Ordinances & Resolutions

CHAPTER 14 – BUILDING CODE

Village of Random Lake Ordinance
CHAPTER 14 – BUILDING CODE

14.01 TITLE

This chapter shall be known as the “Building Code of the Village of Random Lake, Wisconsin” and shall be referred to in this chapter as “this code.”

14.02 PURPOSE

This code provides certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings or structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished, and regu­lates the equipment, maintenance, use and occupancy of all such buildings and/or structures. Its purpose is to protect and foster the health, safety, and well being of persons occupying or using such buildings, and the general public.

14.03 SCOPE

New buildings hereafter erected in, or any building hereafter moved within or into, the Village shall conform to all the requirements of this code except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, heating, plumbing or ven­tilating equipment which affects the health or safety of the users thereof or any other persons is a “new building” to the extent of such change. Any existing building shall be considered a “new building” for the purposes of this code whenever it is used for dwelling, commercial or industrial purposes unless it was being used for such purpose at the time this code was enacted. The pro­visions of this code supplement the laws of the State of Wisconsin pertaining to construction and use and the Zoning Code of the Village and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and the Zoning Code.

14.04 STATE CODES ADOPTED

(1) WISCONSIN ADMINISTRATIVE BUILDING AND HEATING, VENTILATING AND AIR CONDITIONING CODE. The Wisconsin Administrative Building and Heating, Ventilating and Air Conditioning Code COMM Chs. 50 through 65, the Flammable Liquids Code COMM Ch. 8, and all amendments thereto are hereby made a part of this chapter by reference with respect to those classes of buildings to which such provisions apply.

(2) WISCONSIN UNIFORM DWELLING CODE. The Wisconsin Uniform Dwelling Code, Wis. Adm. Code COMM Chs. 20 through 25 and all amendments thereto are hereby made a part of this chapter by ref­erence and shall apply to all new and existing one- and 2-family dwellings and all alterations and additions thereto. A copy of said code is on file in the office of the Clerk-Treasurer.

14.05 BUILDING INSPECTOR

(1) APPOINTMENT. See sec. 1.02 of this Code.

(2) QUALIFICATIONS:

  • (a) The Building Inspector shall have the necessary qualifications required by the State of Wisconsin to determine compliance with applicable State and local building codes relating to the construction of buildings.
  • (b) The Building Inspector shall be certified by the Wisconsin Department of Commerce to administer and enforce all the provisions of the Wisconsin Uniform Dwelling Code.
  • (c) During temporary absence or disability of the Building Inspector, the Village Board shall designate an acting Building Inspector.

(3) GENERAL POWERS AND DUTIES. The Building Inspector shall enforce the provisions of this chapter and of all other ordinances and the laws and orders of the State of Wisconsin which relate to building construction, plumbing and electrical installations and for these purposes may at all reasonable times enter buildings and premises. He may pass upon any questions arising under the provi­sions of this chapter relating to buildings, subject to conditions contained in this chapter. No person shall interfere with the Inspector while in the performance of the duties prescribed in this chapter.

(4) RECORDS. The Building Inspector shall keep a record of all applications for building permits in a book and regularly num­ber each permit in the order of issuance. He shall keep a record showing the number, description and size of all buildings erected during his term of office, indicating the kind of materials used, the cost of each building and the aggregate cost of all buildings of the various classes. He shall keep a record of all inspections made and of all removal and condemnation of buildings. He shall make a report to the Village Board upon request.

(5) APPEALS. Any person feeling himself aggrieved by any order or ruling of the Building Inspector may, within 20 days thereafter, appeal from such order or ruling to the Board of zon­ing Appeals, such appeal to be in writing.

14.06 BUILDING PERMITS AND INSPECTION

(1) PERMIT REQUIRED. No building of any kind shall be moved within or into the Village 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 or used within the Village, except as herein provided, until a permit therefore shall first have been obtained by the owner, or his authorized agent, from the Building Inspector.

(2) APPLICATION. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector, which may be obtained at the office of the Clerk-Treasurer, and shall state the name and address of the owner of the land and also the owner of the building if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which said building is to be put, and such other information as the Building Inspector may require.

(3) UTILITIES REQUIRED. No occupancy permit shall be issued for the construction of any residential building until sewer is installed and grading and graveling of the street necessary to

service the property for which the permit is required is completed. See ch. 17 of this Code.

(4) PLANS. With each application there shall be submitted 2 complete sets of plans and specifications, including 2 plot plans showing the location of the proposed buildings with respect

to lot lines. Plans for public, commercial and industrial build­ings involving the State Building Code shall bear the stamp of approval of the State Department of Commerce, if necessary. One plan shall be submitted which shall remain on file in the office of the-Building Inspector. All plans and specifications shall be signed by the designer. Plans for all new one- and 2-family dwellings shall comply with the provisions of Wis. Adm. Code COMM 20.09(4).

(5) PLOT PLAN REQUIRED (Am. Ord. #7-96). Two plot plans prepared by a registered land surveyor shall be submitted to the Building Inspector showing the- location, boundaries, dimensions, elevations, uses and size of the following:

  • (a) The subject site.
  • (b) The existing and proposed structures.
  • (c) The existing and proposed easements, streets and other public ways.
  • (d) Off-street parking, loading areas and driveways. (e) The existing highway access restrictions.
  • (f) The existing and proposed street, side and rear yards.

In addition, the plot plan shall show the location, elevation and use of any abutting lands and their structures within 60 feet of the subject site. The Building Inspector may waive any portion or all of the requirements of this subsection. In addition, the Build­ing Inspector may require the property owner to retain a registered land surveyor to recertify the plot plan, prior to pouring of footings, whenever he deems it necessary due to the close proximity of the proposed structure to the lot lines.

(6) APPROVAL OF PLANS. (Am. Ord. #2-04) If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Village and all applicable laws and orders of the State of Wisconsin, he shall issue a building permit after the Architectural Review Board has accepted the plans which shall state the use to which said building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above mentioned ordinances, laws or orders, or which involves the safety of the building or the occupants, except with the submittal and approval of revised plans. In case adequate plans are presented for part of the building only, the Building Inspector, at his discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building. The finished grade adjacent to all new construction shall be at least one foot above the finished or proposed grade of the centerline of the adjacent street or the average from the 2 existing buildings on each side.  See also Sec. 17.201 of this code.

(7) WAIVER OF PLANS. If the Building Inspector finds that the character of the work is sufficiently described in the appli­cation, he may waive the filing of plans for alterations, repairs or moving.

(8) GRANT OR DENIAL OF PERMIT. After the receipt of an application, plans and fees required by this section, the Building Inspector shall grant or deny the application within 10 business days.

(9) REPAIRS AND ALTERATIONS. A building permit shall be required for repairs or alterations which change the occupancy area, structural strength, fire protection or exits of the building.

(10) INSPECTION OF WORK. The permittee or an authorized rep­resentative shall, in writing or orally, request inspections by the Building Inspector at appropriate times required for the enforcement of this code. The Building Inspector shall perform the requested inspection within 48 hours after notification, except the final inspection. Construction may not proceed beyond the point of inspection until the inspection has been completed, except if inspection has not taken place within 48 hours of noti­fication, excluding Saturdays, Sundays and holidays, unless other­wise agreed upon between the permittee and the Building Inspector.

(11) PERMIT LAPSES. A building permit shall lapse on December 31 unless the time is extended by the Building Inspector.

(12) REVOCATION. If the Building, Plumbing or Electrical Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with, and that the holder of the permit refused to conform after written warning or instruction has been issued to him, he shall revoke the building, electrical or plumbing permit by written notice posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work thereunder until the per­mit is reissued, except such work as the Building, Electrical or

Plumbing Inspector may order to be done as a condition precedent to the reissuance of the permit or as he may require for the pres­ervation of human life and safety.

(13) REPORT OF VIOLATIONS. The police or other Village employees shall report at once to the Building Inspector any con­struction which is being carried on without a permit as required by this chapter.

14.07 EROSION CONTROL

See sec. 17.18 of this Code.

14.08 PERMIT FEES (Am. Ord. #5-95; Am. Ord. #7-00)

PERMIT REQUIRED FEES

(1) ONE- AND 2-FAMILY RESIDENTIAL:

  • (a) House $.18/sq. ft.
  • (b) Garage $.12/sq. ft.
  • $30 minimum
  • (c) Plan review (house and garage) $.03/sq. ft
  • (d) Occupancy permit (house and garage) $.02/sq. ft.
  • (e) State stamp $30
  • (f) Decks and porches $.10/sq. ft.
  • (requires zoning permit) $30 minimum
  • (g) Swimming pool (above ground) $20
  • (requires zoning and electrical permits)
  • (h) Swimming Pool (in ground) $45
  • (requires zoning and electrical permits)
  • (i) Fence (requires zoning permit) $25
  • (j) Reroof $30
  • (k) Accessory building $.10/sq. ft. $15 minimum
  • (l) Erosion control plan review $50
  • (m) Erosion control inspection $25
  • (n) Reinspection fee $25
  • (o) Additional inspection, call backs, erosion $25
  • (p) Minimum single permit $30
  • (q) Zoning permit for new construction, $25
  • additions, fences, pools, detached garages,
  • decks and porches, signs, storage sheds
  • (r) Sewer connection fee See ch. 13 of this Code
  • (s) Remodeling (includes plan review) $.11/sq. ft.
  • (t) Residential additions $.18/sq. ft. $30 minimum

(2) COMMERCIAL AND INDUSTRIAL

  • (a) Construction and HVAC fees 75% of the most recent State fee schedule contained in Wis. Adm. Code COMM 69.09
  • (b) Plumbing fees 75% of the most recent State fee schedule contained in Wis. Adm. Code COMM 69.23
  • (c) Electrical fees:
    • 1. Service and feeder panels $10
    • 2. New circuits $1.00/circuit
    • 3. Alterations to $.20/opening (outlets, existing circuits switches, lights)
    • 4. Minimum fee $30
  • (d) Building and HVAC column See fee schedule
  • combined contained in Wis. Adm. Code COMM 69.09 and 69.23
  • (e) Fence $25
  • (f) Accessory building $.10/sq. ft. $15 minimum
  • (g) Reroof $30
  • (h) Erosion control, plan review $50 (i) Erosion control inspection $25
  • (j) Additional inspection, call $25 backs, erosion
  • (k) Zoning permit for new $25 construction, additions,
  • fences, accessory buildings
  • (l) Reinspection fee $20
  • (m) Sewer connection fee See schedule in ch. 13 of this Code.

(3) ELECTRICAL PERMITS:

  • (a) Electric service $30
  • (b) Temporary electric service $30
  • (c) Electrical (house and garage) $.03/sq. ft. (d) Automatic central heating and $5 each cooling devices
  • (e) Air conditioners, 3 tons or $5 each smaller in size
  • (f) Air conditioners, over 3 tons $2/ton (g) Swimming pool wiring (above $20 ground pool)
  • (h) Swimming pool wiring $35 (in ground pool)
  • (i) Minimum charge for any one $20 permit
  • (j) Reinspection $25 each

(4) HVAC PERMITS:

  • (a) House $.02/sq. ft.
  • (b) Air conditioning (house) $.02/sq. ft.
  • (c) Natural gas service permit $25
  • (d) Minimum permit fee $30
  • (e) Incinerator unit $20 each (f) Heating, radiant heating unit $15 each

(5) PLUMBING PERMITS:

  • (a) Drain or water connections consisting of:
    • 1. Water closets $5
    • 2. Bath tubs $5
    • 3. Wash basins $5
    • 4. Kitchen sinks $5
    • 5. Laundry tubs $5
    • 6. Floor drains $5
    • 7. Urinals $5
    • 8. Shower stalls $5
    • 9. Bubblers $5
    • 10. Bar waste $5
    • 11. Hose bibbs $5
    • 12. Dishwasher $5
    • 13. Disposal $5
    • 14. Water heaters $5
    • 15. Sump pumps $5
    • 16. Water softeners $5
    • 17. Sanitary pits $5
    • 18. Water purifiers $5
  • (b) Plan review fee $15
  • (c) Inside sewer, first 100 ft. $20
  • (d) Outside sewer, first 100 ft. $40
  • (e) Water tap or sewer connection $25 in roadway
  • (f) Reinspection charge $25
  • (g) Minimum permit $30

NOTE: Upon failure to obtain a permit before work on a building has been started, except in emergency cases, the total fee shall be doubled.

14.09 SMOKE DETECTORS REQUIRED

(1) DEFINITIONS. (a) Smoke Detectors.A device which detects particles or products of combustion other than heat.

2. The owner is responsible to notify the tenant of the tenant’s responsibility to replace batteries. Upon original occupancy or reoccupancy, the owner must notify the ten­ant in writing that the smoke detector in individual units are operable and make the tenant aware of the manufacturer’s recommen­dation for testing. The tenant must acknowledge this written notification by written signature.

3. When 2-family units have a single stairway for entry to the upper unit, but have a second means of escape such as a doorway to a porch or jump platform, an interconnected system will not be required. The second means of escape shall be far enough removed from the main entry to be practical.

4. The tenant is responsible for testing of smoke detector according to manufacturer’s recommendations. Periodic battery replacement is the responsibility of the tenant. If the tenant finds through testing that a defect exists, he shall notify the owner immediately and the owner shall correct the defect. The owner shall have 72 hours from receipt of written notice from the tenant to repair or replace the smoke detector.

(b) Special Installations.1. In addition to the pro­visions of sub. (2) above, in buildings defined in sub. (2) where a common hallway is used, smoke detectors shall be spaced not more than 30 feet apart in such hallways in addition to basement and stairway installation pursuant to par. (a) above. Hallway, stair­way and basement detectors shall be installed as part of an inter­connected system.

2. In occupancies set forth in sub. (2) above where the basement is served by 2 or more required standard exits, the area between the exits shall be considered as a common hallway and shall meet requirements of spacing as described in subpar. 1. above.

3. If the owner of any building described in sub. (2) above has improperly installed smoke detectors, he shall be allowed a 5-day period from date of receipt of written orders in which to comply.

(4) APPROVAL. A smoke detector required under this section shall be approved by Underwriters Laboratory or other comparable testing firm.

(5) EQUIPMENT, INSTALLATION AND MAINTENANCE. Ionization type or photoelectric type detectors may be used. AC or DC power may be used. If AC powered, detectors must be directly attached to a junction box not controlled by any switch other than the main power supply. The installation of AC powered detectors shall con­form to all electrical standards adopted by the Village. A smoke detector required under this section shall be installed according

to the directions and specifications of the manufacturer, but if in conflict with the Village’s Electrical Code, the Electrical Code shall take precedence.

(6) DEPARTMENT INSPECTION AND ORDERS. The Fire Inspector may inspect all residential buildings and may issue orders as may be necessary to ensure compliance with this section. The Fire Inspector may be contacted for recommendations when an owner is concerned about installation and number of detectors. Inspection of hallway, stairway and basement detectors shall be routine in buildings inspected by the Fire Inspector. Inspection of new con­struction shall be carried out by the Building Inspector on his final inspection.

(7) TAMPERING PROHIBITED. (a) No person shall tamper with a smoke detector or its electrical supply or remove or disconnect the battery in a detector.

(b) If the Fire Department responds to a smoke detector alarm and no cause for the system or detector to be activated is found, the possibility exists that batteries shall be removed or other measures taken to silence the detector or system. Such action shall in no way place liability on the Fire Department. The owner or manager of the building shall be notified immediately by the officer in command concerning the condition and he shall have the system or detector operable within 72 hours thereafter.

(8) PENALTY. Any violation of or noncompliance with any of the provisions of this section shall subject the violator to a forfeiture of not less than $50 nor more than $250, together with the costs of prosecution and, in default of payment thereof, to imprisonment in the County Jail until such forfeiture and costs are paid, but not to exceed 15 days. Each day of violation or noncompliance shall constitute a separate offense.

14.10 RESIDENTIAL GARAGES

(Am. Ord. #2-04) Residential attached garages shall be built in accordance with the general construction stand­ards established in the Wisconsin Uniform Dwelling Code. Residen­tial garages shall be located in accordance with ch. 17 of this Code and not less than 10 feet from any other building on the same premises when not a part of the building. Whenever a garage is constructed as part of any building, the ceiling and the walls or wall separating the garage from other portions of the building shall be of not less than one-hour fire-resistive construction as specified in Wis. Adm. Code COMM 21.08.  See also chapter 17 of this code for Lot, Yard, and Building Requirements.

14.11 FENCES AND WALLS

(Am. Ord. #2-04) See Sec. 17.041 of this code.

14.12 NEW METHODS AND MATERIALS

All materials, methods of construction and devices designed for use in buildings or struc­tures covered by this code and not specifically mentioned in or permitted by this code shall not be so used until approved in writing by the State Department of Commerce. Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer’s specifications and any rules or conditions of use established by the State Department of Commerce. The date, tests and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Commerce.

14.13 UNSAFE BUILDINGS

Whenever the Building Inspector finds any building or part thereof within the Village to be, in his judgment, so old, dilapidated or so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habita­tion, occupancy or use, and so that it would be unreasonable to repair the same, he shall order the owner to raze and remove it at the owner’s expense. Such order and proceedings shall be carried out in the manner prescribed for the razing of buildings in §66.0314, Wis. Stats. Where the public safety requires immediate action, the Building Inspector shall enter upon the premises with such assistance as may be necessary, and cause the building or structure to be made safe or to be removed, and the expenses of such work may be recovered by the Village in an action against the owner or tenant.

14.14 MOVING BUILDINGS

See ch. 8 of this Code.

14.15 NON-ASSUMPTION OF LIABILITY

This chapter shall not be considered as assuming any liability on the part of the Village or any official or employee thereof for damages to anyone injured or for any property destroyed by any defect in any building or equipment, or in any plumbing or electric wiring or equipment.

14.20 PENALTIES AND VIOLATIONS

Any building or structure hereafter erected, enlarged, altered, repaired or moved, or any use hereafter established, in violation of the provisions of this chapter, shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Village Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such build­ing or structure or the establishment of such use, or to cause such building, structure or use to be removed and may also be sub­ject to a penalty as provided in sec. 25.04 of this Code. Each day a violation continues may be deemed a separate offense. In any such action, the fact that a permit was issued shall not con­stitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.

CHAPTER 17 – ZONING CODE (Recodified Ord. #1-04)

Village of Random Lake Ordinance
CHAPTER 17 ZONING CODE
(Recodified Ord. #1-04)

17.01 INTRODUCTION

(1)  AUTHORITY.  These regulations are adopted under the authority granted by § 62.23(7), Wis. Stats.

(2)SHORT TITLE.  This chapter shall be known as, referred to or cited as the “Zoning Code, Village of Random Lake, Wisconsin.”

(3)PURPOSE.  The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics and general welfare of the Village.

(4)INTENT.  It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters; regulate and restrict lot coverage, population distribution and density, 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, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the Village; and implement the Village comprehensive plan or plan components.  It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(5)ABROGATION AND GREATER RESTRICTIONS.  It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law.  However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(6)INTERPRETATION.  In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and 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.

17.02 DEFINITIONS

For the purpose of this chapter, the following definitions shall be used:

(1)ABUTTING.  Having a common property line or district line.

(2)ACCESSORY BUILDING.  A building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises.  When an accessory building is a part of the main building or is substantially attached thereto, the side yard and rear yard requirements of the main building shall be applied to the accessory building.

(3)ALLEY.  A street or thoroughfare less than 21 feet and affording only secondary access to abutting property.

(4)APARTMENT.  A portion of a multiple dwelling used as a separate housing unit and having cooking facilities and a private bath.

(5)APARTMENT HOUSE.  See DWELLING, MULTI?]FAMILY.

(6)BASEMENT.  A story, as defined in sub. (43) below, partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.

(7)BILLBOARD.  An advertising device, either freestanding or attached to a building, which is used to display information not related to the use or ownership of the establishment on the property upon which it is located.

(8)BOARDING HOUSE.  A building other than a hotel where lodging and meals are furnished for compensation for 3 or more persons not members of a family.

(9)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.

(10)BUILDING, ALTERATIONS OF.  See STRUCTURAL ALTERATIONS.

(11)BUILDING AREA.  The total living area bounded by the exterior walls of a building at the floor level, but not including a basement not qualified for living area under the State Building Code, a garage, an unfinished and unheated porch and an attic.

(12)BUILDING, HEIGHT OF.  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.

(13)CERTIFICATE OF OCCUPANCY.  A written statement issued by the Building Inspector which permits the use of a building or lot or a portion of a building or lot and which certifies compliance with the provisions of this chapter for the specified use and occupancy.

  • CONDITIONAL USE.  A use of a special nature so as to make impractical its predetermination as a principal use within a district.
  • CONDOMINIUM.  The ownership of single units in a multi-unit structure or of single units on a tract with more than one such unit where the land or other common areas and facilities are owned jointly.

(16)DWELLING.  (a)  One Family.  A detached building designed for or occupied exclusively by one family.

(b)Two?]Family.  A detached or semi?]detached building designed for and occupied exclusively by two families.

(c)Multi?]Family.  A building or portion thereof designed for and occupied by more than two families, including tenement houses, row houses, apartment houses and apartment hotels.

(17)DWELLING UNIT.  A separate housekeeping unit, designed and used for occupancy by a single family.

(18)FAMILY.  Any number of persons related by blood, adoption or marriage, or not to exceed four persons not so related, living together in one dwelling as a single housekeeping entity.

(19)FARM.  Land consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off?]premises consumption or use.

(20)FLOOR AREA.  (a)  For residential uses, the gross horizontal area of the floor of a dwelling unit, exclusive of unfinished and unheated porches, balconies, garages and basements qualified for living area under the State Building Code, measured from the exterior faces of the exterior walls or from the center lines of walls or partitions separating dwelling units.

(b)For uses other than residential, the area measured from the exterior faces of the exterior walls, or from the center line of walls or partitions separating such uses, including all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.

(21)FRONTAGE.  All the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

(22)GARAGE.  (a)  Private.  An accessory building or space for the storage only of not more than two motor?]driven vehicles per dwelling.

(b)Public.  Any building or premises, other than a private or a storage garage, where motor?]driven vehicles are equipped, repaired, serviced, hired, sold or stored.

(c)Storage.  Any building or premises used for the storage only of motor?]driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold.  No commercial motor vehicle exceeding two tons capacity shall be stored in any storage garage.

(23)HOME OCCUPATION.  A gainful occupation conducted by members of the family only within their place of residence; provided that no article is sold or offered for sale on the premises except such as is produced by such occupations, that no stock in trade is kept or sold, that no mechanical equipment is used other than such as is permissible for purely domestic purposes, that no sign other than one unlighted name plate not more than one foot square is installed and that no person other than a member of the immediate family living on the premises is employed.  Outdoor storage of raw materials or finished products is not allowed.

(24)HOTEL, MOTEL.  A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

(25)LOT.  A parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory building, together with the open spaces required by this chapter and abutting on a public street or officially approved place.

(26)LOT, CORNER.  A lot abutting on 2 or more dedicated and accepted streets at their intersections, provided that the interior angle of such intersection is less than 135º.

(27)LOT DEPTH.  The mean horizontal distance between the front and rear lot lines.

(28)LOT, INTERIOR.  A lot other than a corner lot.

(29)LOT LINES.  The lines bounding a lot as defined herein.

(30)LOT, THROUGH.  An interior lot having frontage on two nonintersecting streets.

(31)MOBILE HOME.  A nonself?]propelled one?]family dwelling unit of vehicular design, built on a chassis and originally designed to be moved from one site to another, whether or not the same is placed on a permanent foundation.

(32)MOBILE HOME PARK.  Any lot on which two or more mobile homes are parked for the purpose of temporary or permanent habitation.

(33)MOTEL.  See HOTEL.

(34)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 any amendments thereto.

(35)NURSERY.  Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.

(36)NURSING HOME.  Any building used for the continuous care, on commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.

(37)PARKING STALL.  An off?]street space, available for the parking of a motor vehicle and which, in this chapter, is held to be an area 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

(38)PROFESSIONAL HOME OFFICE.  The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other recognized profession.  When established in an R?]1 District, a professional office shall be incidental to the residential occupation and not more than 25% of the floor area of only one story of a dwelling unit shall be occupied by such office.  Only one person may be employed who is not a resident of the home.

(39)RAILROAD RIGHT OF WAY.  A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

(40)SETBACK.  The minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, excluding uncovered steps.

(41)SHOPPING CENTER.  A group of stores, planned and designed for the site on which it is built, functioning as a unit with off?]street parking provided on the property as an integral part of the unit.

(42)SIGN.  Any words, letters, figures, numerals, phrases, sentences, emblems, devices or designs visible from a public street or highway which convey information regarding the use or ownership of the establishment on the same property upon which it is located, as distinguished from a billboard.

(43)STREET.  All property dedicated for public street purposes.

(44)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 be 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.

(45)STREET LINE.  A dividing line between a lot, tract or parcel of land and an abutting street right of way.

(46)STRUCTURE.  Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground. (i.e. gazebo, playhouse, garden shed or any other similar structure.

(47)STRUCTURAL ALTERATIONS.  Any change in the supporting members of a building or any change in the roof structure or in the exterior walls.

(48)TEMPORARY STRUCTURE.  A movable structure which does not require a permanent location on the ground and which is not attached to something having a permanent location on the ground.

(49)USE.  The use of a property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

(50)USE, ACCESSORY.  A use subordinate in nature, extent or purpose to the principal use of a building or lot and which is also an approved use if so stated in this chapter.

(51)USE, CONDITIONAL.  See CONDITIONAL USE.

(52)USE, PERMITTED.  A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards, if any, of such districts.

(53)USE, PRINCIPAL.  The main use of land or building as distinguished from a subordinate or accessory use.  A principal use may be permitted or conditional.

(54)UTILITIES.  Public and private facilities such as water wells, water and sewer pumping stations, water storage tanks, electric transmission towers, electric lines, electric transmission substations, gas transmission regulation stations, telephone and telegraph exchanges, microwave relay structures, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.

(55)VISION CLEARANCE.  An unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.  (See sec. 17.03 of this chapter.)

(56)YARD.  An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

(a)Front Yard or Setback.  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.

(b)Rear Yard.  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.

(c)Side Yard.  A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.  See also secs. 17.03(5) and 17.04(3) of this chapter.

(57)ZONING DISTRICT.  An area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of building and premises are uniform.

(58) ZONING PERMIT.  A permit stating that the placement of and the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is to be located.

17.03 GENERAL PROVISIONS

(1)  COMPLIANCE.  No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this chapter and all other applicable Village, County and State regulations.

(2)USE RESTRICTIONS.  The following use restrictions and regulations shall apply:

(a)Principal Uses.  Only those principal uses specified for a district, their essential services and the following shall be permitted in that district.

1.Accessory Uses.  Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction.  Residential accessory uses shall not involve the conduct of any business, trade or industry.  Accessory uses include incidental repairs; storage; parking facilities; gardening; servant’s and watchman’s quarters not for rent; private swimming pools; and private emergency shelters.  Accessory buildings shall not occupy more than 30% of the required area for the rear yard. See also Sec. 17.201 (2)(e) of this chapter.

2.Unclassified or Unspecified Uses.  Unclassified or unspecified uses may be permitted by the Village Board after the Plan Commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

3.Temporary Uses.  Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Village Board.

(b)Performance Standards.  Performance standards listed in sec. 17.18 of this chapter shall be complied with by all uses in all districts.

(3)YARD REDUCTION OR JOINT USE.  (a)  No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.

(b)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.

(c)No lot in the Village which contains a building shall hereafter be reduced by any type of conveyance to an area less than would be required for the construction of such building on such lot.

(4)LOT OCCUPANCY.  Every building hereafter erected, converted, enlarged or structurally altered shall be located on a platted lot and in no case shall there be more than one principal building on one platted lot unless approved by the Village Board.

(5)YARDS ABUTTING DISTRICT BOUNDARIES.  Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the 2 districts which abut the district boundary line.

(6)STORAGE LIMITATION.  No required side yard or front yard in the commercial or industrial districts shall be used for storage or the conduct of business.

(7)VISION CLEARANCE.  No obstructions such as structures, parking or vegetation shall be permitted in any district other than the C?]1 District between the height of 2?]1/2 and 10 feet above a plane through the mean curb grades within the triangular space formed by any 2 existing or proposed intersecting street or alley right of way lines and a line joining points on such lines, located a minimum of 35 feet from their intersection.  Official signs, utility poles, and tree trunks may be permitted within each segment of an intersection traffic visibility area.

(8)PERFORMANCE STANDARD.  See sec. 17.20 of this chapter.

  • PARKING AND LOADING RESTRICTIONS.  See sec. 17.19 of this chapter.

17.031 SINGLE-FAMILY DWELLING STANDARDS (Cr.Ord. #8-01)

No single-family dwelling, including dwellings, constructed on the building site, manufactured dwellings and manufactured homes, shall be erected or installed in any zoning district except the MHP District unless such dwelling meets all of the following standards:

  • The dwelling shall be set on a full basement or other permanent enclosed structure in accordance with the State Uniform Dwelling Code.
  • The dwelling shall have a minimum width of 24 feet and core area of living space at least 24 feet by 24 feet.
  • The dwelling shall have a pitched roof with a minimum slope of 3 inches of rise in 12 inches of run, and eaves extending beyond the nearest vertical wall a minimum of 12 inches.  The roofing shall be asphalt shingles or comparable roofing.

(4) In addition each dwelling is required to select  features from the following list:

  • Offset or stagger the front wall plane by at least two feet.  This does not include the garage wall or a recessed entry.
  • Garage offset at least 2’ behind front wall of dwelling
  • Side loading garages that are at least 45o offset from front wall of living quarters with windows compatible to front elevation of house.
  • Covered front entry/porch 5’ x 12’ or larger with architectural treatments, i.e.; railings, posts etc.
  • Main roofline to be at least 5:12 pitch
  • Roof dormers on 5:12 or greater, pitched roof.
  • 1- 1/2 –story dwelling with dormers.
  • 2’ overhang at ends of rafters/trusses and 1’ overhang on gables.
  • Minimum of 3 – 1/2” trim around all doors and windows.
  • Heavy textured dimensional roofing material
  • Natural products or masonry products on at least 25% of the walls and recessed areas of the front elevation.
  • From of dwelling not including garage must include 25% glass

17.04 HEIGHT AND AREA EXCEPTIONS

The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:

(1)CHIMNEYS, TOWERS, LOFTS, ETC.  Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, windmills, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts or aerials and necessary mechanical appurtenances exceeding the height regulations of this chapter may be permitted as conditional uses by the Plan Commission.

(2)STREET YARD MODIFICATIONS.  The yard requirements stipulated elsewhere in this chapter may be modified as follows:

(a)Uncovered Stair Restrictions.  Uncovered stairs, landings and fire escapes may project into any yard, but not to exceed 6 feet and be not closer than 3 feet to any lot line.

(b)Cul?]de?]Sac and Curve Restrictions.  Residential lot frontage on cul?]de?]sacs and curves and for single?]family residences in the R?]1 District may be less than 100 feet provided the width at the building setback line is at least 100 feet and the street frontage is not less than 45 feet.  Residential lot frontage on cul?]de?]sacs and curves for 2?]family and multi?]family residences in R?]2 and R-3 Districts may be less than 100 feet provided the width at the building setback line is at least 100 feet and the street frontage is not less than 55 feet.

(c)Residential Fence Restrictions.  Residential fences (in R-1 through R-6 Districts) are permitted only on the rear and side yards in the residential districts.  On the side yards, the fence shall not project into the principal building required setback distance and shall be in compliance with required vision clearance.  On corner lots, both yards fronting public roadways shall be considered front yards, and any fences constructed shall not extend past the corners of the dwelling.  Fences shall not be constructed of woven wire, barb wire or chain link material.  For property abutting Random Lake, no fence shall be erected within 25 feet of the meander line.  A building permit is required for the construction of all fences; See also section 17.041.

(d)Security Fence Restrictions.  Security fences are permitted in industrial and business districts with Village Board approval, but shall not be located more than 2 feet from the property line and shall not exceed 10 feet in height and shall be an open type similar to woven wire or wrought iron fencing.  A building permit is required.  See ch. 14 of this Code.

(e)Essential Services Exemptions.  Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(f)Street Yard Restrictions.  With the approval of the Plan Commission, the required street yards may be decreased in any residential, business or industrial district to the average of the existing street yards of the abutting structures on each side, but in no case less than 15 feet in the residential districts and 5 feet in any business or industrial district.

(g) Grass seed or sod cover shall be applied to all yards within 1 year of commencement of construction.

(3)CORNER LOTS.  On corner lots the side yard facing the street shall not be less than 25 feet.

(4)LOTS ABUTTING DIFFERENT GRADES.  Where a lot abuts on 2 or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade plus 12 inches to the top of the basement wall.

(5)BUILDINGS ON THROUGH LOTS.  The requirements for a rear yard for buildings on through lots and extending from street to street may be waived by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets be complied with.

(6)ACCESSORY BUILDINGS.  Accessory buildings which are not a part of the main building shall not occupy more than 30% of the area of the required rear yard, shall not be more than 15 feet high and shall not be nearer than 5 feet to any lot line nor 5 feet to any alley line, and shall not extend into a front yard beyond the required setback.  See also Secs. 17.02(9) and 17.201(2)(e) of this chapter.

  • UNOBSTRUCTED YARDS.  Every part of a required yard shall be opento the sky unobstructed except for accessory buildings in a rear yard.

17.041 FENCES AND WALLS

(1)  PERMIT REQUIRED.  No person shall construct a fence or wall in the Village without first obtaining approval of the Architectural Review Board and a permit from the Building Inspector.

(2)  APPLICATION; FEE.  Application for a permit shall be filed with the Building Inspector on a form supplied by the Inspector And the Architectural Review Board, together with a sketch of the proposed fence and the payment of the fee provided in sec. 14.08 of this chapter.

(3)  GENERAL REQUIREMENTS.  (a)  For Districts R-1 – R-6 Fences and Walls in Front and Side Yards.  On any corner lot, no fence, wall or shrub shall be within the vision triangle prescribed in ch. 17 of this Code.  No wall or fence may be erected in any front or side yard, except that a decorative fence shall be no more than 3 feet in height extending no more than 10 feet in length in any one direction or a total of 20 feet and shall be set back 2 feet from the lot line.  All Fences in the C1, C2, C3 and M1districts must be reviewed and recommended by the Architectural Review Board and approved by Plan Commission.  See also Sec. 17.201 of this chapter.

(b)  Fences in Rear Yards.  (Am. Ord. #5-01).  Fences having a height of 6 feel or less may be located within the required rear yards in residential districts.

(c)  Location.  The property owner shall be responsible for the proper placement and location of the fence.  No fence shall be placed closer than 2 feet from the property line unless written consent is obtained from the abutting property owner and a variance granted by the Board of Zoning Appeals.

(d)  Dog Pens and Runs.  Dog pens and runs shall be erected in the rear yard only and shall be located at least 5 feet from any property line.

(e)  Wire Fences.  Wire fences are to be of a vinyl coated minimum wire gauge No. 16 with maximum opening of 2 inches by 3 inches.

(f)  Wood Fences.  Redwood or cedar shall be preferred for durability.  Other woods may be used provided they are suitable and maintained.

(g)  Barbed Wire.  No fence consisting wholly or in part of barbed wire shall be erected or maintained in the Village except for farming purposes and except for approved security fences.

(h)  Security Fences.  The Plan Commission, upon proper application, may approve security fences in nonresidential zones of such design and construction as it shall deem proper.

(i)  Fence Side.  Posts and framing shall face the property for which the fence permit application is being made.

(j)  Nonconforming Fences.  Present fences may stand even though they do not conform to this section.  However, nonconforming fences requiring 50% or more repairs or rebuilding shall be removed or rebuilt to conform with the requirements of this section.

Maintenance of Fences Required.  All fences shall be maintained in

good physical condition.

(4) PRIVATE SWIMMING POOL FENCES. (a) Required.No person shall maintain, construct, install or enlarge a residential swim­ming pool not enclosed in a permanent building in the Village unless a fence is constructed in accordance with this section.

(b) Definition.”Swimming pool” means any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent and either above or below the ground, in which water more than 24 inches deep is contained and which is used primarily for the purpose of bathing or swimming.

(c) Fences.1. (Am. Ord. #4-01) Except as provided in par. (d) below, all swimming pools not enclosed within a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool and shall be 5 feet in height and so constructed as not to have voids, holes or openings larger than 4 inches in one dimension. Gates or doors shall be equipped with self-closing devices for keeping the gates or doors securely closed and locked at all times when not in actual use.

2. Above ground pools with self-provided fencing to prevent unguarded entry shall be permitted without separate additional fencing, provided the self-provided fence is of the minimum height and design as herein specified.

3. Permanent access from grade to above-ground pools having stationary ladders, stairs or ramps shall have safe­guard fencing and gates equivalent to those required herein, sub­ject to all other applicable ordinances and subject to the follow­ing requirements:

a. No fence shall be located, erected, con­structed or maintained closer than 3 feet to a pool.

b. The wall of the house or building facing a pool may be incorporated as a portion of such fence.

(d) Hot Tubs (Cr. Ord. #4-01). All hot tubs which are not fenced, as provided in par. (c) above, shall be covered by a lid securely fastened at all times the hot tub is not in use.

17.05 NONCONFORMING USES, STRUCTURES AND LOTS

(1)  EXISTING NONCONFORMING USES.  (a)  Continuation.  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 with the provisions of this chapter, provided, however:

1.Only that 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.

2.The total lifetime structural repairs or alterations shall not exceed 50% of the 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.

3.Substitution of new equipment may be permitted by the village Board if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(b)Abolishment or Replacement of Existing Nonconforming Use.  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 or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50% of its current equalized assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.  From the date of adoption of this chapter, a current file of all nonconforming uses shall be maintained by the Clerk?]Treasurer, listing the following:

1.Owner’s name and address.

2.Use of the structure, land or water.

3.Assessed value at the time of its becoming a nonconforming use.

(2)EXISTING NONCONFORMING STRUCTURES.  Any lawful nonconforming structures existing at the time of the adoption or amendment of this chapter may be continued, although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter.  However, it shall not be extended, enlarged, reconstructed, 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 unless a variance is first obtained from the Board of Zoning Appeals.

(3)CHANGES AND SUBSTITUTIONS.  Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure.  Once the Village Board 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 Village Board.

(4)EXISTING VACANT SUBSTANDARD LOTS.  An existing lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 50 feet wide and 5,000 square feet in area, may be used as a single?]family building site provided that the use is permitted in the zoning district and the lot is of record in the County Register of Deed’s office prior to the effective date of this chapter; and, further provided, that the lot is in separate ownership from abutting lands.  If 2 or more vacant substandard lots with continuous frontage have the same ownership as of the effective date of this chapter, the lots involved shall be considered to be an individual parcel for the purpose of this chapter.  Substandard lots shall be required to meet the setbacks and other yard requirements of this chapter.  A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after approval of a variance by the Board of Zoning Appeals.

17.06 COMMUNITY LIVING ARRANGEMENTS; FAMILY DAY CARE HOMES

(1)  STATE LAWS ADOPTED.  The provisions of secs. 62.23(7)(i) and 66.304, Wis. Stats., are hereby adopted by reference and shall supersede all permitted and conditional uses as stated in this chapter.

(2)PERMITTED USES; RESTRICTIONS.

COMMUNITY LIVING ARRANGEMENT (CLA); FAMILY DAY CARE HOMES DISTRICTS PERMITTED STATUTORY RESTRICTIONS
(a) Foster family home (domicile licensed under §48.62, Wis. Stats., up to 4 children All residential districts None
(b) Other foster homes All residential districts §62.23(7)(i)l. and 2., Wis. Stats.
(c) Adult family home (domicile, as defined in §50.01(1), Wis. Stats., up to 4 adults, or more if all adults are siblings All residential districts None
(d) Other adult family homes All residential districts §62.23(7)(i)l. and 2., Wis. Stats.
(e) CLA, up to 8 persons All residential districts §62.23(7)(i)1., 2. and 9., Wis. Stats.
(f) CLA, 9 to 15 persons Multi?]family districts §62.23(7)(i)l., 2. and 9., Wis. Stats.
(g) Family day care home licensed under §48.65, Wis. Stats., up to 8 children All 1?] and 2?]family districts and planned residential development districts §66.304, Wis. Stats.

(3)CONDITIONAL USES.  All community living arrangements and family day care homes not permitted in sub. (2) above.  See sec. 17.17 of this chapter.

17.07 ZONING DISTRICTS

(1)  ESTABLISHED.  For the purposes of this chapter, the Village is hereby divided into the following zoning districts:

(a)R?]1 Single?]Family Residential District

(b)R?]2 Two?]Family Residential District

  • R-3 Zero Lot Line or Common Wall Single-Family Duplex

Residential District

(d) R-4 Three Family or Multi-family District

(e)R?] 6 Mobile Home Park District

(f)R-5 R-PUD Residential Planned Unit Development Districts

(g)C?]1 General Commercial District

(h)C?]2 Highway Commercial District

(i) C-3 Neighborhood Commercial District

(j)M?]1 Limited Industrial and Business Park District

(k)A Agricultural District

(l)CON Conservancy District

(m)Floodplain and Shoreland?]Wetland Districts (See chapter 18 of this Code)

(2)INCORPORATION OF ZONING MAP.  The locations and boundaries of the districts are shown on the Village Zoning Map, dated June 11, 1990, and referred to by reference as the Official Zoning Map, Village of Random Lake, Wisconsin.  Such Map, together with all explanatory matter and regulations thereon, is an integral part of this chapter and all amendments thereto.  Official copies of the Zoning Map, together with a copy of this chapter, shall be kept by the Clerk?]Treasurer and shall be available for public inspection during office hours.  Any changes or amendments affecting district boundaries shall not be effective until recorded and the certified change is filed with the Map.

(3)DISTRICT BOUNDARY AND MAP AMENDMENTS.  Ordinances:  Number 2?]98.

(4)BOUNDARIES OF DISTRICTS.  When uncertainty exists with respect to the boundaries of the various districts as shown on the Map, the following rules shall apply:

(a)When width or length of boundaries are not clear, the scale of the Map shall determine the approximate dimensions.

(b)When the Floodplain Zoning and Shoreland?]Wetland Codes and the Zoning Code regulations conflict with one another, the most restrictive combination of such regulations shall control.

(c)District boundaries are normally lot lines and center lines of streets, highways, railroads or alleys.

(5)Prior to obtaining any permits in any zoning district identified above, all plans, to the extent applicable, shall be submitted to the Architectural Review Board in accordance with Sec. 17.201 of this Chapter.

17.08R?]1SINGLE?]FAMILY RESIDENTIAL DISTRICT

The R?]1District is intended to provide a quiet, pleasant and relatively spacious living area for single?]family dwellings, protected from traffic hazards and intrusion of incompatible land uses.

(1)PERMITTED USES.

  • (a)One?]family dwellings.
  • (b)Two?] and 3?]family dwellings existing on the effective date of this chapter.
  • (c)Every dwelling unit shall have a separate garage, which shall be completed before occupancy. Attached or detached garage may be 1000 square feet, or 60% of the livable square footage of the residence, whichever is greater. Every dwelling, however, must have at least a minimum of 500 square feet of garage space. No garage shall exceed 10 feet in wall height for unattached garages. Roof pitch cannot exceed the pitch of principal building. No Living quarters above detached garages. Attached garages may have living quarters. Total height of attached garages cannot exceed 35 ft. No garage shall be constructed with exterior metal walls. However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches. Each dwelling unit shall not have more than one garage.
  • (d)Garden and yard equipment shed, 150square feet maximum and 15feet in height maximum. Only one garden shed per dwelling unit. Sheds constructed exclusively from metal or plastic materials are prohibited. All sheds must be architecturally compatible with the exterior appearance of the main structure or building. See also Sec. 17.201(2) of this chapter.

(2)CONDITIONAL USES. See also sec.17.17 of this chapter.

  • (a)Churches, synagogues and similar places of worship and instruction, including parsonages.
  • (b)Municipal buildings, except sewerage disposal plants, garbage incinerators, public warehouses, public garages, public shops and storage yards and penal or correctional institutions and asylums.
  • (c)Utility offices, provided there is no service garage or storage yard.
  • (d)Public, parochial and private elementary and secondary schools.
  • (e)Public parks, recreation areas, playgrounds and community centers.
  • (f)Home occupations and professional offices.

(3)LOT, YARD AND BUILDING REQUIREMENTS (Am.Ord. #7?]94). See also sec.17.03 of this chapter.

  • Lot frontage Minimum 80 ft.
  • The effective date of 3-1-04 theseamendments
  • Minimum 100 ft.
  • Lot area Minimum 8,000 sq. ft.
  • The effective date of 3-1-04 these amendments
  • Minimum 10,000 sq. ft.
  • Principal building:
  • Front yard Minimum 25 ft.
  • Side yards Minimum total, 15 ft.
Minimum side, 7 ft.
  • Rear yard Minimum 25 ft.
  • Building height Maximum 35 ft.
  • Accessory buildings:
  • Front yard Minimum 25 ft. + depth of principal building
  • Side yards Minimum 5 ft.
  • Rear yard Minimum 5 ft.
  • Building height: Maximum 10 ft. walls. Roof cannot exceed pitch of principal building.
  • Garage Maximum 1,000 sq. ft, or 60% of
  • Livable square footage, whichever is greater.
  • Minimum 500 sq. ft.
  • Garden shed Maximum 150 sq. ft.
  • Building height maximum 15 ft.
  • Floor Area Minimum single-story dwelling: 1,500 sq. ft. Minimum bi-level, tri-level or two-story dwelling: 1000 sq. ft. on ground floor, with a total minimum of 1,700 sq. ft.
  • Off?]street parking Minimum 2 spaces per unit. 
(See also sec.17.19 of 
this chapter)
  • Dwellings existing on the effective
  • Date of 3-01-04 these amendments…………….Minimum of 1200 sq. ft.

(4) DRIVEWAYS. All driveways must be hard surfaced, and constructed within 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides. No property shall have more than one driveway.

17.09 R?]2 TWO?]FAMILY RESIDENTIAL DISTRICT

The R?]2District is intended to provide a quiet, pleasant and relatively spacious living area for single?]family, and 2?]family dwellings protected from traffic hazards and intrusion.

(1)PERMITTED USES.

(a) Uses permitted in the R?]1District.

  • Boarding houses, up to 4 paying guests or boarders, including bed and breakfast establishments.
  • Existing multi-family.

(2)CONDITIONAL USES.

(a) Conditional uses permitted in the R?]1District.

(b)Funeral homes.

(c)Public hospitals and rest homes.

(d)Private clubs, fraternities and lodges, except those whose chief activity is customarily carried on as a business.

(3)LOT, YARD AND BUILDING REQUIREMENTS. See also sec.17.03 of this chapter.

(a)Single Family Dwellings. Same as for R?]1District.

(b) Every dwelling unit shall have a separate garage, which shall be completed before occupancy. However, each dwelling unit shall not have more than one garage. Attached or detached garage may be 1000 square feet, or 60% of the livable square footage of the residence, whichever is greater. Every dwelling, however, must have at least a minimum of 300 square feet of garage space. No garage shall exceed 10 feet in wall height for unattached garages. Roof pitch cannot exceed the pitch of principal building. No Living quarters above detached garages. Attached garages may have living quarters. Total height of attached garages cannot exceed 35 ft. No garage shall be constructed with exterior metal walls. However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches. Each dwelling unit shall not have more than one garage.

(c)Garden and yard equipment shed, 150square feet maximum and 15feet in height maximum. Only one garden shed per dwelling unit. Sheds constructed exclusively from metal or plastic materials are prohibited. All sheds must be architecturally compatible with the exterior appearance of the main structure or building. See also Section 17.201(2).

(d)Two?]Family Dwellings.

Lot frontage……….. Minimum 100 ft.

Lot area……….. Minimum 10,000 sq. ft.

Principal building:

Front yard……….. Minimum 25 ft.

Side yards……….. Minimum 10 ft.

Rear yard……….. Minimum 25 ft.

Building height……….. Maximum 35 ft.

Accessory building:

Front yard Minimum 25 ft. + depth of principal building

Side yards……….. Minimum 5 ft.

Rear yard……….. Minimum 5 ft.

Building height: Maximum 10 ft. walls. Roof pitch cannot exceed principal building.

Garages: Maximum of 700 sq. ft., or 60% of livable square footage, whichever is greater. Minimum of 300 sq. ft. per dwelling unit.

Garden shed ….Maximum 150 sq. ft.

Building height maximum 15 ft

Floor area per dwelling
unit:

Dwellings existing
on December31, 1997….. Minimum 960 sq. ft.

Dwellings existing on the

effective date of 3-1-04 these

amendments….. Minimum 1,150 sq. ft.

Dwellings constructed after

The effective date of 3-1-04 these

amendments ….. 1,200 sq. ft. per dwelling unit.

Off?]street parking Minimum 2 spaces per unit. (See also sec.17.19 of this chapter)

  • DRIVEWAYS. All driveways must be hard surfaced, and constructed within 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides. Maximum quantity of one driveway per dwelling unit.

(5) Condominiums reference chapter 19.041 of this code.

17.091 R?]3 ZERO LOT LINE OR COMMON WALL SINGLE-FAMILY DUPLEX RESIDENTIAL DISTRICT

The R?]3 District is intended to provide a quiet, pleasant and relatively spacious living area for single?]family and 2?]family dwelling condominiums protected from traffic hazards and intrusion.

(1)PERMITTED USES.

(a)  Uses permitted in the R?]1and R-2 Districts.

(b)Boarding houses, up to 4 paying guests or boarders, including bed and breakfast establishments.

(2)CONDITIONAL USES.

(a) Conditional Uses permitted in the R?]1 and R-2 Districts.

(b)Funeral homes.

(c)Public hospitals and rest homes.

(d)Private clubs, fraternities and lodges, except those whose chief activity is customarily carried on as a business.

(3)LOT, YARD AND BUILDING REQUIREMENTS.  See also sec. 17.03 of this chapter.

(a) Single Family Dwellings.  Same as for R?]1 District.

(b) Every dwelling unit shall have a separate garage, which shall be completed before occupancy. However, each dwelling unit shall not have more than one garage.  Attached or detached garage may be 1000 square feet, or 60% of the livable square footage of the residence, whichever is greater.  Every dwelling, however, must have at least a minimum of 300 square feet of garage space.  No garage shall exceed 10 feet in wall height for unattached garages.  Roof pitch cannot exceed the pitch of principal building. No Living quarters above detached garages.  Attached garages may have living quarters.  Total height of attached garages cannot exceed 35 ft. No garage shall be constructed with exterior metal walls.  However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches.    Each dwelling unit shall not have more than one garage.

(c) Garden and yard equipment shed, 150 square feet maximum and 15 feet in height maximum.  Only one garden shed per dwelling unit.  Sheds constructed exclusively from metal or plastic materials are prohibited.  All sheds must be architecturally compatible with the exterior appearance of the main structure or building.  See also Section 17.201(2).

(d) Two?]Family Dwellings.

Lot frontage before building……….. ………Minimum 100 ft.

Lot frontage after division for common wall building……………………..Minimum 50 ft.

Lot frontage for corner lot after division for common wall building………..Minimum 40 ft.

Lot area before building……….. ………Minimum 10,000 sq. ft.

Lot area after division for common wall building……………………..Minimum 5000 sq. ft.

Lot area for corner lot after division for common wall building………..Minimum 4000 sq. ft.

Principal building:

Front yard……….. Minimum 25 ft.

Side yards……….. Minimum 10 ft.

Rear yard……….. Minimum 25 ft.

Building height……….. Maximum 35 ft.

Accessory building:

Front yard         Minimum 25 ft. + depth of principal building

Side yards……….. Minimum 5 ft.

Rear yard……….. Minimum 5 ft.

Building height         Maximum 10 ft. walls. Roof pitch cannot exceed principal building.

Garages: Maximum of 700 sq. ft., or 60% of livable square footage, whichever is greater.  Minimum of 300 sq. ft. per dwelling unit.

Garden shed   ….Maximum 150 sq. ft.

Building height ……………….maximum 15 ft

Floor area per dwelling unit:

Dwellings existing on December 31, 1997….. Minimum 960 sq. ft.

Dwellings existing on the effective date of 3-1-04 these amendments….. Minimum 1,150 sq. ft.

Dwellings constructed after the effective date of 3-1-04 these amendments ….. 1,200 sq. ft. per dwelling unit.

Off?]street parking         Minimum 2 spaces per unit.  (See also sec. 17.19 of this chapter)

• DRIVEWAYS.  All driveways must be hard surfaced, and constructed prior to occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides. Maximum quantity of one driveway per dwelling unit.

(5) Condominiums reference Sec. 19.041 of this code.

17.092 R-4 3 Family or Multi-Family Residential District

(1)PERMITTED USES.

  • Uses permitted in the R-1, R-2 and R?]3 Districts.
  • Multi-Family Dwellings

(c) Boarding houses, up to 4 paying guests or boarders, including bed and breakfast establishments.

(2)CONDITIONAL USES.

(a) Conditional Uses permitted in the R?]1, R-2 and R-3 Districts.

(b)Funeral homes.

(c)Public hospitals and rest homes.

(d)Private clubs, fraternities and lodges, except those whose chief activity is customarily carried on as a business.

(3)LOT, YARD AND BUILDING REQUIREMENTS.  See also sec. 17.03 of this chapter.

(a)Single and Multi Family Dwellings.  Same as for R?]1 and R-2 Districts.

(b)Every dwelling unit shall have a separate garage, which shall be completed before occupancy. However, each dwelling unit shall not have more than one garage.  Attached or detached garage may be 1000 square feet, or 60% of the livable square footage of the residence, whichever is greater.  Every dwelling, however, must have at least a minimum of 300 square feet of garage space.  No garage shall exceed 10 feet in wall height for unattached garages.  Roof pitch cannot exceed the pitch of principal building. No Living quarters above detached garages.  Attached garages may have living quarters.  Total height of attached garages cannot exceed 35 ft. No garage shall be constructed with exterior metal walls.  However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches. Each dwelling unit shall not have more than one garage.

(c)Garden and yard equipment shed, 150 square feet maximum and 15 feet in height maximum.  Only one garden shed per dwelling unit.  Sheds constructed exclusively from metal or plastic materials are prohibited.  All sheds must be architecturally compatible with the exterior appearance of the main structure or building.  See also Sec. 17.201(2) of this chapter.

(d)Multi?]Family Dwellings.

Lot frontage……….. Minimum 120 ft.

Lot area……….. Minimum 12,000 sq. ft.

Principal building:

Front yard….. Minimum 25 ft.

Side yards….. Minimum 10 ft.

Rear yard….. Minimum 25 ft.

Building height….. Maximum 35 ft.

Accessory building:

Front yard….. Minimum 25 ft. + depth of principal building

Side yards….. Minimum 5 ft.

Rear yard….. Minimum 5 ft.

Building height         Maximum 10 ft. walls. Roof pitch cannot exceed principal building.

Garages:         Maximum of 700 sq. ft., or 60% of livable square footage, whichever is greater.  Minimum of 300 sq. ft. per dwelling unit.

Garden shed   ….Maximum 150 sq. ft.

Building height maximum 15 ft.

Number of stories……….. Maximum 2

Lot area per dwelling unit………… Minimum 3,600 sq. ft.

Floor area per dwelling unit:

Dwellings existing on December 31, 1997

1 bedroom unit……….. Minimum 600 sq. ft.

2 bedroom unit……….. Minimum 800 sq. ft.

3 bedroom unit……….. Minimum 1,000 sq. ft.

Dwellings constructed after January 1, 1998

1?]2 bedroom unit……….. Minimum 850 sq. ft.

3 bedroom unit……….. Minimum 1,150 sq. ft.

Off?]street parking…….. 2 spaces per unit.  See also sec. 17.19 of this chapter.

Garages:         Maximum of 700 sq. ft., or 60% of livable square footage, whichever is greater.  Minimum of 300 sq. ft. per dwelling unit.

  • DRIVEWAYS.  All driveways must be hard surfaced, and constructed within 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides.  Quantity of driveways to be recommended with site plan by the Architectural Review Board and approved by the Plan Commission.
  • Condominiums reference section 17.101and chapter 19.041.

17.10R6 MOBILE HOME PARK AND MOBILE HOME SUBDIVISION DISTRICT.
(1)Permitted Uses.  Mobile home parks

(2)CONDITIONAL USES.  None.

(3)MOBILE HOME PARK REQUIREMENTS.

(a)Park Requirements.  1.  A minimum of 5 acres.

2.40 foot minimum setbacks on all sides.

3.A hard surface road no less than 24 feet wide serving all mobile home spaces.

4.Electricity, cable television and public sewer and water servicing all mobile home spaces.

5.A central hard surface parking lot with one parking space for each 3 mobile home spaces.

6.A separate building providing laundry facilities.

7.An on?]site manager’s office.

(b)Space Requirements.

  • Space frontage ………..  Minimum 50 ft.
  • Space area ………..  Minimum 4,000 sq. ft.
  • Front yard ………..  Minimum 25 ft.
  • Side yards ………..  Minimum 10 ft.
  • Rear yard ………..  Minimum 25 ft.
  • Off?]street parking              2 spaces per mobile home

17.101 R-5 R-PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICTS (Cr. Ord. #13?]98)

(1)  INTENT.  The Residential Planned Unit Development (R?]PUD) Overlay District regulations are intended to permit flexibility and, consequently, encourage more creative and imaginative design for residential development of a site than under conventional zoning regulations while, at the same time, preserving the health, safety, order, convenience, prosperity and general welfare of the Village.  The planned development procedure requires a high degree of cooperation between the developer and the Village.  The procedure described herein is designed to give the developer general plan approval before completing all detailed design work while providing the Village with assurances that the project will retain the overall quality and character of a planned residential development envisioned at the time of approval.

(2)GENERAL PROVISIONS.  The Plan Commission may recommend and the Village Board may, upon the request of the owners, establish planned development overlay districts which will, over a period of time, tend to promote the maximum benefit from coordinated area site planning by permitting the diversified location of structures and mixed dwelling types and compatible uses while encouraging maximum protection and preservation of natural resources and environmentally sensitive areas located within and impacted by such development.

(a)Minimum R?]PUD Overlay District Development Area.  The Plan Commission shall be the authority in establishing the required size of an R?]PUD Overlay District.  Conditions to be considered by the Plan Commission in determining the minimum area required for R?]PUD Overlay District zoning may include, but are not limited to, the following:

1.Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features.

2.The land is adjacent to or across the street from property which has been developed as an R?]PUD and is to be developed in relationship to such prior development.

3.The R?]PUD process is desirable to insure compatibility and careful consideration of the effect of a development on surrounding land uses.

4.Detrimental site features affecting the development potential of a site such as heavily used highways, railroad tracks traversing a property, rock outcroppings, adjacent incompatible land uses or others may also justify consideration of an area as an R?]PUD in order to give the design flexibility needed to deal with site constraints.

(b)Permitted and Accessory Uses.  Permitted and accessory uses in an R?]PUD Overlay District shall be the same as those permitted in the underlying existing zoning district in which an R?]PUD is located.  If a developer desires uses different than those permitted by the existing zoning, the developer shall simultaneously petition for rezoning of the underlying existing zoning to a zoning district which permits the desired uses.

(c)Mixed Uses.  A mix if different residential uses within an R?]PUD Overlay District may be permitted if the Plan Commission and the Village Board determine that the mix of uses is compatible internally and with land uses in the abutting and surrounding neighborhood and necessary to achieve the objectives of the R?]PUD Overlay District.

(d)Number of Buildings on a Lot.  The R?]PUD Overlay District may permit more than one residential building on a lot.

(e)Density.  The R?]PUD Overlay District may permit the transfer of density (dwelling units) from one portion of the subject site to another and will permit the clustering of dwelling units in one or more locations within the total site.  However, the density of use shall not exceed the density permitted in the underlying existing zoning district or districts.

(f)Setbacks.  Front yard setbacks shall comply with that of the underlying zoning district or districts.  Side and rear yard setbacks are to be determined by the Plan Commission after considering site specific areas.

(g)Building Requirements.  The building regulations of the underlying zoning shall be applicable for all developers.

(h)Temporary Uses.  Real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure are permitted.

(i)Buffers.  The Plan Commission may require buffers between different and potentially incompatible land uses, buildings and structures.  The use and integration of existing, natural features and vegetation as well as the installation of a variety of landscaping features shall be used as buffers and is strongly encouraged.  The need for buffers in an R?]PUD Overlay District shall be determined by the Plan Commission at the time of site specific plan review.

(j)Open Space.  The Plan Commission may require the development area of an R?]PUD Overlay District to contain up to 20% open space as determined by the Plan Commission on a site specific basis.  When deemed appropriate, the Plan Commission may also reduce density for open space purposes.  For purposes of satisfying this requirement, “open space”:

1.May include floodplain area and wetland area in certain instances if permitted by the Plan Commission.

2.May not include streets, driveways and front yard setback requirements.

3.Shall be established as part of the general development plan and described and identified as to size, location, use, improvements (if any) and maintenance responsibility.

(3)APPLICATION PROCEDURE AND REQUIRED INFORMATION.  (a)  Preliminary Consultation.  An applicant shall meet with the Plan Commission and appropriate Village staff members for a preliminary consultation prior to formally submitting a rezoning petition for an R?]PUD Overlay District.  The purpose of this preliminary consultation is to discuss the proposed request and review the local regulations and policies applicable to the project and discuss the land use implications of the proposal.

(b)Rezoning Petition and General Development Plan.  The applicant shall submit a rezoning petition in accordance with the application procedure described in sec. 17.26 of this chapter.  In addition to the required information noted in sec. 17.26, a general development plan shall be submitted to the Plan Commission and the Village Board for review 30 business days prior to any rezoning hearing.  The general development plan and supporting information shall contain and/or address the following:

1.Plot plan of area proposed for development.

2.Proposed location of public utilities, public and private roads, driveways and parking facilities.

3.Size, arrangement and location of all proposed buildings.

4.Location of proposed open space areas, buffer yards and areas reserved or dedicated for public uses.

5.Perspective drawings and sketches illustrating the design and character of proposed structures.

6.Existing topography on site with contours at no greater than 2 foot intervals National Geodetic Vertical elevation.

7.A development phasing plan if development is to be developed in stages or phases.

(c)Public Inspection.  The general development plan shall be available for public inspection prior to any rezoning hearing on the proposed project.

(d)Public Hearing.  The Plan Commission shall hold a public hearing on the rezoning request and, following said public hearing, shall make a recommendation to the Village Board regarding approval/disapproval.

(e)Rezoning Approval/Disapproval.  The Village Board shall act on the recommendation of the Plan Commission regarding the rezoning petition at their next scheduled meeting.

(4)CONDITIONS AND RESTRICTIONS, PRELIMINARY PLAN APPROVAL.  (a)  The Plan Commission may recommend and the Village Board may adopt, by resolution, conditions and restrictions for R?]PUD Overlay Districts that specify permitted uses and set bulk regulations and density standards for lot coverage and dwelling unit size and distribution and yard setbacks.

(b)Conditions and restrictions adopted to govern development within a specific R?]PUD Overlay District may include, but not be limited to, nonstandard or nonuniform requirements, regulations and provisions recommended by the Plan Commission and approved by the Village Board.  Such nonstandard requirements, regulations and provisions shall be designed to insure proper development and appropriate operation and maintenance of specific developments on specific sites consistent with the intent of these regulations and commitments made by a developer at the time an R?]PUD Overlay District and general development plan are approved.

(5)DETAILED PLANS AND INFORMATION.  (a) After the R?]PUD zoning has been granted and the general development plan, together with conditions imposed by either the Plan Commission or the Village Board, has been approved, detailed site plans, architectural plans and utility plans shall be submitted to the Plan Commission for final review prior to the execution of a developer’s agreement between the developer and the Village Board.  Other related information required may include, but is not limited to, maintenance standards and plans of operation.  The detailed plan and information shall conform substantially to the general development plan as approved.

(b)Information to be included in the detailed plan shall conform to the following subsections of sec. 19.06 of this Code where applicable:

1.General Requirements.  A final plat prepared by a registered land surveyor shall be required for all developments.  It shall comply in all respects with the requirements of Sec. 236.20, Wis. Stats.

2.Additional Information.  The plat shall show correctly on its face, in addition to the information required by Sec. 236.20, Wis. Stats., the following:

a.Exact length and bearing of the center line and center and center line curves of all streets.

b.Exact street width along the right of way line of any obliquely intersecting street.

c.Railroad rights of way within and abutting the plat.

d.Setbacks or building lines, if required by the Plan Commission, in accordance with the guidelines set forth in section 19.08 of this Code.

e.Utility and/or drainage easements.

f.All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.

g.A detailed landscaping plan.

h.Special restrictions required by the Village Board relating to access control along public ways and delineation of floodland limits.

3.Deed Restrictions.  The Village Board may require that deed restrictions imposed by the developer be filed with the final plat.

4.Plat Restrictions.  The Village Board may require that plat restrictions intended to reflect Village plans and ordinances be placed on the face of the plat.

(6)REVIEW OF DETAILED PLAN.  The Plan Commission shall review the detailed plan and provide the developer with a list of changes and additional requirements as it deems appropriate.  Upon reaching agreement with the developer, the Plan Commission shall forward its recommendation to the Village Board.

(7)ARCHITECTURAL REVIEW.  Building plans shall also be submitted to the Architectural Review Board for their review and approval prior to the issuance of a building permit.  (See sec. 17.201 of this chapter)

(8)COMMENCEMENT OF PROJECT.  (a) After the Village Board, upon recommendation of the Plan Commission, has approved the detailed site plans, construction of private and public amenities may commence in accordance with sec. 19.10 of this Code.

(b)No building permit for residences shall be issued until building plans have been approved by the Architectural Review Board and all applicable fees and assessments required in sub. (13) below and sec. 19.11 of this Code have been paid and either all public and private construction has been completed and approved or a developer’s agreement, including a letter of credit, has been approved by the Village Board.  For staged development, such developers’ agreements shall provide for the construction of improvements and the use of common areas outside of the subject stage.

(c)After the Village Board, upon the recommendation of the Plan Commission, has approved the plans, the project shall be commenced within one year unless the time is extended in writing by the Village Board.  In the event the project is not so timely commenced, the approval of the Village Board shall be deemed to be automatically revoked and zoning will revert back to the classification it held prior to rezoning approval.

(9)RECORDATION.  The final plat or condominium declaration shall be recorded with the County Register of Deeds.  Plats shall be recorded only after the certificates of the Director of Planning Function in the Wisconsin Department of Development, of the Village Board, of the surveyor and those certificates required by Sec. 236.21, Wis. Stats., are placed on the face of the plat.  The Clerk?]Treasurer shall record the plat or condominium declaration within 10 days of its approval by the Village Board.  The developer shall, however, be responsible for payment of the recording fee.

(10)DUPLICATE PLAT OR CONDOMINIUM DECLARATION AND PLAT TO BE FILED.  An identical reproducible copy on stable drafting film at least 4 mils thick, along with the recording data, shall be placed on file with the Director of Public Works. See also Sec. 19.041 of this code.

(11)MAINTENANCE OF PROJECT.  (a)  Should the owner of a planned development, homeowners’ association or the condominium owners’ association, in the event a condominium is created, fail to properly operate or maintain the premises according to the terms of this section or the developer’s agreement, or to the extent that a nuisance is caused to occupants or neighbors, the Plan Commission may refuse to approve subsequent stages of the development until such time as they determine that the situation and/or the method of operation has been corrected.  Failure to maintain the premises and/or satisfy any and all requirements contained in the approved plans, the R?]PUD Overlay District ordinance or developer’s agreement shall constitute a violation of the Zoning Code and be subject to the enforcement provisions set forth therein.

(b)Should the owner of a planned development or condominium owners’ or homeowners’ association fail to adequately perform maintenance functions such as snow and ice removal, weed cutting or trash disposal, the Village shall have the right to perform such functions or to contract for their accomplishment at the property owner’s expense.

(12)CHANGES OR REVISIONS.  (a) All proposed changes, revisions and additions to any aspect of an approved planned development project shall be submitted to the Plan Commission for its review.  The Plan Commission shall determine if the change, revision or addition is minor or if it materially affects the intended design of the project and the impact of the project on neighboring uses.

(b)If the change is determined to be minor, the Plan Commission shall review the request and pass its findings to the Village Board, which may approve the change without a public hearing.  The Plan Commission’s decision on minor changes shall be rendered at a meeting subsequent to the meeting at which the requested change was initially presented to the Plan Commission.

(c)If the requested change is determined by the Plan Commission to be substantial because of its effect on the intended design of the project or on neighboring uses, a public hearing shall be held by the Plan Commission to review and pass its findings to the Village Board for final approval.

(13)FEES.  The developer shall pay to the Village all fees and all professional expenditures incurred by the Village at the time specified.

(a)General R?]PUD Plan Review Fee.  The developer shall pay a fee of $100 plus $2 for each residential unit over 25 at the time the application is filed.

(b)Detailed R?]PUD Plan Review Fee.  The developer shall pay a fee of $100 plus $2 for each residential unit over 25 at the time the application is filed.

(c)Professional Fees.  The developer shall reimburse the Village for all engineering, planning and legal fees incurred by the Village.  The Village shall bill the developer monthly and payment shall be made within 10 days from date of billing.

17.11 C?]1 GENERAL COMMERCIAL DISTRICT

The C?]1 District is intended to provide an area for the business and commercial needs of the Village.

(1)PERMITTED USES.  (a)  Post offices.

(b)General business and commercial uses which do not generate noise, smoke or odors that would create a public or private nuisance.  These uses generally include the following:

1.Banks, commercial or professional offices and telephone offices.

2.Bed and Breakfasts

3.Places of amusement and theaters.

4.Personal service establishments.

5.Parking lots.

6.Existing one, 2?]family and multi-family dwellings.

7.Uses customarily incident to any of the above uses.

(2)CONDITIONAL USES.  (a)  Any other uses similar in character with the permitted uses and the manufacture or treatment of products clearly incidental to the conduct of a retail business on the premises.

  • Apartments.  See sub. (3) below; see also section 17.02(4).
  • Automobile and Equipment Service
  • Any business with a drive-thru
  • Similar uses as determined by planning commission.

(3)ADDITIONAL RESTRICTIONS.  Uses permitted in the C?]1 District are subject to the following conditions:

(a)Business uses are not permitted on any floor above the ground floor, except in those buildings or structures where dwelling units are now established.

(b)All business establishments shall be retail or service establishments dealing directly with consumers.  All goods produced on the premises shall be sold at retail on the premises where produced.

(c)All business, servicing or processing, except for off?]street parking or loading, shall be conducted within completely enclosed buildings.

  • DEVELOPMENT STANDARDS.  Within the C?]1 District, there shall be no minimum required standards or setbacks in order to provide flexibility in the redevelopment of the downtown area.  However, no new or remodeled buildings may be constructed with metal exterior walls.  Additionally, all new buildings shall be subject to the off?]street parking and loading requirements of sec. 17.19 of this chapter.

(5)DRIVEWAYS.  All driveways must be hard surfaced, and constructed within 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides.  Quantity of driveways to be recommended with site plan by the Architectural Review Board and approved by the Plan Commission.

17.12C?]2 HIGHWAY COMMERCIAL DISTRICT

The C?]2 District is established to provide for the establishment of principally motor vehicle?]oriented or dependent commercial activities in nonresidential settings.  Lot dimensional requirements are established to provide for the orderly grouping of commercial uses and for adequate off?]street parking.

(1)PERMITTED USES.

(a)Automotive sales, servicing and repairs.

Cleaning, dyeing and pressing establishments.

(b)Department stores and discount stores.

(c)Drive?]in Banks and professional service offices.

(d)Drive?]in Establishments serving food or non-alcoholic beverages.

(e)Laundromats.

(f)Motels.

(g)Plumbing and heating shops.

(h)Printing and related trades.

(i)Recreational and entertainment establishments.

(j)Shopping centers.

(k)Supermarkets.

(l)Veterinary, medical, dental and vision clinics.

(2)CONDITIONAL USES.  (a)  Automotive Sales and Service

(b)Painting businesses.

(c)Establishments serving alcohol.

  • Drive-in establishments serving food and beverages.

(e) Gasoline and Service Stations.

(f)  Businesses with a drive-thru.

(g)  Other uses similar in character to the permitted uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation.

(3)LOT, YARD AND BUILDING REQUIREMENTS.  No new or remodeled buildings may have exterior walls covered with panelized metal.  Aluminum siding shall not be greater than 12 inches in width.

Lot frontage ………..  Minimum 100 ft.

Lot area ………..  Minimum 20,000 sq. ft.

Front yard              Minimum 25 ft., 50 ft. if parking is permitted

Side yards ………..  Minimum 20 ft.

Rear yard ………..  Minimum 20 ft.

Front parking

setback ………..  15 ft.

Building height ………..  Maximum 35 ft.

Number of stories ………..  Maximum 2?]1/2

  • OFF?]STREET PARKING AND LOADING REQUIREMENTS.  See sec. 17.19 of this chapter.

(5)DRIVEWAYS.  All driveways must be hard surfaced, and constructedwithin 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides. Quantity of driveways to be recommended with site plan by the Architectural Review Board and approved by the Plan Commission.

(6)All front yard setbacks shall be in green space, except for sidewalks and driveways.  Grass seed or sod cover shall be applied to all yards (or green space) within 1 year of commencement of construction.

(7)All dumpsters and refuse areas shall be concealed by either solid fences or shrubs that conceal the containers or refuse.

17.121C?]3 NEIGHBORHOOD COMMERCIAL DISTRICT (Cr. Ord. #3?]98)

The C?]3 District is established to provide for certain low traffic retail and customer service establishments.

(1)PERMITTED USES.

(a)Barber shops

(b)Beauty shops

(c)Dentist offices

(d)Doctor offices

(e)Gift or antique shops

(f)Insurance offices

(g)Jewelry stores

(h)Photography

(i)Professional offices

(j)Real estate offices

(k)Tailor or dressmaker shops

(2)CONDITIONAL USES.  Any similar uses enumerated in sub. (1) above approved by the Village Board.

(3)LOT, YARD AND BUILDING REQUIREMENTS.

Lot frontage ………..  Minimum 100 ft.

Lot area ………..  Minimum 15,000 sq. ft.

Front yard setback ………..  Minimum 25 ft.

Side yard setback ………..  Minimum 20 ft.

Back yard setback ………..  Minimum 20 ft.

Building height ………..  Maximum 35 ft.

Number of stories ………..  Maximum 2?]1/2

Building square footage ………..  Minimum 1,500 sq. ft. Maximum 50% of lot area

Number of businesses per building……….. Maximum 4

(4)OFF?]STREET PARKING AND LOADING REQUIREMENTS.  See also sec. 17.19 of this chapter.

(a)No parking permitted beyond the front?]most extension of building.  Parking permitted on sides or in the rear of building (opposite of street side) only.

(b)Dustfree, hard surface in parking lot shall be completed within 6 months of occupancy.  Hard surface shall be defined as concrete, asphalt or brick paving.  See also Section 17.19(2)(d).

(c)Parking facilities shall meet all ordinances and requirements of the Village.

(5)DRIVEWAYS.  All driveways must be hard surfaced, and constructed within 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides.  Quantity of driveways to be recommended with site plan by the Architectural Review Board and approved by the Plan Commission.

(6)SIGNS.  (a)Ground Signs.

1.Structure of sign not to exceed 10 feet in length and 6 feet in height.

2.Structure top not to exceed 8 feet in height from mean center line of road.

3.Structure setback a minimum of 10 feet from front lot line.

4.Structure setback a minimum of 25 feet from side lot lines.

5.Sign itself not to exceed 24 square feet in size.

6.Sign to be indirectly lit.  No flashing or blinking lights permitted.

7.One ground sign permitted per business.

(b)Building Signs/Wall Signs.

1.Sign shall be mounted parallel to wall.

2.Sign shall extend no more than one foot outward from wall.

3.Sign not to exceed 24 square feet in size.

4.Sign shall not exceed 10 feet in height.

5.Sign shall not protrude beyond ends of building.

6.Sign shall not have flashing or blinking lights.

7.One wall sign permitted per business.

(c)Window Signs.

l.Signs shall be placed only on inside of window.

2.Signs shall not exceed 25% of glassed area of window.

(d)Any 2 signs permitted in pars. (a), (b) and (c) above are permitted on one business property.

(e)Sign shall not:

l.Resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals or devices.

2.Obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices.

3.Be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape and no sign shall be attached to a standpipe or fire escape.

4.Be placed so as to obstruct or interfere with traffic visibility nor be lighted in such a way as to cause a glare or impair driving visibility upon public ways.

5.Be lit with flashing or blinking lights.

(7)GREEN SPACE.  (a) Green space is an area dedicated to the planting of trees, shrubs and grass.

(b)No less than 30% of the entire lot shall be in green space.

(c)All front yard setbacks shall be in green space, except for sidewalks and driveways.

(d)Grass seed or sod cover shall be applied to all yards within 1 year of commencement of construction.

(8)Living quarters permitted for owner or manager of each business only.  No rental units permitted in a C?]3 District.

(9) All dumpsters and refuse areas shall be concealed by either solid fences or shrubs that conceal the containers or refuse.

17.13M?]1 LIMITED INDUSTRIAL AND BUSINESS PARK DISTRICT

The M?]1 District is intended to provide for manufacturing or industrial operation which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the Village as a whole by reason of noise, dirt, dust, smoke, odor, traffic, physical appearance or other similar factors, and subject to such regulatory controls as will reasonably insure compatibility in this respect.  Outdoor storage of raw materials or finished products is not allowed.

(1)PERMITTED USES.

(a) Distribution centers.

(b)Blacksmithing, tinsmithing and sheet metal work.

(c)Bottling plants.

(d)Enameling and painting.

(e)Knitting mills and the manufacture of products from finished fabrics.

(f)Manufacture, fabrication, packing and packaging and assembly of products from furs, glass, leather (but not tanning of hides or manufacture of leather), metals, paper (but not the manufacture of paper or pulp), plaster, plastic (but not the manufacture of plastic), textiles and wood (but not the manufacture of paper or pulp).

(g)Manufacture, fabrication, processing, packaging and packing of confections, cosmetics, electrical appliances, electronic devices, food (except meat rendering plants, slaughtering and first processing of meat and fowl, first processing of fish, cabbage processing and the vining of peas.

(h)Manufacture of furniture, home supplies and appliances, instruments, jewelry, office supplies, pharmaceuticals, sporting goods, tobacco products and toiletries.

(i)Laboratories

(j)Warehousing.

(k)Welding shops.

(l)Wholesaling.

(2)CONDITIONAL USES.  (a) Storage and warehousing of fuel and materials, but not the storage of wrecked or dismantled vehicles and junk or the storage of explosives.

(b) Other uses similar in character to the permitted uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation.

(3)LOT, YARD AND BUILDING REQUIREMENTS.

Lot frontage …………. Minimum 100 ft.

Lot area ……………… Minimum one acre

Front yard …………… Minimum 40 ft.

Parking lot setback …. Minimum 15 ft.

Side yards:

Principal building ………..  Minimum 20 ft.

Accessory building ………..  Minimum 5 ft.

Rear yard ……………. Minimum 25 ft.

Building height ………. Maximum 35 ft.

(4)OFF?]STREET PARKING AND LOADING REQUIREMENTS.  See sec. 17.19 of this chapter.

  • PERFORMANCE STANDARDS.  See sec. 17.20 of this chapter.

(6) DRIVEWAYS.  All driveways must be hard surfaced, and constructed within 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides.  Quantity of driveways to be recommended with site plan by the Architectural Review Board and approved by the Plan Commission.

17.14A AGRICULTURAL DISTRICT

The A Agricultural District provides exclusively for agricultural uses.  The intent is to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development which results in excessive costs to the community for premature provision of essential public improvements and services.

(1)PERMITTED USES.  (a) Churches, schools, parks and municipal buildings.

(b)Farming.

(c)In?]season roadside stands for the sale of farm products produced on the premises.

(d)Water storage; and sewage disposal plants and power stations, when surrounded by an 8 foot or more woven fence.

(e)Nurseries, greenhouses and other agricultural uses.

(f)Uses customarily incident to any of the above uses, including residential uses incident to any of the above uses.

(2)CONDITIONAL USES.  See also sec. 17.17 of this chapter.

(a)Fur farms.

(b)Kennels.

(3)LOT, YARD AND BUILDING REQUIREMENTS.

Lot frontage ………….. Minimum 200 ft.

Lot area …………… Minimum 5 acres

Residence:

Yard and building requirements Same as R?]1 District

Farm buildings:

Front yard ………..  Minimum 300 ft.

Side yards ………..  Minimum 300 ft.

Rear yard ………..  Minimum 300 ft.

Building height ………..  Maximum 50 ft.

(4)OFF?]STREET PARKING AND LOADING.  No off?]street parking and loading permitted.

17.15 CON CONSERVANCY DISTRICT

The CON District is intended to preserve scenic and natural areas in the Village and to prevent uncontrolled, uneconomical spread of residential development, and to help discourage intensive development of marginal lands so as to prevent potential hazards to public and private property.

(1)PERMITTED USES.  (a) Public parks and playgrounds.

(b)Management of forestry, wildlife and fish.

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

(d)Fishing and trapping.

(e)Dams, power stations and transmission lines.

(f)Upon written permission from the Village Board, based on the purposes of this chapter and on the recommendation of the Plan Commission following a public hearing, sewage disposal plants and water pumping or storage facilities, amusement parks, golf courses and driving ranges, and public camping grounds.

(g)Uses customarily incident to any of the above uses.

(2)LOT, YARD AND BUILDING REQUIREMENTS.  None.

17.16 FLOODPLAIN AND SHORELAND?]WETLAND DISTRICTS

See ch. 18 of this Code.

17.17 CONDITIONAL USES.  (1)GENERAL USES APPLICABLE TO ONE OR MORE DISTRICTS

The following uses shall be conditional uses and may be permitted as specified:

(a)Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums and historical landmarks or restorations may be permitted in all residential and commercial districts.

(b)Utilities in all districts, provided all principal structures and uses are not less than 50 feet from any residential lot line.

(c)Incinerators, sewerage disposal plants and earth or sanitary landfill operations may be permitted in the A Agricultural District.

(d)Golf courses may be permitted in any residential or agricultural district.

(e)Cemeteries may be permitted in any residential or commercial district.

(f)Publicly-owned skating rinks, sports fields, swimming pools, tennis courts, or other recreational venues may be permitted in any district.

(g)Commercial recreational facilities.  Privately owned swimming pools.

(h)Boat launches, liveries and repair facilities may be permitted in the R?]1, R?]2 and CON Districts.

(i)(Cr. Ord. #2?]97) State licensed day care facilities may be permitted in any district.

(2)APPLICATION (Am. Ord. #2?]97).  Applications for conditional use permits shall be made in duplicate to the Clerk?]Treasurer on forms furnished by the Clerk?]Treasurer and shall include the following:

(a)Names and address of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.

(b)Description of the subject site by lot, block and recorded subdivision, or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees, if any; and the zoning district within which the subject site lies.

(c)Site plan showing the location of any buildings and all proposed provisions for off?]street parking and loading.

(d)Additional information, as may be required by the plan Commission, the Director of Public Works and the Building Inspector.

(e)The fee is $75 and shall accompany such application.

(3)NOTICE.  Notice of such application and the subsequent hearing thereon before the Plan Commission shall be published as a Class I notice.

(4)APPEARANCES AT HEARINGS.  Either the applicant or his agent or attorney shall attend the public hearing of the Plan Commission at which such application is to be considered unless such attendance has been excused by the Plan Commission.

(5)REVIEW AND APPROVAL.  The Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation.  The Plan Commission shall hold a hearing and thereafter shall recommend approval, denial or condition of approval to the Village Board.  The Village Board shall accept, reject or modify the Plan Commission’s recommendations.

(6)ISSUANCE OF PERMIT.  If such permit is issued, the Village Board may attach conditions thereto such as, but not limited to, landscaping, architectural design, type of construction, construction commencement and completion dates, hours of operation, traffic circulation or parking requirements, highway access restrictions, or increased yards.

(7)USES ADJACENT TO CONTROLLED ACCESS HIGHWAYS.  Any development within 500 feet of the existing or proposed right of way of any freeway, expressway or other controlled access trafficway, and within 1,500 feet of their existing or proposed interchange or turning lane right of way, shall be deemed to be a conditional use which shall require the issuance of a permit.

17.18 CONSTRUCTION SITE EROSION CONTROL

The intent of this section is to require erosion control practices that will reduce the amount of sediment and other pollutants leaving construction sites during land development or land disturbance activities.  This section applies to all land disturbing construction activities.

(1)AUTHORITY.  This section is adopted under the authority granted in §61.354, Wis. Stats.

(2)FINDINGS AND PURPOSE.  (a) Findings.  The Village Board finds runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of the State and the Village.

(b)Purpose.  It is the purpose of this section to preserve the natural resources; to protect the quality of the waters of the State and the Village; and to protect and promote the health, safety and welfare of the people to the extent practicable by minimizing the amount of sediment and other pollutants carried by runoff or discharges from construction sites to lakes, streams and wetlands.

(3)APPLICABILITY.  This section applies to land disturbing and land developing activities on lands within the boundaries and jurisdiction of the Village and, optionally, the public and private lands subject to extraterritorial review under Ch. 236, Wis. Stats.  All State?]funded or conducted construction is exempt from this section.

(4)DEFINITIONS.  (a) Agricultural Land Use.  Use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.

(b)Commercial Land Use.  Use of land for the retail or wholesale sale of goods or services.

(c)Construction Site Control Measure.  A control measure used to meet the requirements of sec. (7)(b) below.

(d)Control Measure.  A practice or combination of practices to control erosion and attendant pollution.

(e)Control Plan.  A written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of this section submitted by the applicant for review and approval by the Director of Public Works.

(f)Erosion.  The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.

(g)Land Developing Activity.  The construction of buildings, roads, parking lots, paved storage areas and similar facilities.

(h)Land Disturbing Construction Activity.  Any manmade change of the land surface, including removing vegetative cover, excavating, filling and grading, but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscaping modifications.

(i)Landowner.  Any person holding title to or having an interest in land.

(j)Land User.  Any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his land.

(k)Runoff.  The rain fall, snow melt or irrigation water flowing over the ground surface.

(l)Site.  The entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.

(5)DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS FOR CONTROL MEASURES.  All control measures required to comply with this section shall meet the design criteria, standards and specifications for the control measures based on accepted design criteria, standards and specifications identified by the Director of Public works and in accordance with, but not limited to, the Wisconsin Construction Site Best Management Practice Handbook.

(6)MAINTENANCE OF CONTROL MEASURES.  All sedimentation basins and other control measures necessary to meet the requirements of this section shall be maintained by the applicant or subsequent landowner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions.

(7)CONTROL OF EROSION AND POLLUTANTS DURING LAND DISTURBANCE AND DEVELOPMENT.  (a) Applicability.  This subsection applies to the following sites of land development or land disturbing activities.

1.Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved subdivision plats.

2.Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys.

3.Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 4,000 square feet or more.

4.Those involving excavation or filling or a combination of excavation and filling affecting 350 cubic yards or more of dirt, sand or other excavation or fill material.  Excavation and filling of less than 350 cubic yards, at the discretion of the Director of Public Works, may require control of erosion and pollutants if judged necessary.

5.Those involving street, highway, road or bridge construction, enlargement, relocation or reconstruction.

6.Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.

(b)Erosion and Other Pollutant Control Requirements.  The following requirements shall be met on all sites described in par. (a) above.

1.Discharged Water.  Water may not be discharged in a manner that causes erosion of the site or receiving channels.

2.Waste and Material Disposal.  All waste and unused building materials, including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials, shall be properly disposed of and not allowed to be carried by runoff into a receiving channel or storm sewer system.

3.Tracking.  Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways.  Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each work day.

4.Drain Inlet Protection.  All storm drain inlets shall be protected with a straw bale, filter fabric or equivalent barrier meeting accepted design criteria, standards and specifications.

5.Site Erosion Control.  The following criteria apply only to land development or land disturbing activities that result in runoff leaving the site.

a.Channelized runoff and sheet flow runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical.  Otherwise, channelized runoff and sheet flow runoff shall be protected as described in subpar. c.ii. below.

b.All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.  This shall include the planting of vegetative cover as soon as practical.

c.Runoff from the entire disturbed area on the site shall be controlled by meeting the following:

i.For sites with more than 10 acres disturbed at one time, or if a channel originates in the disturbed area, sedimentation basins/traps shall be constructed.

ii.For all sites, filter fences, straw bales or equivalent control measures shall be placed along all critical/necessary sides of the site as determined by the Director of Public Works.  If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.

d.Soil or dirt storage piles containing more than 350 cubic yards of material shall be controlled by placing straw bales or filter fence barriers around the down slope side of the pile.  Any soil or dirt storage pile under 350 cubic yards may be required, at the discretion of the Director of Public Works, to be controlled by placing straw bales or filter fence barriers around the down slope side of the piles if conditions warrant.  New in?]street utility construction soil or dirt storage piles located closer than 25 feet to a roadway or drainage channel, if exposed for more than 7 days, must be protected with straw bales or other appropriate filtering barriers.

(8)PERMIT APPLICATION, CONTROL PLAN AND PERMIT ISSUANCE.  No landowner or land user may commence a land disturbance or land development activity, subject to this section, without receiving prior approval of a control plan for the site and a permit from the Director of Public Works.  At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this section shall submit an application for a permit and a control plan and pay an application fee to the Director of Public Works.  By submitting an application, the applicant is authorizing the Director of Public Works to enter the site to obtain information required for the review of the control plan.

(a)Content of the Control Plan For Land Disturbing Activities Covering More than 1Acres.  1.  Existing Site Map.  A map of existing site conditions on a scale of at least one inch equals 100 feet showing the site and immediately adjacent areas:

a.Site boundaries and adjacent lands which accurately identify site location.

b.Lakes, streams, wetlands, channels, ditches and other water courses on and immediately adjacent to the site.

c.100 year floodplains, flood fringes and floodways.

d.Vegetative cover.

e.Location and dimensions of storm water drainage systems and natural drainage patterns on and immediately adjacent to the site.

f.Locations and dimensions of utilities, structures, roads, highways and paving.

g.Site topography at a contour interval not to exceed 2 feet.

2.Plan of Final Site Conditions.  A plan of final site conditions on the same scale as the existing site map showing the site changes.

3.Site Construction Plan.  A site construction plan, including the following:

a.Locations and dimensions of all proposed land disturbing activities.

b.Locations and dimensions of all temporary soil or dirt stock piles.

c.Locations and dimensions of all construction site management control measures necessary to meet the requirements of this section.

d.Schedule of anticipated starting and completion date of each land disturbing or land developing activity, planting of vegetative cover and installation of construction site control measures needed to meet the requirements of this section.

e.Provisions for maintenance of the construction site control measures during construction.

(b)Content of Control Plan Statement For Land Disturbing Activities Covering Less Than  1Acre, But Meeting the Applicability Requirements Stated in Sub. (7)(a) Above.  An erosion control plan statement, with simple map, shall be submitted to briefly describe the site and erosion controls, including the site development schedule, that will be used to meet the requirements of this section.

(c)Review of Control Plan.  Within 30 days of receipt of the application, control plan, or control plan statement and fee, the Director of Public Works shall review the application and control plan to determine if the requirements of this section are met.  The Director may request comments from other departments or agencies.  If the requirements of this section are met, the Director shall approve the plan, inform the applicant and issue a permit.  If the conditions are not met, the Director shall inform the applicant, in writing, and may either require needed information or disapprove the plan.  Within 30 days of receipt of needed information, the Director shall again determine if the plan meets the requirements of this section.  If the plan is disapproved, the Director shall inform the applicant, in writing, of the reasons for the disapproval.

(d)Permits.  l.  Duration.  Permits shall be valid for a period of 180 days or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance.  The Director of Public Works may extend the period one or more times for up to an additional 180 days.  The Director may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this section.

2.Permit Conditions.  All permits shall require the permittee to:

a.Notify the Director within 48 hours of commencing any land disturbing activity.

b.Notify the Director of the completion of any control measures within 48 hours after their installation.

c.Obtain permission, in writing, from the Director prior to modifying the control plan.

d.Install all control measures as identified in the approved control plan.

e.Maintain all road drainage systems, storm water drainage systems, control measures and other facilities identified in the control plan.

f.Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities.

g.Inspect the construction control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs.

h.Allow the Director to enter the site for the purpose of inspecting compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan.

i.Keep a copy of the control plan on the site.

(9)INSPECTION.  The Director of Public Works shall inspect construction sites at times appropriate to stages of construction.  If land disturbing or land development activities are being carried out without a permit, the Director shall enter the land pursuant to the provisions of §§66.122 and 66.123, Wis. Stats.

(10)ENFORCEMENT.  (a)  The Director of Public Works may post a stop?]work order if:

l.Any land disturbing or land developing activity regulated under this section is being undertaken without a permit; or

2.The control plan is not being implemented in a good faith manner; or

3.The conditions of the permit are not being met.

(b)If the permittee does not cease the activity or comply with the control plan or permit conditions within 48 hours, the Director has the power to revoke the permit.

(c)If the landowner or land user, where no permit has been issued, does not cease the activity within 48 hours, the Director may request the Village Attorney to obtain a cease and desist order.

(d)The Director or the Village Board may retract the stop?]work order or the revocation.

(e)Forty eight hours after posting a stop?]work order, the Director may issue a notice of intent to the permittee or landowner or land user of the Village’s intent to perform the work necessary to comply with this section.  The Village or agents of the Village may go on the land and commence the work after 48 hours from issuing the notice of intent.  The costs of the work performed by the Village plus interest at the rate authorized by the Village Board shall be billed to the permittee or the landowner.  In the event a permittee or landowner fails to pay the amount due, the Clerk?]Treasurer shall enter the amount due on the tax roll and shall collect as a special assessment against the property, pursuant to §66.60(16), Wis. Stats.

(f)Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than $10 nor more than $1,000 and the costs of prosecution for each violation.  Each day a violation exists shall constitute a separate offense.

(g)Compliance with the provisions of this section may also be enforced by injunction.

(11)APPEALS.  (a) Board of Zoning Appeals.  The Board of Zoning Appeals, created pursuant to sec. 17.25 of this chapter, pursuant to §62.23(7)(e), Wis. Stats.

(b)Who May Appeal.  Any applicant, permittee, landowner or land user may appeal any order, decision or determination made by the Director in administering this section.

17.19 TRAFFIC, PARKING AND ACCESS.  (1) LOADING REQUIREMENTS

In all business and industrial districts adequate loading areas shall be provided so that all vehicles loading, maneuvering or unloading are completely off the public ways and so that all vehicles need not back onto any public way.

(2)PARKING REQUIREMENTS.  In all districts and in connection with every use, except in the C?]1 General Commercial District, there shall be provided at the time any use or building is erected, enlarged, extended or increased off?]street parking stalls for all vehicles in accordance with the following:

(a)Access.  Adequate access to a public street shall be provided for each parking space, and driveways shall be at least 10 feet wide for one?] and 2?]family dwellings and a minimum of 24 feet for all other uses.

(b)Size.  The size of each parking space shall be not less than 10 feet by 20 feet, exclusive of the space required for ingress and egress.

(c)Location.  The location is to be on the same lot as the principal use or not over 400 feet from the principal use.  No parking stall or driveway, except in residential districts, shall be closer than 25 feet to a residential district lot line or a street line opposite a residential district.

(d)Surfacing.  All off?]street parking areas shall be graded and hard surfaced so as to be dust?]free and properly drained. Hard surfaced shall be defined as concrete, asphalt or brick paving. Any parking area for more than 5 vehicles shall have the aisles and spaces clearly marked.

(e)Curbs or Barriers.  Curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot line.

(f)Number of Parking Stalls Required.

1. Single?] and 2?]family dwellings and mobile homes           2 stalls/dwelling unit

2. Multi?]family dwellings            2 stalls/dwelling unit

3. Hotels and motels            1 stall/guest room plus 1 stall/3 employees

4. Hospitals, clubs, lodges, sororities, dormitories, lodging and boarding houses           1 stall/2 beds plus
            1 stall/3 employees

5. Sanitariums, institutions, rest and nursing homes           1 stall/2 beds plus 1 stall/3 employees

6. Medical and dental clinics            3 stall/2 beds plus 1 stall/employee

7. Churches, theaters, auditoriums, community centers, vocational and night schools and other places of public assembly          1 stall/5 seats

8. Colleges, secondary and elementary schools           1 stall/2 employees plus 1 stall/student auto
            permitted

9. Restaurants, bars, places of entertainment, repair shops, retail and service stores
1 stall/150 square feet of floor area

10. Manufacturing and processing plants, laboratories and warehouses           1 stall/2 employees

11. Financial institutions and businesses, governmental and professional offices           1 stall/200 square feet of floor area plus 1 stall/2 employees

12. Funeral homes            1 stall/4 seats plus 1 stall/vehicle used in the business

13. Bowling alleys            5 stalls/alley

In the case of structures or uses not mentioned, the provision for a use which is similar shall apply.

Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use.

Parking stalls are not required to be provided in the C?]1 District, but when they are provided, they shall conform to requirements of size, access, surfacing and barriers, but not number of stalls or location as specified above.

(3)DRIVEWAYS.  All driveways installed, altered, changed, replaced or extended after the effective date of this chapter shall meet the following requirements:

(a)Openings for vehicular ingress and egress shall not exceed 24 feet at the street line and 30 feet at the roadway.  This requirement shall not apply in the following zoning districts:

1.  C?]1 General Commercial District.

2.  C?]2 Highway Commercial District.

3.  M?]1 Limited Industrial District.

(b)Vehicular entrances and exits to drive?]in banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall be not less than 100 feet from any pedestrian entrance or exit to a school, church, hospital, park, playground, library or public emergency shelter.

(c)All driveways must be hard surfaced, and constructed prior to occupancy.  See also Section 17.19(2)(d) and (e).  Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a publicroadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides.

(4) HIGHWAY ACCESS.  No direct private access shall be permitted to the existing or proposed rights of way of any controlled access arterial street without permission of the highway agency that has access control jurisdiction.

17.20 PERFORMANCE STANDARDS, COMPLIANCE

This chapter permits specific uses in specific 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.

(1)AIR POLLUTION.  No activity shall emit any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or property.  No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas, nor any color visible smoke equal to or darker than No. 2 on the Ringlemann Chart described in the United States Bureau of Mine’s Information Circular 7718 in the industrial districts.

(2)FIRE AND EXPLOSIVE HAZARDS.  All activities involving the manufacturing, utilization, processing or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and with adequate firefighting and fire?]suppression equipment and devices that are standard in the industry.  All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system.

(3)GLARE AND HEAT.  No unsanctioned activity shall emit glare or heat that is visible or measurable outside its premises, except activities in the industrial districts which may emit direct or sky?]reflected glare which shall not be visible outside their district.  All operations producing intense glare or heat shall be conducted within a completely enclosed building.  Exposed sources of light shall be shielded so as not to be visible outside their premises.

(4)LIQUID OR SOLID WASTES.  No activity shall discharge at any point onto any land or into any water or public sewer any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or offensive elements; can overload the existing municipal utilities; or can injure or damage persons or property.

(5)NOISE AND VIBRATION.  There shall be no noise or vibration over 70 decibels emanating from any unsanctioned activities beyond the boundaries of the immediate site determined to be a nuisance by the Building Inspector.  Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this section.

(6)ODORS.  No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside their premises.

(7)RADIOACTIVITY AND ELECTRICAL DISTURBANCES.  No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

17.201 ARCHITECTURAL CONTROL (Cr. Ord. #10?]98)

(1) PURPOSE.  The purpose of the Architectural Review Board (A.R.B.) is to regulate the exterior design, appearance, use and location of structures, consistent with the provisions of this Chapter, in such a manner as to preserve and enhance values and maintain harmonious relationships among structures.

(2) ARCHITECTURAL REVIEW BOARD.  The Architectural Review Board will consist of 3 members of the Planning Commission with 2 alternates also from the Planning Commission.  These will be appointed by the Village President and approved by the Village Board for a one year term.  They will report to the Planning Commission on findings and recommendations allowing the Planning Commission to either approve or disapprove plans.

(3)PRINCIPLES To implement and define criteria for the purpose set forth in this Chapter, the following principles are established:

(a)No building shall be permitted, the design or exterior appearance of which is of unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.

(b)No building shall be permitted, the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony or drabness.

(c)No building shall be permitted where any exposed facade is constructed or faced with a finished material which is aesthetically incompatible with the other facades and which presents an unattractive appearance to the public and to surrounding properties.

(d)No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area, or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.

(e)Accessory structures for single?]family, 2?]family, 3-family and multi-family buildings shall be of a similar architectural appearance and material as the primary building on the property.

(4)ADMINISTRATION.  The Zoning Administrator shall require the each zoning permit application be accompanied by the following for review by the Architectural Review Board.

  • Three sets of building plans.
  • A list of all materials and colors to be used on the exterior.
  • Three plot plans with all buildings, driveway(s), parking areas, top of basement wall or slab on grade elevations and green space.
  • An erosion control plan to be in effect during and after construction until lawn is established.

All applicants turned in by the second Monday of every month will be reviewed by the A.R.B. and presented to the full Planning Commission on the third Monday of the month either for approval or recommendations.

(5)REVIEW AND FINDINGS. The exterior of no structure, where permits are required, shall not be altered, placed or erected on any lot until the building plans, specifications, and site plan showing the location thereof have been approved in writing by the Architectural Review Board. Such review shall be as to size, quality, materials, harmony of exterior design and colors with existing and planned structures, and as to location with respect to topography, neighboring structures, setbacks, finished grade elevations, driveway(s), landscaping or other natural characteristics of the affected lot, adjacent lots and improvements thereon.  The Planning Commission shall review the referred plans and prepare the comments and recommendations of the Building Inspector and Architectural Review Board to approve or disapprove of the plans. The Planning Commission shall not approve any building plans unless it finds, by a preponderance of the evidence after viewing the application, that the structure, as planned, will not violate the principles set forth in sub. (3) above.

(6)APPEALS.  Any person aggrieved by any decision of the Planning Commission related to architectural control may appeal the decision to the Village Board.  Such appeal shall be filed with the Clerk?]Treasurer within 30 days after filing of the decision with the Zoning Administrator.

17.211 COMMUNICATION TOWERS AND ANTENNAS

(1) DEFINITIONS.

  • Alternative Tower Structure. Man-made structures such as clock towers, bell steeples, light poles and similar mounting structures.
  • Antenna.  Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
  • Backhaul Network.  The lines that connect a provider’s tower/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switch telephone network.
  • Collocation.  The provisions of multiple antennas or more than one commercial wireless communications service provider or government entity on a single tower or structure.
  • FAA.  Federal Aviation Administration
  • FCC.  Federal Communications Commission
  • Height.  When referring to a tower or other structure, the distance measured from the grade to the highest point on the tower or other structure, including the base pad.
  • Personal Communications Service (PSC).  The provider of personal wireless service as defined in Sec.704 of the telecommunications Act of 1996, 47 U.S.C. par. 332 and as the same amended from time to time.
  • Personal Wireless Facilities.  Transmitters, antenna structures and other types of installations used to provide personal wireless services.
  • Pre-Existing Towers/Antennas.  Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section.
  • Tower.  Any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.  The term includes the structure and support thereto.
  • STANDARDS AND EXCEPTIONS.
    • Applicability.

1. New Towers and Antennas.  All towers or antennas constructed after passage of this section shall be subject to all applicable standards of this section.

2. Pre-existing Towers and Antennas.  Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section other than the requirements of par. (b) below.  Any such towers or antennas shall be referred to hereinafter as “pre-existing towers” or “pre-existing antennas.”

3. Amateur radio and Receive-Only Antennas.  This section shall not apply to any tower or installation of any antenna that is under 70 feet in height and is owned by a Federally licensed amateur radio station operator or is used exclusively for a receive-only antenna.

  • General Requirements.

1. Building Codes, Safety Standards.  To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.  If, upon inspection, the building inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, upon notice being provided to the owner of a tower, the owner shall immediately bring such tower into compliance with such standards.  Failure to bring such tower immediately into compliance shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

2. State or federal Requirements.  All towers shall meet or exceed     standards and regulations of the FCC, the FAA and any other agency of the State or Federal government with the authority to regulate towers and antennas.

3. Collocation.

a. Any proposed telecommunication tower and tower site shall be designed in all respects so as to accommodate collocation of the applicant’s antennas and at least 2 additional users.  Towers and tower sites shall be designed to allow for future rearrangement of antennas upon the tower, to accept antennas mounted at varying heights, and to accommodate supporting buildings and equipment.

b. The holder of a permit for a tower shall permit collection for at least 2 additional users and shall not make access to the tower and tower site for an additional user economically unfeasible.  If an additional user demonstrates, through an independent arbitrator or other permitted means, that the holder of a tower permit has made access to such tower and tower site economically unfeasible, the permit shall become null and void.

4. Antenna Height.   Antenna height shall not be restricted provided such device is installed and maintained in accordance with applicable State and local building codes and in compliance with current standards of the FAA, FCC and any other agency of the State or Federal governments with the authority to regulate antennas.

5. Tower Height. 180 feet maximum.

6. Separation Between Towers.  Separation distance between towers shall be applicable for a proposed tower and any preexisting towers.  The separation distance shall be measured by a straight line between the base of an existing tower and the base of a proposed tower.

NEW TOWER
TYPE
EXISTING TOWER TYPE
Lattice Guyed Monopole 75 ft.
in Height or
Greater
Monopole Less
than 75 Ft. in
Height
Lattice 5000 Ft. 5000 Ft. 1500 Ft. 750 Ft.
Guyed 5000 Ft. 5000 Ft. 1500 Ft. 750 Ft.
Monopole Less
Than 75Ft. in
Height
1500 Ft. 1500 Ft. 1500 Ft. 750 Ft.
Monopole Greater
Than 75 Ft. in Height
750 Ft. 750 Ft. 750 Ft. 750 Ft.

7. Availability of Suitable Existing Towers, Other Structures or Alternative Technology.  No new tower shall be permitted unless the applicant demonstrates that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna.  Evidence submitted to determine that no existing tower, structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following:

  • No existing towers or structures are located within the geographic area which meet the applicant’s engineering requirements.
  • Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.
  • Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment.
  • The proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the proposed antenna.
  • The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.  Costs exceeding new tower development are presumed to be unreasonable.
  • The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
  • The applicant demonstrates that an alternative technology that does not require the use of towers or powered transmitters/receivers attached to a wire line system is unsuitable.  Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

8.Aesthetics.

  • Towers shall maintain either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a light gray so as to reduce visual obtrusiveness and blend into the natural setting and built environment.
  • At a tower site, the design of the building and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.
  • If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

9. Lighting.  Towers shall not be artificially illuminated unless required by the FAA or any other applicable authority.  If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to the surrounding views.

10. Fencing.  A tower shall be enclosed by security fencing not less than 8 feet in height and secured so that it is not accessible by the general public.  Fence design, materials and colors shall reflect the character of the surrounding area.

11. Landscaping.A buffer of plant materials to effectively screen the tower compound from public view and from adjacent properties shall be provided.  The minimum buffer shall consist of a landscape strip of at least 5 feet in width outside the perimeter of the tower compound.  Existing mature tree growth and natural landforms shall be preserved to the maximum extend possible.  In some cases, such as towers placed on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

12. Accessory Equipment and Buildings.  The equipment cabinet or structure used in association with an antenna shall be suited in accordance with the development standards of the underlying zoning district.  Equipment cabinets or structures shall be screened from view by an evergreen hedge or other suitable landscape treatments, except where the use of nonvegetative screening would better reflect and complement the architectural character of the surrounding neighborhood.

13. Signs.  No signage or advertising is permitted to be placed on a wireless communication tower.

(3.) Permitted Uses.  The installation of a tower or antenna as follows:

a.)Antennas or Existing Tower.  The attachment of a new antenna on an existing tower may be permitted to minimize adverse visual impacts associated with the proliferation and clustering of the towers provided that:

  • The height of the existing tower is not increased.
  • No building addition is required.

b.)Cable Microcell Network.  The installation of a cable microcell network may be permitted through the use of multiple low-powered transmitters/receivers attached to existing wireline systems such as conventional cable or telephone wires or similar technology that does not require the use of towers.

(4.) Conditional Uses.  The installation of towers and antennas, including the placement of accessory equipment or buildings, may be permitted by conditional use permit in all M-2 Manufacturing Districts.  In addition to the standards identified in this section, any request for a conditional use permit shall also comply with the standards identified by sec.17.211 of this chapter.

(5.) Removal of Abandoned Antennas and Towers.  An antenna or tower that that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Village notifying the owner of such abandonment.  Failure to remove the antenna or tower within 90 days shall be grounds to remove the antenna or tower at the owner’s expense.  If there are 2 or more users of a single tower, the provisions shall not become effective until all users cease using the tower.

17.22  ZONING PERMIT REQUIRED

No building or structure, or any part thereof, shall hereafter be built within the Village unless a permit therefor shall first be obtained by the owner or his agent from the Zoning Administrator.  No construction shall be commenced prior to the issuance of such permit.  Commencement of construction shall include such acts as beginning excavation or constructing forms for cement work.  See ch. 14 of this Code.

17.23 CERTIFICATE OF OCCUPANCY

(1) CERTIFICATE REQUIRED.  No vacant land shall be used or occupied for other than an approved use in the zoning district in which it is located and no building hereafter moved into or relocated within the Village shall be so occupied or used until a certificate of occupancy shall have been issued by the Building Inspector.  Such certificate shall show that the building or land or part thereof and the proposed use thereof are in conformity with the provisions of this chapter.  Such certificate shall be issued only when the building or land and the proposed use thereof conform with all the requirements of this chapter.  No such certificate shall be required for any property for which a valid zoning permit providing for such use or occupancy exists.

(2)APPLICATION FOR CERTIFICATE.  Application for such certificate shall be made to the Building Inspector, in writing, on such form and containing such information as the applicant deems sufficient to advise such Inspector of his request.  After reviewing such application, the Inspector may require such additional information as he deems necessary.

(3)TEMPORARY CERTIFICATE.  The Board of Zoning Appeals is hereby authorized to hear and rule on appeals from the denial of such certificates by the Building Inspector and, upon such terms and with such conditions as it deems proper, may authorize the Building Inspector to issue a temporary certificate for a limited period of time.

(4)FEES.  The fee shall be $10.

17.24 PLAN COMMISSION

(1) MEMBERSHIP (Am. Ord. #6?]98).  The Plan Commission shall consist of 7 members who shall receive such compensation as the Village Board determines.  One member shall be the Village President who shall be the Chairperson.  Two members shall be Trustees elected for staggered 2 year terms by a 2/3 vote of the Village Board the first week in May.  One member shall be the Director of Public Works.  The other members shall be citizens of recognized experience and qualifications appointed by the Village President, subject to confirmation by the Village Board; the citizen members shall serve for staggered 3 year terms with each term commencing in the first week in May.

(2)POWERS AND DUTIES.  The Plan Commission shall have the powers and duties prescribed in §62.23, Wis. Stats., and such other powers and duties as shall be vested in the Commission from time to time by the Village Board.

17.25 BOARD OF ZONING APPEALS

(1) MEMBERSHIP.  (a)  The Board of Zoning Appeals shall consist of 5 members appointed by the Village President, subject to confirmation by the Village Board, for staggered terms of 3 years.  Two alternate members shall be appointed by the Village President for terms of 3 years and shall act only when a regular member is absent or refuses to vote because of interest.

(b)Officers.  The Village President shall designate the Chairman of the Board.  The Clerk?]Treasurer or Deputy Clerk shall serve as Secretary to the Board.

(2)APPEALS TO BOARD.  (a) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Village affected by any decision of the administrative officers.  Such appeal shall be taken within 30 days from either the date of actual notice of said decision to the person aggrieved or from the date of the mailing of a copy of said decision to him, whichever is earlier, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof.  Filing with the Board shall be accomplished by filing with the Clerk?]Treasurer.

(b)The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

(c)The Board shall fix a reasonable time for the hearing of the appeal and shall give public notice thereof by publication once in the Village’s official newspaper, said publication to be not less than 5 days before said hearing nor more than 15 days before said hearing and shall give notice to the parties in interest and shall decide the same within a reasonable time.

(d)A filing fee shall accompany each such appeal and no such appeal shall be deemed properly filed unless said fee is paid.  See fee schedule on file in Village Clerk/Treasurer’s Office.

(3)POWERS OF BOARD.  The Board shall have the following powers:

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

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

(c)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, 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.

(d)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.

(e)The Board 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 in the premises and to that end shall have all the powers of the administrative official.  The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement 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.

(4)OTHER POWERS.  In addition to the foregoing, the Board shall have the following specific powers:

(a)To grant a permit for a temporary building for commerce or industry in a residential district which is incidental to the residential development, such permit to be issued for a period of not more than 6 months.

(b)To grant a permit for the extension of a district boundary for a distance of not more than 25 feet where the boundary of a district divides a lot in single ownership at the time of the adoption of this chapter.

(c)To permit the temporary storage, as defined herein, of an item otherwise prohibited under section 17.03 of this chapter.

(d)To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan as shown on the Official 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.

(e)The Board shall have the power to call on any other Village department for assistance in the performance of its duties and it shall be the duty of such other department to render such assistance as may be reasonably required.

(5) POWERS LIMITED.  Except as specifically provided, no action of the Board shall have the effect of permitting in any district uses prohibited in such district; nor shall such Board be permitted to take any action which would, in effect, create a buildable lot smaller than the minimum lot size or area otherwise required by the Village.

17.26 CHANGES AND AMENDMENTS

(1) AUTHORITY.  Whenever the public necessity, convenience, general welfare or good zoning practice require, the Village may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto.  Such change or amendment shall be subject to the review and recommendation of the Plan Commission.

(2)INITIATION.  A change or amendment may be initiated by the Village Board, the Plan Commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(3)PETITIONS.  Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Clerk?]Treasurer and shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

(a)A plot plan 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 200 feet of the area proposed to be rezoned.

(b)The owners’ names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.

(c)Additional information required by the Plan Commission.

(d)Refer to fee schedule on file in Village Clerk/Treasurer’s Office.

(4)RECOMMENDATIONS.  The Plan Commission shall hold a public hearing as provided for in §62.23(7)(d), Wis. Stats., and review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied.  The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the Village Board.

(5)VILLAGE BOARD ACTION.  After careful consideration of the Plan Commission recommendations, the Village Board shall vote on the passage of the proposed change or amendment.  If the Village Board denies the proposed change or amendment, a similar petition for such change or amendment may not be submitted for a period of one year.

(6) PROTEST.  In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the members of the Village Board voting on the proposed change.

17.27 ENFORCEMENT

(Am. Ord. #3?]98).  It shall be the duty of the Zoning Administrator, with the aid of the Police Department, to enforce the provisions of this chapter.

17.28 VIOLATION AND PENALTIES

Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall forfeit a sum of not less than $10 nor more than $200, together with the costs of prosecution, and, in case of nonpayment of such forfeiture, shall be imprisoned in the County Jail for a term of not more than 30 days or until such judgment is paid, and each day of violation shall constitute a separate offense.

CHAPTER 19 – SUBDIVISION AND PLATTING (Recodified Ord. #1-04)

Village of Random Lake Ordinance
CHAPTER 19
SUBDIVISION AND PLATTING
(Recodified Ord. #1-04)

19.01 INTRODUCTION

(1) AUTHORITY. These regulations are adopted under the authority granted by §236.45, Wis. Stats.

(2) PURPOSE. The purpose of this chapter is to regulate and control the division of land within the corporate limits of the Village and its extraterritorial plat approval jurisdiction in order to promote the public health, safety, morals, prosperity, aesthetics and general welfare of the Village and its environs.

(3) INTENT. It is the general intent of this chapter to regulate the division of land so as to:

  • (a) Obtain the wise use, conservation, protection and proper development of the Village’s soil, water, wetland, woodland and wildlife resources and attain a proper adjustment of land use and development to the supporting and sustaining natural resource base.
  • (b) Lessen congestion in the streets and highways.
  • (c) Further the orderly layout and appropriate use of land.
  • (d) Secure safety from fire, panic and other dangers.
  • (e) Provide adequate light and air.
  • (f) Facilitate adequate provision for housing, trans­portation, water supply, storm water, wastewater, schools, parks, playgrounds and other public facilities and services.
  • (g) Secure safety from flooding, water pollution, dis­ease and other hazards.
  • (h) Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control projects.
  • (i) Prevent and control erosion, sedimentation and other pollution of surface and subsurface waters.
  • (j) Preserve natural vegetation and cover, and promote the natural beauty of the Village.
  • (k) Restrict building sites in areas covered by poor soils or in other areas poorly suited for development.
  • (l) Facilitate the further division of larger tracts into smaller parcels of land.
  • (m) Ensure adequate legal description and proper survey monumentation of subdivided land.
  • (n) Provide for the administration and enforcement of this chapter.
  • (o) Provide penalties for its violation.
  • (p) Implement those Village, County, watershed or regional comprehensive plans or their components adopted by the Village; in general, to facilitate enforcement of Village develop­ment standards as set forth in the adopted regional, County and Village comprehensive plans, adopted plan components, the Zoning Code, the Official Map and the Building Code of the Village.

(4) ABROGATION AND GREATER RESTRICTIONS. It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, agreements, rules, regula­tions or permits previously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, the pro­visions of this chapter shall govern.

(5) INTERPRETATION. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and 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.

(6) NONLIABILITY. The Village does not guarantee, warrant or represent that those soils listed as being unsuited for specific uses are the only unsuitable soils in the Village and its extraterritorial plat review jurisdiction. Furthermore, the Vil­lage does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inunda­tion. The Village hereby asserts that there is no liability on the part of the Village, its agencies or its employes for sanita­tion problems, structural damage or flood damages that may occur as a result of reliance upon and conformance with this chapter.

19.02 GENERAL PROVISIONS

(1) JURISDICTION. Jurisdiction of these regulations shall include all lands within the corporate limits of the Village and those lands within the extraterritorial jurisdiction of the Village as established in §§61.35, 62.23(2) and 66.0105, Wis. Stats., i.e., within 1-1/2 miles of the corporate limits of the Village. The provisions of this chapter, as it applies to divisions of tracts of land into less than 2 or more parcels of 5 acres each or less, shall not apply to the following:

(a) Transfers of interests in land by will or pursuant to court order.

(b) Leases for a term not to exceed 10 years, mortgages or easements.

(c) Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by these regulations, the zoning ordinances or other applicable laws or ordinances.

(d) Cemetery plats made under §157.07, Wis. Stats.

(e) Assessors’ plats made under §70.27, Wis. Stats., but such assessors’ plats shall comply with §§236.15(1)(a) to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.

(2) COMPLIANCE. No person shall divide any land located within the jurisdictional limits of these regulations so that such division results in a subdivision, minor land division or replat as defined herein; no such subdivision, minor land division or replat shall be entitled to recording; and no street shall be laid out or improvements made to land without compliance with all requirements of this chapter and the following:

(a) Chapter 236, Wis. Stats.

(b) Rules of the Wisconsin Department of Commerce regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made.

(c) Rules of the Wisconsin Department of Transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the subdivider abuts on a State trunk highway or connecting street.

(d) Rules of the Wisconsin Department of Natural Resources setting water quality standards preventing and abating pollution and regulating development within floodland, wetland and shoreland areas.

(e) Duly approved comprehensive plan or area develop­ment plans of the Village.

(f) The Zoning Code and all other applicable local and County ordinances.

(g) A developer’s or subdivider’s agreement between the Village and the developer or subdivider.

(3) DEDICATION AND RESERVATION OF LANDS. (a) Streets, Highways and Draina eways.Whenever a tract of land to be divided encompasses all or any part of an arterial street, public drain­ageway or other public way which has been designated in the General Plan, area development plan or on the Official Map of the Village, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in sec. 19.08 of this chapter. Streets within the extraterritori­al plat review jurisdiction of the Village shall be dedicated by the subdivider to the appropriate town. Should the town require less dedication than is specified by sec. 19.08 of this chapter or by the Official Map, the excess right of way shall be reserved for future acquisition by the Village.

(b) Other Public Sites.Whenever a proposed park or other public land other than streets or drainageways designated in the comprehensive plan, the Official Map or adopted plan components of the Village is embraced, all or in part, in a tract of land to be subdivided, these proposed public lands shall be made a part of the plat and shall be reserved by the subdivider for a period not to exceed 2 years unless released by the Village or extended by mutual agreement for acquisition by the Village at undeveloped land costs. In the event the subdivider and the Vil­lage cannot agree on the sale price, the Village shall commence condemnation or release the land.

(4) IMPROVEMENTS. Before final approval of any plat, the subdivider shall enter into an agreement with the Village to install the required improvements and shall file with the subdi­vider’s agreement an irrevocable letter of credit or other appro­priate sureties meeting the approval of the Village Attorney equal to the estimated cost of the improvements. Improvement cost esti­mates shall be made by the developer, reviewed by the Director of Public Works and approved by the Village Board. The improvements may be installed after approval of a preliminary plat or certified survey map by the subdivider or his subcontractors, but not later than provided in the subdivider’s agreement. The subdivider’s agreement shall specify a completion date for all improvements. In addition:

(a) Plans and specifications for all improvements shall be reviewed and approved by the Director of Public Works, in writ­ing, prior to commencement of construction. The subdivider may submit an interim final plat with the improvement plans; however, review and approval of a final plat shall not be initiated until the improvement plans have been reviewed and approved and until the subdivider’s agreement has been fully executed.

(b) Contracts and contract specifications for the con­struction of street and utility improvements on dedicated street rights of way, as well as the contractors and subcontractors, pro­viding such work shall be subject to the prior written approval of the Director of Public Works in accordance with Village standards and specifications.

(c) Governmental units to which these bond and contract provisions apply may file, in lieu of said contract and bond, a letter-from officers authorized to act on their behalf agreeing to comply with the provisions of this section.

(d) Before final approval of any plat within the Vil­lage or its extraterritorial jurisdictional limits, the subdivider shall install survey monuments placed in accordance with the requirements of §236.15, Wis. Stats., and as may be required by the Director of Public Works.

(e) Prior to the acceptance of a final plat, the subdi­vider shall furnish, when required by the Village, a consent and waiver of the statutory provisions for special assessments for the installation of sanitary sewer, storm sewer, sewer laterals, water main, water laterals, curb and gutter, sidewalks, street surfac­ing, underground street lighting services and all other utilities, which shall be in a form approved by the Village Attorney, pursu­ant to §66.0703(7)(b), Wis. Stats., and shall be recorded in the office of the Register of Deeds in the same manner as a lis pendens. Such consent and waiver shall provide that the installa­tion of such services shall be made at the discretion of the Vil­lage Board.

(5) VARIANCES. (a) General.Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of sub. (6) below and secs. 19.08 and 19.09 of this chapter because exceptional or undue hardship would result, the Village Board may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted unless the Village Board finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:

1. Exceptional Circumstances. There are exceptional, extraordinary or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed.

2. Preservation of Property Rights. That such variance is necessary for the preservation and enjoyment of sub­stantial property rights possessed by other properties in the same vicinity.

3. Absence of Detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(b) Monuments. The Village Board may waive the placing of monuments, required under §236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable time on condition that the subdivider execute a surety bond or irrevocable letter of credit to insure the placing of such monuments within the required time limits established by the Village.

(6) LAND SUITABILITY. No land shall be subdivided for resi­dential use which is determined to be unsuitable for such use by the Village Board for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography or any other feature likely to be harmful to the health, safety or wel­fare of the future residents of the proposed subdivision or of the Village. The Village Board, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for residen­tial use and afford the subdivider an opportunity to present evi­dence regarding such unsuitability if he so desires. Thereafter the Village Board, upon the recommendation of the Plan Commission, may affirm, modify or withdraw its determination of unsuitability.

(7) APPEALS. Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such objection or fail­ure to approve as provided in §236.13(5), Wis. Stats., within 30 days of notification of the rejection of the plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action.

19.03 DEFINITIONS

The terms used in this chapter shall be defined as follows:

(1) AREA DEVELOPMENT PLAN. A map adopted by the Village Board indicating the physical layout of future streets, alleys, cul-de-sacs, drainage ways and easements.

(2) ALLEY. A public or private way which provides secondary access to a lot, block or parcel of land.

(3) BLOCK. A parcel, lot or group of lots existing within well-defined and fixed boundaries, usually being an area surround­ed by streets or other physical barriers and having an assigned number, letter or other name through which it may be identified.

(4) BUILDING SETBACK LINE. The distance from the boundaries of a lot or center line of a street within which structures or buildings shall not be erected.

(5) CERTIFIED SURVEY MAP. A map of a subdivision of land prepared in accordance with §236.34, Wis. Stats.

  • COMPREHENSIVE PLAN. The official guide for the physi­cal, social and economic growth of the Village of Random Lake or its constituent parts, properly enacted or adopted according to statute, which is now or may hereafter be in effect.
  • CONDOMINIUM.  The ownership of single units in a multi-unit structure or of single units on a tract with more than one such unit where the land or other common areas and facilities are owned jointly.

(8) CONSTRUCTION YEAR. A period of time commencing on Feb­ruary 1 and ending on the next January 31.

(9) CROSSWALK. A public right of way traversing a block for the purpose of providing pedestrian access.

(10) CUL-DE-SAC. A short minor street having one end open to motor traffic and the other end terminated by a vehicular turnaround.

(11) DEADEND STREET. A street having only one outlet for vehicular traffic and no vehicular turnaround.

(12) DEVELOPMENT. The act of constructing buildings or installing site improvements.

(13) DOUBLE FRONTAGE LOT. A lot having frontage on opposite property boundaries with public streets.

(14) EASEMENT. Any strip of land reserved by the subdivider for public utilities, drainage, sanitation or other specified uses having limitations, the title to which shall remain in the proper­ty owner, subject to the right of use designated in the reserva­tion of the servitude.

(15) FINAL PLAT. The map or drawing of a subdivision prepared in compliance with the provisions of Ch. 236, Wis. Stats., and any accompanying material as described in sec. 19.06 of this chapter.

(16) FRONTAGE. The length of the front property line of the lot, lots or tract of land abutting a public street, road, highway or rural right of way.

(17) GRADIENT. The slope of a road, street or other public way specified as a percentage.

(18) IMPROVEMENTS, PUBLIC. Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, parkway, sidewalk, pedestrian way, planting strip, off-street parking area or other facility for which the local municipality may ultimately assume the responsi­bility for maintenance and operation.

(19) LIMITED ACCESS EXPRESSWAY OR FREEWAY. A trafficway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same except only at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

(20)LOCAL UNIT. A local unit in this chapter include the County as well as towns, villages and cities.

(21) LOT. A buildable parcel of land represented and identi­fied in a subdivision, as defined in sub. (41) below.

(22) LOT SPLIT. A division of land other than a subdivision.

(23) NEIGHBORHOOD UNIT. A residential living environment where the internal street system discourages through traffic and where major thoroughfares preferably bound the neighborhood and to provide maximum pedestrial accessibility to centrally locate com­munity buildings, schools and playgrounds. Local shops to meet daily household needs are grouped together at accessible points providing a harmony of design and development.

(24) OFFICIAL MAP. The map of the Village adopted pursuant to the Wisconsin Statutes showing streets, highways, parkways, parks and playgrounds and the exterior lines of planned new streets, highways, parkways, parks or playgrounds.

(25) OUTLOT. A parcel of land, other than a lot or block, so designated on the plat. A remnant parcel of land not to be used for building purposes.

(26) PLAT. A map of a subdivision.

(27) PRELIMINARY PLAT. A map showing the salient features of a proposed subdivision submitted to the Village Board for purposes of preliminary consideration.

(28) REPLAT. The changing of the boundaries of a recorded subdivision plat or part thereof.

(29) REVERSE FRONTAGE LOTS. Corner lots with no provision for extra width to permit side yard to be the same as the front yard on that side.

(30) RIGHT OF WAY. A strip of land occupied or intended to be occupied for a special use. Rights of way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established. The usage of the term “right of way” for land platting purposes shall mean that every right of way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels.

(31) ROADWAY. The surface portion of the street available for vehicular traffic.

(32) SERVICE DRIVE. An approved public street generally par­alleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating ingress and egress to the right of way and providing safe and orderly points of access at fairly uniformly spaced intervals.

(33) SEWAGE DISPOSAL SYSTEM, INDIVIDUAL. A septic tank seep­ age tile sewerage disposal system or any other sewerage treatment device approved by the Building Inspector as being in accordance with the rules of the Department of Health and Social Services and the Department of Natural Resources and servicing only one build­ing site.

(34) SEWERED AREA. An area in the Village which, in the opinion of the Village Board, may be readily and feasibly served by sewer and water extensions to existing sewer and water systems.

(35) SIDEWALK. That portion of a street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only.

(36) STREET. Includes all access ways in common use such as streets, roads, lanes, highways, avenues, boulevards, alleys, parkways, viaducts, circles, courts and cul-de-sacs and includes all of the land lying between the rights of way lines as delineat­ed on a plat showing such streets whether improved or unimproved, and whether dedicated for public use or held in trust under the terms of a reservation, but shall not include those access ways such as easements and rights of way intended solely for limited utility purposes such as for electric power lines, gas lines, telephone lines, water lines or drainage and sanitary sewers.

(37) STREET, ARTERIAL. A major, high capacity street designed to carry large volumes of traffic between various areas of the Village.

(38) STREET, COLLECTOR. A street which carries traffic from minor streets to the system of major streets and highways includ­ing the principal entrance streets of a residential development and the principal circulating streets within such a development.

(39) STREET, HALF. A street bordering one or more property lines of a tract of land in which the subdivider has allocated a part of the ultimate right of way width.

(40) STREET, MINOR OR LOCAL. A street of limited continuity used primarily for access to abutting properties and local needs of a neighborhood.

(41) SUBDIVIDER. A person commencing proceedings under the regulations of this chapter to effect a subdivision of land here­under for himself or others.

(42) SUBDIVISION. Any division of a lot, parcel or tract of land by the owner thereof or his agent for the purpose of sale or building development where:

(a) The act of division creates 2 or more parcels or building sites of 5 acres each or less- in area; or

(b) Two or more parcels or building sites of 5 acres each or less in area are created by successive divisions within a period of 5 years.

(43) SUBDIVISION DESIGN STANDARDS. The basic land planning standards established as guides for the preparation of plats.

(44) SURVEYOR. A land surveyor duly registered in the State.

(45) THOROUGHFARE. A street with a high degree of continu­ity, including collector streets, major arterial streets and lim­ited access highways.

19.04 LAND DIVISION PROCEDURE

(1) PREAPPLICATION. Prior to the filing of an application for the approval of a preliminary plat or certified survey map, it is recommended that the subdivid­er consult with the Plan Commission or the Director of Public Works in order to obtain their advice and assistance. This con­sultation is intended to inform the subdivider of the purpose and objectives of these regulations, other provisions of this Code, sewer and water availability, other engineering considerations, duly adopted Village plans, and to otherwise assist the subdivider in planning his development. In so doing, both the subdivider and the Plan Commission may reach mutual conclusions regarding the general objectives of the proposed development and its possible effects on the neighborhood and the community. The subdivider will also gain a better understanding of the subsequent required procedures.

(2) PRELIMINARY PLAT REVIEW. (a) Submission of Plats.Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The pre­liminary plat shall be prepared in accordance with this chapter and the subdivider shall comply with the procedures of §§236.11 and 236.12, Wis. Stats., and shall file an adequate number of copies of the plat and the application with the Clerk-Treasurer. The Clerk-Treasurer shall transmit copies, as appropriate, to agencies specified in §236.12, Wis. Stats., the Village Board mem­bers and the Plan Commission.

(b) Review of Plats.The Plan Commission shall trans­mit a copy of the preliminary plat to all affected boards, commis­sions or departments and, unless the subdivider has elected to submit directly to the State as provided in §236.12(6), Wis. Stats., to all affected local utility companies for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Village Board within 20 days from the date the plat is filed. The preliminary plat shall then be reviewed by the Plan Commission for conformance with this chapter and all ordinances, rules, regulations, general plan and general plan components which affect it, and the Plan Commission shall submit its recommendations to the Village Board within 60 days.

(3) PRELIMINARY PLAT APPROVAL. The objecting agencies shall, within 20 days of the date of receiving their copies of the preliminary plat, notify the subdivider and all other approving and objecting agencies of any objections. If there are no objec­tions, they shall so certify on the face of the copy of the plat and shall return that copy to the Clerk-Treasurer. If an object­ing agency fails to act within 20 days, it shall be deemed to have no objection to the plat. In addition:

(a) The Village Board shall, within 90 days of the date of the filing of a preliminary plat with the Clerk-Treasurer, approve, approve conditionally or reject such plat unless an extension of the review period is mutually agreed upon in writing. One copy of the plat shall thereupon be returned to the subdivider with the date and action endorsed thereon; and if approved condi­tionally or rejected, a letter of transmittal and a copy of the Village Board minutes setting forth the conditions of approval or the reasons for rejection shall accompany the plat. One copy each of the plat and letter shall be placed in the Clerk-Treasurer’s permanent file.

(b) Failure of the Village Board to act within 90 days shall constitute an approval of the plat as filed unless the review period is extended by mutual agreement.

(c) (Am. Ord. #14-98) Approval or conditional approval of a preliminary plat shall not constitute automatic approval of the final plat, except that if the final plat is submitted within 24 months of preliminary plat approval and conforms substantially to the preliminary plat as indicated in §236.11(1)(b), Wis. Stats., the final plat shall be entitled to approval.

(4) FINAL PLAT REVIEW. The subdivider shall submit a final plat and a letter of application in accordance with this chapter and §§236.11 and 236.12, Wis. Stats., and shall file an adequate number of copies of the plat and the application with the Clerk­Treasurer. In addition:

  • The Clerk-Treasurer shall transmit copies, as appropriate, to agencies specified in §236.12, Wis. Stats., and shall transmit the original final plat and 7 copies to the Village Board and 7 copies to the Plan Commission. A copy shall also be submitted to each public utility affected.

(b) The Plan Commission shall examine the final plat as to its conformance with the approved preliminary plat; any condi­tions of approval of the preliminary plat; this chapter and all ordinances, rules, regulations, general plan and general plan com­ponents which may affect it, and shall recommend approval, condi­tional approval or rejection of the plat to the Village Board.

(c) The final plat may, if permitted by the Village Board, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at that time.

(5) FINAL PLAT APPROVAL. The objecting agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the Plan Commission, which shall forward the copy to the Village Board. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat.

(a) Submission. If the final plat is not submitted within 6 months of the last required approval of the preliminary plat, the Village Board may reject the final plat, in writing, with reasons given.

(b) Plan Commission Recommendation. The Plan Commis­sion shall, within 30 days of the date of filing of the final plat with the Clerk-Treasurer, recommend approval or rejection of the plat and shall transmit the final plat and application, along with its recommendations, to the Village Board.

(c) Notification. The Plan Commission shall, at the time it recommends approval or rejection of a plat to the Village Board and at least 10 days prior to any action of the Village Board, give notice of its recommendation to the clerk of any municipality within 1,000 feet of the plat.

(d) Village Board Approval or Rejection.The Village Board shall, within 60 days of the date of filing the original final plat with the Clerk-Treasurer, approve or reject such plat unless the time is extended by agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a copy of the minutes, together with a letter of transmittal, shall be forwarded to the subdivider. The Village Board may not approve the final plat unless the Clerk-Treasurer certifies on the face of the plat that the copies were forwarded to objecting agencies as required herein, the date thereof, and that no objections have been filed within 20 days or, if filed, have been met.

(e) Timely Village Board Action Required. Failure of the Village Board to take action on the plat within 60 days, the time having not been extended and no unsatisfied objections having been filed, the plat shall be deemed approved.

(f) Consent and Waiver.Prior to the acceptance final plat, the subdivider shall furnish, when required by the Village, a consent and waiver of the statutory provisions for special assessment for the instillation-of sanitary-sewer, storm of a sewer, sewer laterals, water main, water laterals, curb and gut­ter, sidewalk, street surfacing, underground street lighting ser­vices and all other utilities, which will be in a form approved by the Village Attorney pursuant to §66.0703(7)(b), Wis. Stats., and shall be recorded in the office of the Register of Deeds in the same manner as a lis pendens. Such consent and waiver shall pro­vide that the installation of such services shall be made at the discretion of the Village Board.

(g) Recordation.After the final plat has been approved by the Village Board and required improvements either installed or a contract and sureties insuring their installation is filed, the Clerk-Treasurer shall cause the certificate inscribed upon the plat attesting to such approval to be duly exe­cuted and shall further cause the plat to be recorded within 30 days of its approval by the Village Board. The subdivider shall be responsible for the recording fee.

(h) Plat Copies.The subdivider shall file 10 certi­fied copies of the final plat with the Clerk-Treasurer for distri­bution to appropriate local agencies and offices.

(6) EXTRATERRITORIAL PLAT APPROVAL JURISDICTION. When the land to be subdivided lies within 1-1/2 miles of the corporate limits of the Village subject to the limitations of §66.0105, Wis. Stats., the subdivider shall proceed as specified in subs. (1) through (3) above, except:

(a) Transmittal responsibility lies with the clerk of the town or municipality to whom the plat is first submitted and the subdivider shall indicate which one in his application.

(b) Approval agencies shall be as specified in §236.10, Wis. Stats., and the subdivider must comply with the land subdivi­sion ordinances of the town in which the plat lies.

(c) Subdivider may proceed with the installation of such improvements and under such regulations of the town board of the town within whose limits the plat lies. Whenever connection to any utility of the Village is desired, permission for such con­nection shall be obtained from the Village Board. Village policy does not permit serving any individual outside its Village limits.

(d) All improvement requirements specified by the town in which the plat is located or any special improvement district shall be met before filing of the final plat.

(7) REPLAT. When it is proposed to replat a recorded subdi­vision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§236.40 through 236.44, Wis. Stats. The subdivider or person wishing to replat shall then proceed as specified in subs. (1)through (3) above. Court vacations of plats are required when areas dedicated to the public are altered. The Clerk-Treasurer shall schedule, within the time period specified in sub. (3) above for the Village Board to take action upon the plat, a public hear­ing before the Plan Commission when a preliminary plat or a replat of lands within the Village is filed, and shall cause notices of the proposed replat and public hearing to be mailed to the owners of all properties within the limits of the exterior boundaries of the proposed replat and to the owners of all properties within 200 feet of the exterior boundaries of the proposed replat.

(8) DIVISION OF LAND LESS THAN A SUBDIVISION. (a) When it is proposed to divide land into 2 parcels or building sites, any one of which is less than 5 acres in size, or when it is proposed to divide a block, lot or outlot into not more than 4 parcels or building sites within a recorded subdivision plat without changing the boundaries of said block, lot or outlot, the subdivider shall subdivide by use of a certified survey map. The subdivider shall prepare the certified survey map in accordance with this chapter and shall file 5 copies of the map and the letter of application with the Clerk-Treasurer at least 15 days prior to the meeting of the Plan Commission at which action is desired.

(b) The Clerk-Treasurer shall, within 2 working days after filing, transmit copies of the map and letter of application to Village Board members and the Plan Commission.

(c) The Plan Commission shall transmit a copy of the map to all affected boards, commissions, departments and all affected public utility companies for their review and recommenda­tions concerning matters within their jurisdiction. Their recom­mendations shall be transmitted to the Plan Commission within 10 days from the date the map is filed. The map shall be reviewed by the Plan Commission for conformance with this chapter and all ordinances, rules, regulations, general plan and general plan com­ponents which affect it. The Plan Commission shall, within 30 days from the date of filing of the map, recommend approval, con­ditional approval or rejection of the map, and shall transmit the map along with its recommendations to the Village Board.

(d) The Village Board shall approve, approve condition­ally or reject such map within 60 days from the date of filing of the map unless the time is extended by agreement with the subdi­vider. If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement supplied the subdi­vider. If the map is approved, the Village Board shall cause the Clerk-Treasurer to so certify on the face of the original map and return the map to the subdivider.

(e) The Clerk-Treasurer shall record the map with the County Register of Deeds within 10 days of its approval. The sub­divider shall be responsible for the recording fee.

(f) The subdivider shall file 5 certified copies of the certified survey map with the Clerk-Treasurer for distribution to appropriate local agencies and offices.

19.041 CONDOMINIUM PLAT

A Condominium plat submitted pursuant to §703.11 of the Wisconsin Statutes shall be filed with Village Clerk at the Village Clerk’s Office.

19.05 PRELIMINARY PLAT

(1) GENERAL REQUIREMENTS. A pre­liminary plat shall be required for all subdivisions and shall be based upon a survey by a registered land surveyor. The plat shall be prepared on tracing cloth, reproducible drafting film or paper of good quality at a map scale of not more than 100 feet to the inch and shall show correctly on its face the following informa­tion:

(a) Title or name under which the proposed subdivision is to be recorded. Such title shall not be the same or similar to a previously recorded plat within Sheboygan County unless it is an addition to a previously recorded plat and is so stated on the plat.

(b) Property location of a proposed subdivision by gov­ernment lot, quarter section, township, range, county and State.

(c) Date, graphic scale and north arrow.

(d) Names and addresses of the owner, subdivider and land surveyor preparing the plat.

(e) Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the prelimi­nary plat even though only a. portion of said area is proposed for immediate development. The Village Board may waive this require­ment where it is unnecessary to fulfill the purposes and intent of this chapter and undue hardship would result from strict applica­tion thereof.

(2) PLAT DATA. All preliminary plats shall show the follow­ing:

(a) Length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in U.S. Public Land Survey and the total acreage encompassed thereby.

(b) Existing contours at vertical intervals of not more than 2 feet where the slope of the ground surface is less than 10% and of not more than 5 feet where the slope of the ground surface is 10% or more. Elevations shall be marked on such contours based on U.S.G.S. datum.

(c) Water elevations of adjoining lakes and streams at the date of the survey and approximate high and low water eleva­tions, all referred to U.S.G.S. datum.

(d)- Flood plain limits- and the contour line lyingvertical distance of 2 feet above the elevation of the 100 year recurrence interval flood or, where such data is not available, 5 feet above the elevation of the maximum flocd of record.

(e) Location, right of way width and names of all existing streets, alleys or other public ways, easements, railroad and utility rights of way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto.

(f) Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediate­ly adjacent thereto together with any legally established center line elevations, all to U.S.G.S. datum.

(g) Location and names of any adjacent subdivisions, parks and cemeteries, and owners of record of abutting unplatted lands.

(h) Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes; the location of manholes, catch basins, hydrants, electrical and communication facilities, whether aerial or underground; and the location and size of any existing water and gas mains with the exterior bound­aries of the plat or immediately adjacent tract thereto. If no sewers or water mains are located on or immediately adjacent to the tract, the nearest such sewers or water mains which might be extended to serve the tract shall be indicated by their direction and distance from the tract, size and invert elevations.

(i) Locations of all existing property boundary lines, corporate limit lines, structures, drives, streams and watercours­es, marshes, rock outcrops, wooded areas, railroad tracks and other similar significant natural or manmade features within the tract being subdivided or immediately adjacent thereto.

(j) Setbacks or building lines if required by the Vil­lage Board in accordance with the guide lines set forth in sec. 19.08 of this chapter.

(k) Location, width and names of all proposed streets and public rights of way such as alleys and easements.

(1) Approximate dimensions of all lots together with proposed lot and block numbers.

(m) Location and approximate dimensions and size of any sites within the plat to be reserved or dedicated for parks, open space, playgrounds, drainageways or other public use or which are to be used for group housing, shopping centers, church sites or other private uses not requiring lotting.

(n) Approximate radii of all curves.

(o) Existing zoning on and adjacent to the proposed subdivision.

(p) Any proposed lake and stream access with a small drawing clearly indicating the location of the proposed subdivi­sion in relation to the access.

(q) Any proposed lake and stream improvement or reloca­tion.

(3) GRADING PLANS AND PROFILES. The Village Board, upon recommendation of the Director of Public Works, may require that the subdivider provide street plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the pro­posed subdivision when requested. All elevations shall be based upon U.S.G.S. datum, and plans and profiles shall be of sufficient detail to determine that streets will conform to the grade of existing streets or their extension or to the established grades of future streets and shall be subject to the approval of the Director of Public Works.

(4) TESTING. The Director of Public Works may require that borings and soundings be made in specified areas to ascertain sub­surface soil, rock and water conditions, including depths to bed­rock and depth to ground water table.

(5) COVENANTS (Am. Ord. #5-00). The Village Board shall require submission of a list of existing covenants and a list of covenants with which the subdivider intends to regulate land use in the proposed subdivision and otherwise protect the proposed development. Minimum covenant requirements shall include, but not be limited to:

(a) Attached/detached garages of sufficient size to be built at the same time as the principal structure.

(b) Exterior lighting to be soft and indirect. No light sources shall be located so that they are offensive to a neighboring property.

(c) All vacant lots to be maintained at a neat level, no foliage greater than 6 inches high.

(d) All built on lots must be sodded or seeded on black dirt within one year of commencing construction.

(e) All driveways to be hard surfaced within one year of commencing construction.

(6) AFFIDAVIT. The surveyor preparing the preliminary plat shall certify on the face of the plat that it is a correct repre­sentation of all existing land divisions and features and that he has fully complied with the provisions of this chapter.

19.06 FINAL PLAT

(1) GENERAL REQUIREMENTS. A final plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in all respects with the require­ments of §236.20, Wis. Stats.

(2) ADDITIONAL INFORMATION. The plat shall show correctly on its face, in addition to the information required by §236.20, Wis. Stats., the following:

(a) Exact length and bearing of the center line and center line curves of all streets.

(b) Exact street width along the right of way line of any obliquely intersecting street.

(c) Railroad rights of way within and abutting the plat.

(d) Setbacks or building lines, if required by the Plan Commission, in accordance with the guidelines set forth in sec. 19.08 of this chapter.

(e) Utility and/or drainage easements.

(f) All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.

(g) Special restrictions required by the Village Board relating to access control along public ways, delineation of floodland limits, or to the provision of planting strips.

(3) DEED RESTRICTIONS. The Village Board may require that deed restrictions imposed by the subdivider be filed with the final plat.

(4) PLAT RESTRICTIONS. The Village Board may require that plat restrictions intended to reflect Village plans and ordinances be placed on the face of the plat.

(5) SURVEY ACCURACY. The Director of Public Works shall examine all final plats within the Village and may make, or cause to be made by a registered land surveyor under the supervision or direction of the Director of Public Works, field checks for the accuracy and closure of survey, the proper kind and location of monuments, and the legibility and completeness of the drawing. In addition:

(a) Maximum error of closure before adjustment of the survey of the exterior boundaries of the subdivision shall not exceed, in horizontal distance cr position, the ratio of one part in 5,000 nor, in azimuth, 4 seconds or arc per interior angle. If field measurements exceed this maximum, new field measurements shall be made until a satisfactory closure is obtained. When a satisfactory closure of the field measurements has been obtained, the survey of the exterior boundary shall be adjusted to form a closed geometric figure.

(b) All street, block and lot dimensions shall be com­puted as closed geometric figures based upon the control provided by the closed exterior boundary survey. If field checks disclose an error for any interior line of the plat greater than the ratio of one part in 3,000, or an error in measured angle greater than one minute of arc for any angle where the shorter side forming the angle is 300 feet or longer, necessary corrections shall be made. Where the shorter side of a measured angle is less than 300 feet in length, the error shall not exceed the value of 1–1/2 minutes multiplied-by the quotient of 300 divided by the length of the shorter side; however, such error shall not, in any case, exceed 5 minutes of arc.

(6) RELOCATED QUARTER CORNERS. Where the plat is located within a quarter section, the corners of which have been relocat­ed, monumented and coordinated by the County, the tie required by §236.20(3)(b), Wis. Stats., shall be expressed in terms of grid bearing and distance; and the material and Wisconsin State plane coordinates of the monument making the relocated section or quar­ter corner to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdi­vision.

(7) VILLAGE BOARD REVIEW. The Village Board shall receive the results of the Director of Public Works and the State’s exam­ination prior to approving the final plat.

(8) SURVEYING AND MONUMENTING. All final plats shall meet all the surveying and monumenting requirements of §236.15, Wis. Stats.

(9) STATE PLANE CCORDINATE SYSTEM. All plats shall be tied directly to a section or quarter corner monumented according to the State Plane Coordinate System. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin State plane coordinates of the mon­ument marking the section or quarter corner to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure specified in sub. (5) above for the survey of the exterior boundaries of the subdivision. All distances and bearings shall be referenced to the Wisconsin Coordinate System.

(10) CERTIFICATES. All final plats shall provide all the certificates required by §236.21, Wis. Stats., and, in addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter. The subdivider’s certificate shall be fully executed prior to Village Board approval.

(11) RECORDATION. The final plat shall be recorded with the County Register of Deeds only after the certificates of the Direc­tor of the Planning Function in the Wisconsin Department of Devel­opment, of the Village Board, of the surveyor and those certifi­cates required by §236.21, Wis. Stats., are placed on the face of the plat. The Clerk-Treasurer shall record the plat within 10 days of its approval by the Village Board. The subdivider shall, however, be responsible for payment of the recording fee.

(12) DUPLICATE PLAT TO BE FILED. An identical reproducible copy, on stable drafting film at least 4 mils thick, along with the recording data, shall be placed on file with the Director of Public Works.

19.07 CERTIFIED SURVEY MAP

(1) GENERAL REQUIREMENTS. A certified survey map prepared by a registered land surveyor shall be required for all minor land divisions. It shall comply in all respects with the requirements of §236.34, Wis. Stats. The minor subdivision shall comply with the design standards and improvement requirements set forth in secs. 19.08 and 19.09 of this chapter.

(2) REQUIRED INFORMATION. The map shall show correctly on its face, in addition to the information required by §236.34, Wis. Stats., the following:

(a) All existing buildings, watercourses, drainage ditches and other features pertinent to proper land division.

(b) Setbacks or building lines, if required by the Plan Commission in accordance with the guidelines set forth in sec. 19.08 of this chapter.

(c) Utility and/or drainage easements.

(d) All lands reserved for future acquisition.

(e) Date of the map.

(f) Flood plain limits and the contour line lying a vertical distance of 2 feet above the elevation of the 100 year recurrence interval flood or, where such data is not available, 5 feet above the elevation of the maximum flood of record.

(g) Graphic scale and north arrow.

(h) Name and address of the owner, subdivider and sur­veyor.

(3) STATE PLANE COORDINATE SYSTEM. All plats shall be tied directly to a section or quarter corner monumented according to the State Plane Coordinate System. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin State plane coordinates of the mon­ument marking the section or quarter corner to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure specified in sec. 19.06(5) of this chapter for the survey of the exterior boundaries of the subdivision. All distances and bearings shall be referenced to the Wisconsin Coor­dinate System.

(4) CERTIFICATES. The surveyor shall certify on the face of the map that he has fully complied with all the provisions of this chapter. After reviewing the map, the Village Board, upon the recommendation of the Plan Commission, shall certify its approval on- the face of the. map.- After receiving approval by the Village Board, such maps shall be certified by the Village President, the Clerk-Treasurer and the Director of Public Works. In addition, dedication of streets and other public areas shall require the owner’s certificate and the mortgagee’s certificate in substantially the same form as required by §236.21(2)(a), Wis. Stats.

(5) APPROVAL (Am. Ord. #5-00). No certified survey map shall be approved by the Village Board until all required improve­ments have been installed and until all required fees have been paid unless provision for the installation of improvements and payment of fees has been made in an approved subdivider’s agree­ment. A signed subdivider’s agreement between the Village and the subdivider shall be filed at the Village office prior to commence­ment of any construction.

(6) RECORDATION. The certified survey map shall only be recorded with the County Register of Deeds after the certificates of the Village Board and the surveyor are placed on the face of the map. The Clerk-Treasurer shall record the map within 10 days of its approval by the Village Board.