350 feet from a church or school.

(e) Must be a minimum of 1,000 feet from another billboard on the same side of the street.

(f) Must be a minimum of five feet from the right-of-way and from the property line.

(g) Must be a freestanding design; no back bracing or guy wires are allowed.

(h) Must meet all federal, state and local requirements prior to issuance of permit.

(i) Must meet requirements of this article, as applicable to off-premises signs.

(j) The maximum size of an off-premises sign on a four-lane divided roadway shall be 672 square feet per side of sign structure. All other roadways shall have a maximum sign size of 300 square feet per side of sign structure.

(k) No off-premises sign shall be permitted within 75 feet of the east and west rights-of-way of STH 35 and STH 53.

(8) Directory signs for shopping centers are permitted as an alternative to ground signs, projecting signs and roof signs for individual stores in the shopping center. The top of a directory sign shall not exceed 30 feet in height above the mean center line street grade, and the bottom of the sign shall not be less than 10 feet above the sidewalk and shall be not more than 15 feet above a driveway or alley. The double supporting pylons shall not be greater than 10 feet apart. That portion of the directory sign which advertises the shopping center name shall not exceed 90 square feet for one side and a total of 180 square feet for all sides. That portion of the directory sign which advertises the individual store name shall not exceed 15 square feet for one side and a total of 30 square feet for all sides. Directory signs shall meet all yard requirements for the zoning district in which they are located.

(9) Other signs. Any sign qualifying as more than one of the above-listed types shall meet the requirements for each type.

(10) Bills and posters shall not be posted on the exterior of buildings or windows.

B. Residential, conservancy and agricultural districts. All signs are prohibited in the residential, conservancy and agricultural districts, except as provided in § 195-35B.

§ 195-37. Landscape features.

Landscape features such as plant materials, berms, boulders, fencing and similar design elements unincorporated or in conjunction with the freestanding signs are encouraged and shall not be counted as allowable sign area.

§ 195-38. Prohibited signs.

A. Signs facing residential districts. No sign, except those permitted in § 195-35, shall be permitted to face a residential district within 25 feet of such district boundary. [Amended 5-9-2002 by Ord. No. 2.02]

B. Traffic interference. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs or devices. Signs, canopies and awnings shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices or the safe flow of traffic. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign, awning or canopy shall be placed so as to obstruct or interfere with traffic visibility.

C. Moving or flashing signs. No sign shall be erected which has any flashing, rotating or brilliant intermittent parts or lights or bare reflecting-type bulbs, except those giving public service information such as time, date, temperature, weather or similar information or where allowed by conditional use permit. No signs, billboards or other advertising media which creates a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property shall be permitted in any district. Does not apply to electronic message sign.

D. Number of signs permitted.

(1) No more than two signs of any style shall be located on any premises, except that premises occupied by a shopping center may, as an alternative, have one detached sign plus one flat sign illuminated or otherwise for each place of business located in said shopping center. Signs directing traffic are not included when considering the total number of signs permitted.

(2) Businesses with streets fronting both sides shall be allowed two types of signs for each street frontage; no street frontage buildings shall be allowed two of the same type of sign for that particular business.

E. Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way, except for municipal traffic control, parking and directional signs and as otherwise specified in this chapter, or be located within five feet of a property line.

F. Distance between freestanding signs. The distance between freestanding signs shall be a minimum of 100 feet between freestanding signs throughout the street frontage on the same side of the street in order to prevent congestion and maintain traffic visibility.

§ 195-39. Dangerous and abandoned signs.

A. Removal. All signs shall be removed by the owner or lessee of the premises upon which the sign is located when a business which it advertises has not been conducted for a period of 30 days or when, in the judgment of the Village, such sign is so old, dilapidated or has become so out of repair as to be dangerous or unsafe, whichever occurs first. If the owner or lessee fails to remove it, the Village Board, or its designee, may remove the sign at cost of the owner, following adequate written notice. The owner may appeal the Village Board's or its designee's decision to the Board of Appeals.

B. Alterations. For signs erected before the adoption of this article, said signs shall be rebuilt or relocated to conform to this article if the cost of reconstruction or relocation is 50% or more of their replacement value.

C. Violations. All signs constructed or maintained in violation of any of the provisions of this article are hereby declared public nuisances within the meaning of this Code. In addition to the penalty provisions for violation of this chapter, the Village Board or its designee may bring an action to abate the nuisance in the manner set forth in the Wisconsin Statutes.

Property owners may appeal violations to the Village Board within 90 days of being noticed.

§ 195-40. Variances.

Variances or exceptions to these sign regulations may be granted by the Board of Appeals.

§ 195-41. Construction and maintenance. ^{^[5]}

A. Installation. All signs shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept clean and well painted at all times. Bolts or screws shall not be fastened to window frames. Every sign and its framework, braces, anchors and other supports shall be constructed of such material and with such workmanship as to be safe and satisfactory to the Village.

B. General requirements.

(1) Construction standards. Signs shall be constructed in a safe structural manner in accordance with the National Building Code and the National Electrical Code, with fireproof and fire-resistant materials, and the Wisconsin state codes, if more restrictive. All signs shall withstand a wind load pressure of 30 pounds per square foot of surface and shall also be fastened, supported and maintained so as to withstand a wind load pressure of 30 pounds per square foot per the American Society of Engineering.

(2) Roof signs. No sign shelf be located so as to project above the parapet line unless approved by the Planning Commission. Roof sign structures shall be constructed entirely of steel or aluminum, and all faces shall be constructed of fire-resistant materials and shall withstand a wind load pressure of 30 pounds per square foot per the American Society of Engineering.

(3) Illuminated signs. Any illuminated signs shall not interfere with surrounding properties or traffic.

(4) Prohibited mounting. No signs shall be painted on, attached to or affixed to any trees, rocks or other similar organic or inorganic natural matter, including utility poles or apparatus.

(5) Blanketing. Blanketing of signs shall not be allowed.

(6) Maintenance. All signs, including supports and attachments, shall be properly maintained and have an appearance that is neat and clean. All signs shall be kept in good structural condition, well painted and clean at all times, and the immediate premises shall be maintained in a clean, sanitary and inoffensive condition and kept free and clear of all obnoxious substances, rubbish and weeds.

(7) Annexed areas. All signs in newly annexed areas shall comply with this article within five years of annexation.

C. Search lights. The Village Board may permit the temporary use of a search light for advertising purposes in any district provided that the search light will not be located in any public right-of-way, will not be located closer than 10 feet to an adjacent property and will not cause a hazard to traffic or adjoining properties. Search light permits shall not be granted for a period of more than five days in any six-month period.

§ 195-42. Electronic message unit signs and portable signs.

A. Electronic message unit signs.

(1) Such signs may be used only to advertise activities conducted on the premises or to present public service information.^{^[6]}

(2) Segmented messages must be displayed for not less than 1/2 second and not more than 10 seconds.

(3) Traveling messages may travel no slower than 16 light columns per second and no faster than 32 columns per second.

B. Portable signs.

(1) Such signs shall be limited in use to 30 days at a time following approval by the Village, provided, however, that the Village shall not give approval for placement of a portable sign if it presents a vision obstruction, and it shall not be displayed more frequently than one time per year at any one location. No more than one sign per premises shall be permitted.

(2) The maximum size shall be 32 square feet on each face, back to back.

§ 195-43. Nonconforming signs.

A. Signs eligible for characterization as legal nonconforming. Any sign located within the Village of Holmen limits as of the date of adoption of this chapter hereafter which does not conform to the provisions of this article is eligible for characterization as a legal nonconforming sign and is permitted, providing it meets the following requirements:

(1) The sign was covered by a proper sign permit prior to the date of adoption of this article.

(2) If no permit was required under the applicable law for the sign in question and the sign was, in all respects, in compliance with applicable law on the date of adoption of this article.

B. Loss of legal nonconforming status.

(1) A sign loses its nonconforming status if one or more of the following occurs:

(a) If said sign is damaged by fire, flood, explosion, earthquake, war, riot or Act of God or structurally altered in any way, except for normal maintenance and repair. The sign may be reconstructed and used as before if it is reconstructed within three months after such calamity, unless the damaged to the sign is 50% or more of its replacement value, in which case the constructed sign shall comply with the provisions of this article.

(b) The sign is relocated.

(c) The sign fails to conform to the Village requirements regarding maintenance and repair, abandonment or dangerous or defective signs.

(2) On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this article with a new permit secured therefor or shall be removed.

C. Legal nonconforming sign maintenance and repair. Nothing in this article shall relieve the owner or user of a legal nonconforming sign or the owner of the property in which the sign is located from the provisions of this article regarding safety, maintenance and repair of signs.

§ 195-44. Awnings and canopies.

A. Permitted awnings. No awnings shall be erected or maintained, except such awnings as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:

(1) Support. Awnings shall be securely attached to and supported by the building and shall be without posts or columns beyond the setback line.

(2) Height. All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet above the level of the public sidewalk or public thoroughfare.

(3) Setback from curbline. No awning shall extend beyond a point four feet into the right-of-way.

(4) Advertising. No advertising shall be placed on any awning, except that the name of the establishment within the building to which the awning is attached may be painted or otherwise permanently placed.

(5) Awning insurance requirements. Every applicant for a permit for awning which will overhang the public street or sidewalk shall, before the permit is granted, file with the Village Administrator a liability insurance policy with minimum limits of $50,000 for personal injury to any person and $100,000 for property damage which shall indemnify and save harmless the Village of Holmen from any and all damages, judgments, costs or expense which the Village may incur or suffer by reason of the granting of said permit.

B. Permitted canopies. No canopies shall be erected or maintained, except such canopies as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:

(1) Support. The structural support of all canopies shall be designed by a licensed professional engineer and approved by the Village as in compliance with the building code of the Village. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in § 195-41 of this article. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.

(2) Height above sidewalk. All canopies shall be constructed and erected so that the lowest portion thereof shall not be less than eight feet above the level of the sidewalk or public thoroughfare.

(3) Setback from curb. No canopy shall extend beyond a point four feet from the face of a wall or building.

(4) Advertising. No advertising shall be placed on any canopy, except that the name of the establishment may be painted or placed in a space not exceeding 24 inches in average height on the front and side edges. Such name may be so painted or placed irrespective of any prohibition otherwise applicable hereunder.

(5) Canopy insurance requirements. Every applicant for a permit for a canopy which will overhang the public street or sidewalk shall, before the permit is granted, file with the Village Administrator a liability insurance policy with minimum limits of $50,000 for personal injury to any person and $100,000 for any one accident and $10,000 for property damage which shall indemnify and save harmless the Village of Holmen from any and all damages, judgments, costs or expense which said Village of Holmen may incur or suffer by reason of the granting of said permit.^{^[7]}

§ 195-45. Violations and penalties.

A. Any person, firm or corporation who or which begins, erects or completes the erection or construction of any sign controlled by this article prior to the granting of a permit shall pay a penalty of four times the amount of the permit otherwise required.

B. If the Village finds any sign regulated herein unsafe or insecure or a menace to the public, it shall give written notice to the sign owner and to the property owner.

C. If such sign owner fails to remove or alter the sign so as to comply with the standards herein set forth within five days after such notice, the Village Board may cause such sign to be removed or altered at the expense of the owner of the sign or the owner of the property upon which it is located so as to comply with the provisions of this article.

D. Any person, firm or corporation who or which violates any provision of this article shall be subject to the penalties prescribed in Article XIV. Each day, or portion thereof, that such violation continues is hereby deemed to constitute a separate offense.

ARTICLE XIII

Board of Appeals

§ 195-46. Establishment; membership; procedures.

A. A Board of Appeals is hereby established as specified by Wisconsin Statutes Sections 61.35 and 62.23(7)(e). The Board of Appeals shall consist of five members appointed by the Village President, subject to confirmation by the Village Board, for three years, except that of those appointed one shall serve for one year, two for two years and two for three years. The members shall serve without compensation and shall be removable by the President for cause upon written charges and after public hearing. The President shall designate one of the members Chairperson. The President shall appoint an alternate member for a term of three years, who shall act with full power only when a member of the Board of Appeals refuses to vote because of conflict of interest or when a member is absent.

(1) Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

(2) Not more than one member of Village Board may be a member of the Board of Appeals.

(3) The Board of Appeals may employ a secretary and other employees.

B. The Board of Appeals shall adopt rules for its government and procedure. Meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board of Appeals may determine. The Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

C. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Village Clerk and shall be a public record.

D. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Village of Holmen affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Appeals, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The Board of Appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof, as well as due notice to the parties of interest, and shall decide the same within 90 days of receiving a notice of appeal.^{^[8]}

§ 195-47. Powers and duties.

A. The Board of Appeals shall have the following powers:

(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector.

(2) To hear and decide special exceptions to the terms of this chapter upon which the Board of Appeals is required to pass.

(3) To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions peculiar to a specific lot or tract of land, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. In every case where a variance from these regulations has been granted by the Board of Appeals, the minutes of the Board shall affirmatively show that a practical difficulty or unnecessary hardship exists, and the records of the Board shall clearly show in what particular and specific respects a practical difficulty or an unnecessary hardship is created.

(4) To permit the erection and use of a building or premises in any location, subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter, for such public utility purposes which are reasonably necessary for public convenience and welfare.

B. The Board of Appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made and to that end shall have all the powers of the Building Inspector. The concurring vote of four members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter.^{^[9]}

C. In addition to the foregoing, the Board of Appeals shall have the following specific powers:

(1) To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the Zoning Map accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout on the aforesaid map.

(2) To call on any other Village department for assistance in the performance of its duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required.

D. Except as specifically provided, no action of the Board of Appeals shall have the effect of permitting in any district uses prohibited in such district.

E. In exercising the foregoing powers, the Board of Appeals may, in appropriate cases, establish suitable conditions and safeguards in harmony with the general purposes and intent of this chapter.

ARTICLE XIV

Enforcement and Penalties

§ 195-48. Building permits.

A. General permit requirements. No building of any kind shall be moved within or into the Village of Holmen and no new building or structure, or any part thereof, shall hereafter be erected or ground broken for the same or enlarged, altered, moved, demolished, razed or used within the Village of Holmen, except as herein provided, until a permit therefor shall first have been obtained by the owner or his authorized agent from the Zoning Officer or Building Inspector.^{^[10]}

B. Alterations and repairs. The following provisions shall apply to buildings altered or repaired:

(1) Alterations. When not in conflict with any regulations, alterations to any building or structure, or building component of system accommodating a legal occupancy or use but of substandard type of construction, which involves either the structural members of floors, roofs, beams, girders, columns, bearing or other walls, room arrangement, heating or air-conditioning systems, electrical systems, plumbing systems, light and ventilation systems, changes in location of exit stairways or exits or any or all of the above, then such existing construction shall be made to conform to the minimum requirements of this chapter applicable to such occupancy and use and given type of construction.

(2) Repairs. Repairs for purposes of maintenance, replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any existing stairways or exits, fire protection or exterior aesthetic appearance and which do not increase a given occupancy or use shall be deemed minor repairs.

(3) When alterations not permitted. When any existing building or structure, for any reason whatsoever, has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, as determined by the Assessor, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished and debris removed from the premises within 30 days of notice thereof.

(4) Alterations and repairs required. When any building or structure or building component thereof, whether existing or being constructed, has deteriorated from any cause whatsoever to less than its designed or safe performance level, the owner of such building or structure shall commence within 48 hours to cause such building or structure, or building component thereof, to be restored to its designed or safe performance level. Failure to restore shall cause the building or structure or building component thereof to be considered a menace to public safety and welfare and it shall be ordered vacated and disconnected from utilities, and thereafter no further occupancy or use shall be permitted. If the orders of the Building Inspector are not complied with after due notice and within 30 days, the Building Inspector shall proceed as required by this chapter to have such building or structure demolished.

(5) Use of unsanitary building. No person shall occupy or use, or permit to be occupied or used, any building or structure that is unsanitary, dilapidated, deteriorated or out of repair, thereby being unfit for human habitation, occupancy or use, until the regulations of this chapter are complied with.

(6) Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.

§ 195-49. Issuance of building permits.

A. New construction. Building permits for new construction shall be issued by the Building Inspector in not less than five nor more than 10 days after a completed building permit application has been submitted to the Building Inspector.

B. Structural additions and accessory buildings. Building permits for structural additions or accessory buildings shall be issued by the Building Inspector in not less than five days nor more than 10 days after a completed building permit application has been submitted to the Building Inspector.

C. Remodeling or demolition. Building permits for remodeling or demolition shall be issued by the Building Inspector in not less than five days nor more than 10 days after a completed building permit application has been submitted to the Building Inspector.

D. Permit expiration. The building permits shall expire within one year.

§ 195-50. Zoning Officer.

A. There is hereby created the office of Zoning Officer for the Village of Holmen as the administrative and enforcement officer for the provisions of this chapter.

B. The Village Board shall designate the Zoning Officer. For such duties, there may be provided the assistance of such additional persons as the Village Board may direct.

C. Duties. it shall be the duty of the Zoning Officer to administer, supervise and enforce the provisions of this chapter and to:

(1) Record all permits issued, inspections made, work approved and other official actions.

(2) Inspect all structures, lands and waters as often as is necessary to assure compliance with this chapter.

(3) Investigate all complaints made relating to the location of structures and the use of structures, lands and waters.

(4) Give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises.

(5) Report uncorrected violations to the Village Attorney and assist him in the prosecution of said violations.

(6) Prepare agendas for the Village Planning Commission and Board of Appeals, including processing of applications for action by those bodies.

D. Powers. The Zoning Officer shall have all the powers necessary to enforce the provisions of this chapter, including the following. The Zoning Officer shall:

(1) Issue zoning permits and occupancy certificates upon application for the erection or use of a structure, land, air or water where such erection or use complies with all of the provisions of this chapter.

(2) Permit temporary events for periods not to exceed 10 days for specific purposes, such as temporary carnivals, sports activities over public ways, church bazaars, charity fund raisers and revival meetings which are not detrimental to the public health, safety, morals, comfort, convenience or general welfare; provided, however, that said use or operation and any incidental temporary structures or tents are in conformance with all other ordinances and codes of the Village.

(3) Enter premises, public or private, at any reasonable time for any proper purpose to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Section 66.122 of the Wisconsin Statutes, except in case of emergency.^{^[11]}

(4) Revoke any zoning permit or occupancy certificate upon reasonable cause or question as to proper compliance and issue cease and desist orders requiring the cessation of any activity which is in violation of this chapter, such revocation to be effective until reinstated by the Zoning Officer or the Board of Appeals.

(5) Commence any legal proceedings in the name of the Village and with the authorization of the Village Board necessary to enforce the provisions of this chapter.

(6) Recommend to the Planning Commission any additional use regulations the Zoning Officer shall deem necessary to make the operation of this chapter more effective.

§ 195-51. Zoning permit and occupancy certificate.

A. Required. No new building and no existing building which is to be remodeled or relocated shall be issued a building permit until a zoning permit is issued certifying that such construction or change would comply with the provisions of this chapter, based upon the information and plans supplied to the Zoning Officer as required hereunder. Occupancy or use of land, water or buildings and structures shall be prohibited until an occupancy certificate has been issued certifying that all appropriate provisions of this chapter have been met.

B. Procedure. Applications for zoning permits and occupancy certificates shall be made to the Zoning Officer on forms furnished by the Zoning Officer prior to or at the same time as an application for a building permit or prior to the commencement of any use not involving a building permit and shall include the following where pertinent and necessary for proper review:

(1) A statement by the applicant as to the intended use of the premises and buildings thereon.

(2) An accurate map of the property drawn to a reasonable scale and properly dimensioned showing:

(a) The boundaries of the property involved and address, including subdivision lot and block number or metes and bounds description.

(b) The location of the center line of any abutting streets, existing highway access restrictions, proposed street access points and the locations of off-street parking, loading areas and driveways.

(c) The location on the lot of any existing buildings, proposed additions or proposed new buildings, including the measured distances between such buildings and from the lot lines and from the center of any abutting street to the nearest portion of such building.

(d) The proposed floor elevation of any proposed buildings in relation to the existing and/or established grade of any abutting streets and the general direction of surface drainage on the lot, including the defined location of any defined drainageway. Such elevation shall be referenced to mean sea level datum.

(e) The high water line of any stream or lake which abuts the property or otherwise directly affects it by flooding.

(f) The boundaries of soil types shown as existing on the property on USDA Soil Conservation Service maps where these are required by the Zoning Officer.^{^[12]}

(3) Water supply. Where the proposed use involves human occupancy and connection is not to be made to municipal water service, satisfactory evidence that a safe and adequate supply of pure water is to be provided and the location of any well for that purpose shown on the above map.

(4) Sewage service. Where the proposed use involves human occupancy and connection is not to be made to the municipal sewer system, satisfactory evidence from the County Sanitarian must be provided that an on-site system will be provided. Location of the proposed system must be shown on the map.

C. Permit issuance. Upon determination of compliance by the Zoning Officer of the applicant's request with all applicable provisions of this chapter, including where necessary approval by the Planning Commission of the building site, and upon payment of the proper fee, a zoning permit shall be issued. The applicant shall post such permit in a conspicuous place at the site.

D. Final inspection. Within 72 hours after the notification of the completion of the erection, alteration or relocation of the building, the Building Inspector shall make an inspection of the premises and any building thereon, and if the building and the intended use thereof and the proposed use of the premises comply with the requirements of this chapter an occupancy certificate shall be issued upon request.

E. Expiration. If within 12 months of the date of application for a zoning permit no occupancy certificate has been issued, any zoning permit related thereto shall lapse and the Zoning Officer shall make immediate investigation to ascertain that no use or occupancy has in fact commenced without proper authority. Upon showing of valid cause, the Zoning Officer may grant an extension of such permit for a period not to exceed six months.

F. Temporary occupancy certificate. Pending the issuance of a regular permit, a temporary permit for a nonresidential use may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.

§ 195-52. Fees. [Amended 5-9-2002 by Ord. No. 2.02]

A. Fees for building permits, demolition permits, occupancy certificates, conditional uses, zoning changes and amendments, variances or other requests before the Board of Appeals shall be required to defray the costs of administration, map preparation, inspection, public notices and recordkeeping. The Board shall establish a fee schedule by resolution, and the fee schedule shall be published and made available through the Zoning Officer and Building Inspector.

B. Double fees. A double fee may be charged by the Zoning Officer or Building Inspector if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

§ 195-53. Violations and penalties. [Amended 10-12-2000 by Ord. No. 1.00]

Any person, firm or corporation who or which violates, disobeys, neglects, omits or refuses to comply with or who or which resists the enforcement of any of the provisions of this chapter shall, upon conviction, forfeit not less than $10 nor more than $200 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail of La Crosse County until said forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense. Notwithstanding such forfeiture or imprisonment, action may be brought to enjoin, remove or vacate any use, erection, moving or alteration of any building or use in violation of this chapter.

ARTICLE XV

Performance Standards

§ 195-54. Purpose; compliance required.

This chapter permits specific uses in specified districts, and these performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. No structure, land or water shall hereafter be used except in compliance with the district regulations and with the following performance standards.

§ 195-55. Noise.

The volume of sound inherently and recurrently generated shall not exceed the following standards at any point along the boundaries of the zone in which the use is located:

A. Objectionable sounds of an intermittent nature shall be controlled so as not to become a nuisance to adjacent uses.

B. Maximum sound-pressure levels shall be measured with a sound-level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association and shall not exceed the values for octave bands lying within the several frequency limits given in the following table after the application of appropriate corrections.

	B-1 and B-2 Districts
	Frequency Ranges Containing Standard Octave Bands in Cycles Per Second	Octave Band Sound-Pressure Level in Decibels
	0 to 74	72
	75 to 149	67
	150 to 299	59
	300 to 599	52
	600 to 1,199	46
	1,200 to 2,399	40
	2,400 to 4,800	34
	Above 4,800	32

	Type of Operation or Noise	Correction in Decibels
	Daytime operation only	+5
	Noise of impulsive character (e.g. hammering)	-5
	Noise of periodic character (e.g. hum or screech)	-5

	Manufacturing District
	Frequency Ranges Containing Standard Octave Bands in Cycles Per Second	Octave Band Sounds-Pressure Level in Decibels
	0 to 74	79
	75 to 149	64
	150 to 299	66
	300 to 599	59
	600 to 1,199	53
	1,200 to 2,399	47
	2,400 to 4,800	41
	Above 4,800	39

	Type of Operation or Noise	Correction in Decibels
	Daytime operation only	+5
	Noise of impulsive character (e.g. hammering)	-5
	Noise of periodic character (e.g. hum or screech)	-5

§ 195-56. Vibration.

An operation which creates vibrations that can be measured without instruments, e.g. heavy drop forges or heavy hydraulic surges, shall be set back:

A. In all B Districts, a distance of not less than 500 feet from all lot lines, except where a lot line abuts an M District, in which case no setback is required.

B. In an M District, a distance of not less than 500 feet from the district boundaries.

§ 195-57. 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, or any subsequent revisions or amendments.

§ 195-58. Odor. ^{^[13]}

In all B and M Districts, no emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.

§ 195-59. 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 or business, shall be permitted.

§ 195-60. Glare.

No direct or reflected glare from any M District shall be detectable from any R District boundary.

§ 195-61. Heat.

No direct or reflected heat from any M District shall be detectable from any R or B District boundaries.

§ 195-62. Dust.

No solid or liquid particles shall be emitted in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.

§ 195-63. Fly ash.

A. No emission of fly ash in excess of the quantity specified in the following table shall be permitted:

	Heat in Fuel Burned (British) thermal (units 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

B. For heat content between any two consecutive heat contents given in the table, the fly ash limitation shall be as determined by interpolation.

§ 195-64. Smoke.

No emission of smoke from any source, as measured on the Ringelmann Chart published by the United States Bureau of Mines, shall be permitted in excess of:

A. In all B Districts, a density described as Ringelmann No. 2, provided that a density equal to Ringelmann No. 3 may be emitted for not more than three minutes in any 15 consecutive minutes.

B. In the M District, a density described as Ringelmann No. 3.

[1]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[4]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[5]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[6]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[7]. Editor's Note: Original Sec. 12, Subsection 13, Abandoned billboards and signs, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[8]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[9]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[10]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[11]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[12]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[13]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).