Village of East Troy, WI Article VI Land Use Regulations

§ 510-34 Purpose.

The purpose of this article is to indicate which land uses may locate in each zoning district and under what requirements and which land uses may not locate therein. Certain land uses may locate in a given district as a matter of right upon compliance with special regulations for such a land use. A further distinction is made for land uses which may locate in a given district only upon obtaining a conditional use or temporary use permit.

§ 510-35 Regulation of allowable uses.

The allowable land uses for each zoning district are established in Articles III, IV and V of this chapter. Detailed descriptions and regulations for uses are found in §§ 510-37 through 510-48. Even if a land use may be indicated as permitted by right or requiring a conditional use in a particular district, such a land use may not necessarily be permitted or permissible on any or every property in such district. No land use is permitted or permissible on a property unless it can be located on it or implemented in full compliance with all of the applicable standards and regulations of this chapter or unless an appropriate variance has been granted pursuant to § 510-161.

A. Principal land uses permitted by right. Principal land uses listed as permitted by right (designated by the letter "P" in the Table of Land Uses; see § 510-38) are permitted per the general land use requirements of this article; per the density, intensity, and bulk regulations of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay districts; per all other applicable requirements of this chapter; and per any and all other applicable Village, county, state, and federal regulations.

B. Principal land uses permitted as conditional uses. Principal land uses allowed only with a conditional use permit (designated by the letter "C" in the Table of Land Uses; see § 510-38) may be permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use imposed as part of the conditional use permit process established in § 510-157. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. Except for uses approved under a general development plan and final development plan in a planned development (see § 510-75 and Article XII), all uses requiring a conditional use permit shall comply with the procedural requirements of Article XVII.

C. Accessory land uses. Accessory land uses are allowed subject to all the requirements and exemptions applicable to principal land uses permitted by right as listed in Subsection A above. Accessory land uses allowed only with a conditional use permit are subject to all the requirements and exemptions applicable to principal land uses requiring a conditional use permit as listed in Subsection B above. See § 510-47 for additional regulations applicable to accessory land uses.

D. Temporary land uses. Temporary land uses (designated by the letter "T" in the Table of Land Uses; see § 510-38) are allowed on a temporary basis subject to permitting requirements in § 510-48 of this chapter.

§ 510-36 Regulations applicable to all land uses.

All uses of land initiated within the jurisdiction of this chapter on, or following, the effective date of this chapter shall comply with all of the provisions of this chapter.

A. Land use regulations and requirements. All uses of land shall comply with all the regulations and requirements of this chapter pertaining to the types of uses allowed within particular zoning districts. Such regulations and requirements address both general and specific regulations which land uses shall adhere to and which are directly related to the protection of the health, safety, and general welfare of the residents of the Village of East Troy.

B. Density, intensity, and bulk regulations and requirements. All development and use of land shall comply with all the applicable requirements of Articles VII and VIII of this chapter pertaining to the maximum permitted density, intensity, and bulk regulations.

C. Overlay zoning district requirements. All land use and/or development of land shall comply with all the regulations and requirements of this chapter pertaining to the protection of sensitive natural resources and open space areas, protection of community character, and the protection from airport operations as established under any applicable overlay zoning districts in Article X of this chapter.

D. Exterior site and building design standards. All new, remodeled, and expanded residential and nonresidential development shall comply with all applicable building and site design guidelines as required in § 510-90 of this chapter.

E. Performance standards. All development of land shall comply with all applicable requirements established in Article XIII of this chapter pertaining to the provision of appropriate access, parking, loading, storage, and lighting facilities. Such requirements address issues such as maximum permitted access points, minimum required parking spaces, the screening of storage areas, maximum permitted intensity of lighting, and design requirements for exterior equipment such as communication systems, as well as defining acceptable levels of potential nuisances such as noise, vibration, odors, heat, glare, and smoke.

F. Landscape and preservation regulations. All development of land shall comply with all the regulations and requirements of Article XIV of this chapter pertaining to the preservation of woodlands and mature trees and provision of landscaping and bufferyards. Such requirements address issues such as minimum required landscaping of developed land and minimum required provision of bufferyards between adjoining zoning districts, which are directly related to the effective bulk of a structure.

G. Signage regulations. All land use and/or development of land shall comply with all requirements of Article XV pertaining to the type and amount of signage permitted on property. Such requirements address issues such as the maximum area of permitted signage and the number and types of permitted signage.

H. Number of buildings per lot. In the RH-35, SR-3, SR-4, SR-5, SR-6, SR-7, and MHR-6 Districts, only one principal building shall be permitted on any one lot. In the TR-8, AR-9, MR-10, NB, HB, CB, BP, LI and GI Districts, more than one principal building may be permitted on any one lot upon granting of a conditional use permit for group development (Subsection J) or large development regulations in compliance (Subsection K).

I. Number of land uses per building. No more than one nonresidential land use shall be permitted in any building unless a conditional use permit for a group development (Subsection J) or large development (Subsection K) is obtained. With the exception of accessory dwelling units, home occupation, expanded home occupation, and in-family suite land uses, no building containing a nonresidential land use shall contain a residential land use.

J. Group development requirements. All uses and/or development of land within a group development shall comply with all requirements of § 510-108.

K. Large development requirements. All uses and/or development of land within a large development shall comply with all requirements of § 510-109.

L. Planned development requirements. All uses and/or development of land within a planned development shall comply with all requirements of Article XII. (See also § 510-75.)

M. Nonconforming lots, uses, structures, and site requirements. Land uses not in conformance with the requirements of the applicable zoning district shall be subject to the special limitations and exceptions as established in Article IX. Land uses located on nonconforming lots or in nonconforming structures shall comply with all the regulations and requirements of Article IX.

[Amended 6-15-2015 by Ord. No. 2015-02]

N. Site plan review required. All uses are subject to site plan review and approval in accordance with § 510-160 of this chapter, except for the following:

(1) Single-family and two-family residential uses on individual lots in any zoning district.

(2) Agricultural land uses which are permitted by right in any agriculture zoning district.

(3) Uses within a final development plan in a planned development in accordance with the procedures of Article XII, provided that the final development plan provides a similar level of detail and range of plans as a typical site plan submittal required under this chapter.

O. Procedural regulations and requirements. All land use and/or development of land shall comply with all requirements of Article XVII, pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements.

P. Compliance with building code requirements. When a permitted land use is located in a building, such building shall comply with all applicable building codes.

[Added 3-21-2016 by Ord. No. 2016-04]

Q. Dilapidated buildings. If the building inspector determines that a building is dilapidated as set forth in § 210-8 of the Municipal Code, such building cannot be used for a permitted land use until such time as the property owner remedies the situation or the Plan Commission, in consultation with the Building Inspector, approves a written remediation plan with an acceptable timeline for compliance.

[Added 3-21-2016 by Ord. No. 2016-04]

§ 510-37 Detailed land use descriptions and regulations.

The land use categories employed by this chapter are defined in §§ 510-38 through 510-48. Land use categories which are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 510-145 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this chapter.

§ 510-38 Table of Land Uses.

[Amended 6-15-2015 by Ord. No. 2015-02; 3-21-2016 by Ord. No. 2016-04]

A. Generally. The Table of Land Uses is included as an attachment to this chapter.

B. Group and large developments. Land use categories marked with an asterisk in the table may be included in a group or large development. Refer to §§ 510-108 and 510-109 regarding group and large developments which are regulated as conditional uses.

C. Nonconforming uses. In the event a property has a nonconforming use, any principal use that is permitted by right in the Table of Land Uses shall be regulated as a conditional use.

§ 510-39 Residential land uses.

A. Single-family. A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence which is located on an individual lot. Single-family land uses shall adhere to the following listed regulations:

(1) The dwelling unit must be a site-built home, a modular home, or a manufactured home.[1]

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

(2) The dwelling must be attached to a finished, permanent foundation, such as a poured concrete slab or basement meeting Uniform Dwelling Code (UDC) requirements.

(3) The minimum gross floor area shall be 1,000 square feet, exclusive of an attached garage, carport, or open deck.[2]

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

(4) The dwelling unit roof shall have a pitch of at least three feet in rise for every 12 feet in run, except by conditional use permit.

(5) This dwelling unit type may not be split into two or more dwelling units, except for permitted accessory dwellings meeting the requirements of this article.

(6) Minimum required parking: two spaces.

(7) This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for single-family land uses. Specific requirements for single-family uses can be found in Article III under the density, intensity, and bulk requirements for each residential zoning district.

	Key to Figure
	A	Minimum lot width (at building minimum setback line)
	B	Street setback (lot line to principal building or attached garage)
	C	Corner lot (street side) setback (lot line to principal building or attached garage)
	D	Side setback (lot line to principal building or attached garage)
	E	Rear setback (lot line to principal building or attached garage)
	F	Accessory building side and rear setback (lot line to accessory building)
	G	Minimum pavement setbacks (lot line to pavement excluding driveway entrances, etc.)
	H	Minimum principal building separation (multi-structure developments on shared lots)

B. Two-flat. This dwelling unit type consists of a single structure with two separate residences each having a private individual access and no shared internal access. Two-flats are attached units within a two-story structure with one unit above the other. Two-flats shall adhere to the following listed regulations:[3]

(1) Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit.

(2) This dwelling unit type may not be split into additional residences.

(3) Minimum required parking: two spaces per dwelling unit.

(4) This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for two-flat land uses. Specific requirements for two-flats can be found in Article III under the density, intensity, and bulk requirements for each residential zoning district.

	Key to Figure
	A	Minimum lot width (at building minimum setback line)
	B	Street setback (lot line to principal building or attached garage)
	C	Corner lot (street side) setback (lot line to principal building or attached garage)
	D	Side setback (lot line to principal building or attached garage)
	E	Rear setback (lot line to principal building or attached garage)
	F	Accessory building side and rear setback (lot line to accessory building)
	G	Minimum pavement setbacks (lot line to pavement excluding driveway entrances, etc.)
	H	Minimum principal building separation (multi-structure developments on shared lots)

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

C. Twin house. This dwelling unit type consists of two separate residences, each having a private individual access and no shared internal access. Similar to duplexes, twin houses are attached side-by-side units, each with a ground floor and roof. Unlike duplexes, twin houses are located on shared, single lots. Twin houses shall adhere to the following listed regulations:

(1) A Uniform Dwelling Code required fire-rated wall must separate the two dwelling units from the lowest level to flush against the underside of the roof.

(2) Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit.

(3) Covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, are required.[4]

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

(4) This dwelling unit type may not be split into additional residences.

(5) Minimum required parking: two spaces per dwelling unit.

(6) This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for twin house land uses. Specific requirements for twin houses can be found in Article III under the density, intensity, and bulk requirements for each residential zoning district.

	Key to Figure
	A	Minimum lot width (at building minimum setback line)
	B	Street setback (lot line to principal building or attached garage)
	C	Corner lot (street side) setback (lot line to principal building or attached garage)
	D	Side setback (lot line to principal building or attached garage)
	E	Rear setback (lot line to principal building or attached garage)
	F	Accessory building side and rear setback (lot line to accessory building)
	G	Minimum pavement setbacks (lot line to pavement excluding driveway entrances, etc.)
	H	Minimum principal building separation (multi-structure developments on shared lots)

D. Duplex. This dwelling unit type consists of two separate residences, each having a private individual access and no shared internal access. Duplexes are attached side-by-side units, each with a ground floor and roof. Duplex dwelling units are located on a shared lot. Duplexes shall adhere to the following listed regulations:[5]

(1) A Uniform Dwelling Code required fire-rated wall must separate the two dwelling units from the lowest level to flush against the underside of the roof.

(2) Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit.

(3) This dwelling unit type may not be split into additional residences.

(4) Minimum required parking: two spaces per dwelling unit.

(5) This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for duplex land uses. Specific requirements for duplexes can be found in Article III under the density, intensity, and bulk requirements for each residential zoning district.

	Key to Figure
	A	Minimum lot width (at building minimum setback line)
	B	Street setback (lot line to principal building or attached garage)
	C	Corner lot (street side) setback (lot line to principal building or attached garage)
	D	Side setback (lot line to principal building or attached garage)
	E	Rear setback (lot line to principal building or attached garage)
	F	Accessory building side and rear setback (lot line to accessory building)
	G	Minimum pavement setbacks (lot line to pavement excluding driveway entrances, etc.)
	H	Minimum principal building separation (multi-structure developments on shared lots)

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

E. Townhouse. A townhouse consists of attached, two-story residences, each having a private, individual access. This dwelling unit type may be located on its own lot or within a group development. Each dwelling unit shares at least one common wall with an adjacent dwelling unit. Townhouses shall adhere to the following listed regulations:

[Amended 6-15-2015 by Ord. No. 2015-02; 10-17-2016 by Ord. No. 2016-13]

(1) A Uniform Dwelling Code required fire-rated wall must separate the two dwelling units from the lowest level to flush against the underside of the roof.

(2) All townhouse units within a development shall be located a minimum of 30 feet from the boundary of the development.

(3) Covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, are required.

(4) This dwelling unit type may not be split into additional residences.

(5) Minimum required parking: two spaces per dwelling unit.

(6) This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for townhouse land uses. Specific requirements for townhouses can be found in Article III under the density, intensity, and bulk requirements for each residential zoning district.

	Key to Figure
	A	Minimum lot width (at building minimum setback line)
	B	Street setback (lot line to principal building or attached garage)
	C	Corner lot (street side) setback (lot line to principal building or attached garage)
	D	Side setback (lot line to principal building or attached garage)
	E	Rear setback (lot line to principal building or attached garage)
	F	Accessory building side and rear setback (lot line to accessory building)
	G	Minimum pavement setbacks (lot line to pavement excluding driveway entrances, etc.)
	H	Minimum principal building separation (multi-structure developments on shared lots)

F. Multiplex. This dwelling unit type consists of three or more individual attached dwelling units which have private, individual exterior entrances. Multiplexes shall adhere to the following listed regulations:[6]

(1) A building code required fire-rated wall separating living areas from the lowest level through the roof is required between each dwelling unit.

(2) All multiplex units within a development shall be located a minimum of 30 feet from the boundary of the development.

(3) This dwelling unit type may not be split into additional residences.

(4) Minimum required parking: one space per dwelling unit.

(5) This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for multiplex land uses. Specific requirements for multiplexes can be found in Article III under the density, intensity, and bulk requirements for each residential zoning district.

	Key to Figure
	A	Minimum lot width (at building minimum setback line)
	B	Street setback (lot line to principal building or attached garage)
	C	Corner lot (street side) setback (lot line to principal building or attached garage)
	D	Side setback (lot line to principal building or attached garage)
	E	Rear setback (lot line to principal building or attached garage)
	F	Accessory building side and rear setback (lot line to accessory building)
	G	Minimum pavement setbacks (lot line to pavement excluding driveway entrances, etc.)
	H	Minimum principal building separation (multi-structure developments on shared lots)

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

G. Apartment. This dwelling unit type consists of a single structure with three or more individual attached dwelling units which take access from a shared entrance or hallway. Apartments shall adhere to the following listed regulations:[7]

(1) A building code required fire-rated wall separating living areas from the lowest level to the underside of the roof is required between each dwelling unit.

(2) As part of the conditional use requirement for group developments, any development comprised of one or more buildings which contain six or more dwelling units shall provide additional site design features such as underground parking, architectural elements, landscaping, and/or on-site recreational facilities.

(3) This dwelling unit type may not be split into additional residences.

(4) Minimum required parking: one space per dwelling unit.

(5) This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for apartment land uses. Specific requirements for apartments can be found in Article III under the density, intensity, and bulk requirements for each residential zoning district.

	Key to Figure
	A	Minimum lot width (at building minimum setback line)
	B	Street setback (lot line to principal building or attached garage)
	C	Corner lot (street side) setback (lot line to principal building or attached garage)
	D	Side setback (lot line to principal building or attached garage)
	E	Rear setback (lot line to principal building or attached garage)
	F	Accessory building side and rear setback (lot line to accessory building)
	G	Minimum pavement setbacks (lot line to pavement excluding driveway entrances, etc.)
	H	Minimum principal building separation (multi-structure developments on shared lots)

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

H. Mobile home. A mobile home is a dwelling unit type consisting of a fully detached single-family residence which has not received a federal manufactured housing certificate. Mobile homes shall adhere to the following listed regulations:

(1) No mobile home may be split into two or more residences.

(2) Within 30 days of occupancy, the owner shall remove the axle and install skirting.

(3) Minimum required parking: two spaces per mobile home.

(4) This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for mobile home land uses. Specific requirements for mobile homes can be found in Article III under the density, intensity, and bulk requirements for each residential zoning district.

	Key to Figure
	A	Minimum lot width (at building minimum setback line)
	B	Street setback (lot line to principal building or attached garage)
	C	Corner lot (street side) setback (lot line to principal building or attached garage)
	D	Side setback (lot line to principal building or attached garage)
	E	Rear setback (lot line to principal building or attached garage)
	F	Accessory building side and rear setback (lot line to accessory building)
	G	Minimum pavement setbacks (lot line to pavement excluding driveway entrances, etc.)
	H	Minimum principal building separation (multi-structure developments on shared lots)

I. Mobile home subdivision. This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Each lot and mobile home unit must meet the requirements for mobile homes listed in Subsection H above. Under this development option, approximately 10% of a development's gross site area can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density. Mobile home subdivisions shall adhere to the following listed regulations:[8]

(1) Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.

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

J. Mobile home park. This land use is a form of residential development which is exclusively reserved for individually sold or rented air right pads containing mobile home units. Each mobile home unit must meet the requirements for mobile homes listed in Subsection H above. Under this development option, approximately 10% of a development's gross site area can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density. Mobile home parks shall adhere to the following listed regulations:

(1) Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.

(2) No access shall be permitted to local residential streets.

K. Mixed-use dwelling unit. A mixed-use dwelling unit is a residential dwelling within a mixed-use structure, which is defined as a single building containing more than one type of land use. Mixed-use dwelling units shall adhere to the following listed regulations:

(1) Covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, are required.[9]

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

(2) Minimum required parking: one space.

§ 510-40 Agricultural land uses.

A. Cultivation. Cultivation includes all operations primarily oriented to the on-site, outdoor raising of plants for commercial purposes. This land use includes the raising of trees as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals which are located off site. Cultivation land uses shall adhere to the following listed regulations:

(1) On buildable lots, cultivation areas shall not exceed 20% of the lot's area.

(2) Cultivation areas shall not be located within the required front yard or street yard of any buildable or developed lot.

(3) Reestablishment or new establishment of cultivation shall be subject to the following additional requirements:

(a) Cultivation uses may only be reestablished within the Rural Holding (RH-35) District.

(b) Cultivation uses, once discontinued for a period of 12 months, shall not be reestablished or newly established except with the granting of a conditional use permit and shall be limited to hay crops.

(c) The applicant shall provide a site plan that clearly depicts the area proposed for cultivation and all structures and land uses on all adjoining properties. A current air photo may be used as a base map for this site plan. All distances from the area to be cultivated to all property lines and structures on adjoining properties shall be measured and labeled on said site plan.

(d) The applicant shall provide a written plan of operation describing the proposed general timing and frequency of any and all farming activities involving mechanized equipment. The plan of operation shall list the times of operation of mechanized equipment, including earliest and latest times during the day and likely months of mechanized activity. Said plan of operation shall also list any and all chemicals to be used.

(4) Minimum required parking: one space per employee on the largest work shift. (Notes: Customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of § 510-93.)

B. Husbandry. Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (defined in § 510-12) per acre. This includes horses, cattle, sheep, goats, llamas (and related species), deer, antelope, swine, fowl (including chickens, turkeys, ducks, geese, peacocks, guinea hens, and game birds), aquatic species (including fish, shellfish, crustaceans, echinoderms, plants, and algae), and any animals typically hunted or trapped. This excludes animals typically kept as pets and commonly available at commercial pet stores (e.g., domestic dogs and cats, fish, small rodents, reptiles, amphibians, and tropical/exotic birds). Apiaries are also considered husbandry land uses. Husbandry land uses shall adhere to the following listed regulations:

(1) Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property and 100 feet from all other lot lines.

(2) All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 10 feet from any residentially zoned property.

(3) Husbandry uses, once discontinued for a period of 12 months, shall not be reestablished or newly established except with the granting of a conditional use permit and shall only be permitted in the Rural Holding (RH-35) District.

(4) Minimum required parking: one space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 510-93.)

C. On-site agricultural retail. On-site agricultural retail includes land uses solely associated with the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off site shall not be permitted within on-site agricultural retail operations; such activity constitutes indoor sales (see § 510-42D). Packaging and equipment used to store, display, package, or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off site. On-site agricultural retail land uses shall adhere to the following listed regulations:

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

(2) No structure shall exceed 12 feet in height.

(3) All structures shall meet all required setbacks for nonresidential land uses.

(4) Said structure and fencing shall be located a minimum of 300 feet from any residentially zoned property.

(5) Signage for on-site agricultural retail shall comply with all applicable requirements set forth in Article XV.

[Amended 7-21-2014 by Ord. No. 2014-08]

(6) Such land use shall be served by no more than one driveway. Said driveway shall require a valid driveway permit (per Chapter 244, Driveways and Culverts, of the Village Code).

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

(8) On-site agricultural retail uses, once discontinued for a period of 12 months, shall not be reestablished or newly established except with the granting of a conditional use permit and shall only be permitted in the Rural Holding (RH-35) District.

(9) Minimum required parking: one parking space shall be required for every 200 square feet of product display area. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 510-93.)

D. Selective cutting. Selective cutting includes any operation associated with the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting shall be limited to areas located within development pads which are designated on an approved site plan or on a recorded plat or certified survey map. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear-cutting (see Subsection E below).

[Amended 10-17-2016 by Ord. No. 2016-13]

E. Clear-cutting. Clear-cutting includes the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 30% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear-cutting shall adhere to the following listed regulations:

(1) Clear-cutting is permitted only as a conditional use. Any owner of property who intentionally clear-cuts any area of his or her property or who intentionally solicits or causes another to intentionally clear-cut any area of his or her property without first having secured a conditional use permit for such activity shall be subject to a forfeiture for such wrongful conduct and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas having been clear-cut unintentionally as a result of fire shall not subject the owner of the property to forfeiture for such nonapproved clear-cutting activity but shall require the satisfaction of mitigation requirements at the owner's expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements.

(2) The applicant shall demonstrate that clear-cutting will improve the level of environmental protection on the subject property.

(3) Areas of the subject property which are clear-cut beyond the limitations established above shall be replanted per the requirements of § 510-118. (Referenced section requires the replanting of trees in other portions of the subject property, thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant.)

(4) Clear-cutting shall not be permitted within a required bufferyard or landscaped area or within an area designated as permanently protected green space (see Article XIV).

F. Intensive agriculture. Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 510-12) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, aquaculture, and certain other operations meeting this criterion. Intensive agricultural land uses shall adhere to the following listed regulations:

(1) Intensive agricultural uses shall not be located in or adjacent to an existing or platted residential subdivision.

(2) Intensive agricultural uses shall be completely surrounded by a bufferyard with a minimum opacity of 1.00 (see Article XIV).

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

(4) Intensive agricultural uses shall be located in an area which is planned to remain commercially viable for agricultural land uses.

(5) Once discontinued for a period of 12 months, intensive agricultural uses shall not be reestablished or newly established except with the granting of a conditional use permit and shall only be permitted in the Rural Holding (RH-35) District.

(6) Minimum required parking: one space per employee on the largest work shift. (Notes: Customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of § 510-93.)

G. Agricultural service. Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used or produced by agricultural operations. Examples of such land uses include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial composting uses, see § 510-46B). Agricultural service land uses shall adhere to the following listed regulations:

(1) Agricultural service uses shall not be located in, or adjacent to, an existing or platted residential subdivision.

(2) All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 100 feet from all lot lines.

(3) If within the Rural Holding (RH-35) District, agricultural service uses shall be located in an area which is planned to remain commercially viable for agricultural land uses.

(4) Once discontinued for a period of 12 months, agricultural service uses shall not be reestablished or newly established except with the granting of a conditional use permit and shall only be permitted in the Rural Holding (RH-35) or General Industrial (GI) District.

[Amended 6-15-2015 by Ord. No. 2015-02]

(5) Minimum required parking: one space per employee on the largest work shift. (Notes: Customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of § 510-93.)

H. Community garden. Community garden areas for cultivation and related activities divided into one or more plots to be cultivated by more than one operator or member. These areas may be on public or private lands. Community gardens shall adhere to the following listed regulations:

(1) All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district.

(2) A site plan shall be submitted to the Zoning Administrator for approval. Said site plan shall list the property owner, established sponsoring organization and garden manager and demonstrate consideration for and indicate locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking.

(3) The following structures are permitted in community gardens: toolsheds, shade pavilions, barns, rest room facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children's play areas.

(4) Signage for a community garden shall comply with all applicable requirements set forth in Article XV.

[Amended 7-21-2014 by Ord. No. 2014-08]

(5) Fences shall comply with the regulations in § 510-97.

I. Market garden. An area for cultivation and related activities divided into one or more plots to be cultivated by more than one operator or member. These areas may be on public or private lands, with on-site sales of crops grown on site permitted. Market gardens shall adhere to the following listed regulations:

(1) All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district.

(2) A site plan shall be submitted to the Zoning Administrator for approval. Said site plan shall list the property owner, established sponsoring organization, and garden manager and demonstrate consideration for and indicate locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking.

(3) The following structures are permitted within market gardens: toolsheds, shade pavilions, barns, rest room facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children's play areas.

(4) Seasonal farm stands shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.

(5) Signage for a market garden shall comply with all applicable requirements set forth in Article XV.

[Amended 7-21-2014 by Ord. No. 2014-08]

(6) Fences shall comply with the regulations in § 510-97.

§ 510-41 Institutional land uses.

A. Indoor institutional. Indoor institutional land uses include all indoor public and not-for-profit recreational facilities (such as gyms, swimming pools, libraries, museums, and community centers), schools, churches, funeral homes, nonprofit clubs, nonprofit fraternal organizations, convention centers, jails, prisons, and similar land uses. Indoor institutional land uses shall adhere to the following listed regulations:

[Amended 3-21-2016 by Ord. No. 2016-04; 10-17-2016 by Ord. No. 2016-13]

(1) Shall provide an off-street passenger loading area if the majority of the users will be children (as in the case of a school, church, library, or similar land use).

(2) All structures shall be located a minimum of 50 feet from any residentially zoned property.

(3) Minimum required parking: generally, one space per three expected patrons at maximum capacity; however, the following specific requirements may apply:

(a) Church: one space per five seats at the maximum capacity.

(b) Community or recreation center: one space per 300 square feet of gross floor area or one space per four patrons to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.

(c) Funeral home: one space per three patron seats at the maximum capacity, plus one space per employee on the largest work shift.

(d) Library or museum: one space per 300 square feet of gross floor area or one space per four seats to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.

(e) Elementary and junior high: one space per two employees.

(f) Senior high: one space per two employees, plus 30% of maximum capacity.

(g) College or trade school: one space per staff member on the largest work shift, plus one space per two students of the largest class attendance period.

B. Outdoor open space institutional. Outdoor open space institutional land uses include cemeteries, privately held permanently protected green space areas, open grassed areas not associated with any particular active recreational land use, and similar land uses. Outdoor institutional land uses shall adhere to the following listed regulations:

(1) All structures shall be located a minimum of 50 feet from any residentially zoned property.

(2) Shall comply with § 510-157, standards and procedures applicable to all conditional uses.

(3) Minimum required parking. No parking is required for outdoor open space institutional land uses; however, for uses accessory to cemeteries (e.g., mausoleums), parking may be required per the recommendation of the Plan Commission or Zoning Administrator.

C. Passive outdoor public recreation. Passive outdoor public recreation land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross-country ski trails, horse trails, picnic areas, picnic shelters, botanical gardens, fishing areas, and similar land uses. Passive outdoor public recreation land uses shall meet the following minimum parking requirement: one space per four expected patrons at maximum capacity for any use requiring over five spaces.

D. Active outdoor public recreation. Active outdoor public recreation land uses include all recreational land uses located on public property (including school district property) which involve active recreational activities. Such land uses include play courts (such as tennis courts and basketball courts), play fields (such as ball diamonds, football fields, and soccer fields), neighborhood parks, tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses, and similar land uses. Active outdoor public recreation land uses shall adhere to the following listed regulations:

(1) Facilities using recreational facility night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Article XIV). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

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

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

(4) Minimum required parking: generally, one space per four expected patrons at maximum capacity for any use requiring over five spaces; however, the following specific requirements may apply:

(a) Golf course: 36 spaces per nine holes, plus one space per employee on the largest work shift, plus 50% of spaces otherwise required for any accessory uses (e.g., bar or restaurant).

(b) Swimming pool: one space per 30% of capacity in persons.

(c) Tennis court: two spaces per court.

E. Intensive outdoor public recreation. Intensive outdoor public recreation land uses include recreational land uses located on public property that generate regional traffic and noise beyond property lines and require intensive lighting. Such land uses include racetracks, stadiums, fair grounds, ski hills, marinas, and similar land uses. Intensive outdoor public recreation land uses shall adhere to the following listed regulations:

(1) Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 1.00 (see Article XIV). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

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

(3) A minimum setback of 100 feet shall be required to any activity area other than parking.

(4) Minimum required parking: one space per four expected patrons at maximum capacity.

F. Public service and utilities. Public service and utilities land uses include all Village, county, state, and federally owned facilities (except those otherwise treated in this section), emergency service facilities such as fire departments and rescue operations, wastewater treatment plants, public and/or private utility substations, water towers, utility and public service related distribution facilities, and similar land uses. Public service and utility land uses shall adhere to the following listed regulations:

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

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

(3) The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.

(4) All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Article XIV). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

(5) Minimum required parking: one space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises.

G. Institutional residential (one to twelve residents). This land use is a form of residential development designed to accommodate institutional residential land uses with 12 or fewer residents (of all ages), such as senior housing, retirement homes, assisted living facilities, nursing homes, hospices, group homes, convents, monasteries, dormitories, nursing homes, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements (see separate listings) under the provisions of § 62.23, Wis. Stats. Institutional residential uses with 12 or fewer residents shall adhere to the following listed regulations:

(1) No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development.

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

(3) A minimum of 30% of the development's gross site area shall be held as permanently protected green space.

(4) Minimum required parking. The following specific parking requirements may apply:

(a) Senior housing or retirement housing: 1/2 space per dwelling unit.

(b) Assisted living facility or limited care facility: one space per two dwelling units.

(c) Monastery, convent, or dormitory: one space per six adult residents, plus one space per employee on the largest work shift, plus one space per five chapel seats if the public may attend.

(d) Nursing home or hospice: one space per four patient beds, plus one space per two employees on the largest work shift, plus one space per doctor.

(e) Other uses not listed: Parking requirements established by Plan Commission as part of the site plan review process.

H. Institutional residential (13 or more residents). This land use is a form of residential development designed to accommodate institutional residential land uses with 13 or more residents (of all ages), such as senior housing, retirement homes, assisted living facilities, nursing homes, hospices, group homes, convents, monasteries, dormitories, nursing homes, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements (see separate listings) under the provisions of § 62.23, Wis. Stats. Institutional residential land with 13 or more residents shall adhere to the following listed regulations:

[Added 7-18-2016 by Ord. No. 2016-09[1]]

(1) No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development.

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

(3) A minimum of 30% of the development's gross site area shall be held as permanently protected green space.

(4) Minimum required parking. The following specific parking requirements may apply:

(a) Senior housing or retirement housing: 1/2 space per dwelling unit.

(b) Assisted living facility or limited care facility: one space per two dwelling units.

(c) Monastery, convent, or dormitory: one space per six adult residents, plus one space per employee on the largest work shift, plus one space per five chapel seats if the public may attend.

(d) Nursing home or hospice: one space per four patient beds, plus one space per two employees on the largest work shift, plus one space per doctor.

(e) Other uses not listed: Parking requirements established by Plan Commission as part of the site plan review process.

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsections H through J as Subsections I through K, respectively.

I. Community living arrangement (one to eight residents). Community living arrangement land uses include all facilities provided for in § 46.03(22), Wis. Stats., including child welfare agencies, group homes for children, foster homes, treatment foster homes, adult family homes, and community-based residential facilities. Community living arrangements do not include group day-care centers (see § 510-42M), nursing homes (an institutional residential land use), hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in § 62.23(7)(i), Wis. Stats., provided that any such regulations do not violate federal or state housing or antidiscrimination laws. Community living arrangements housing up to eight residents shall adhere to the following listed regulations:

(1) No community living arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity unless the Plan Commission and Village Board agree to a reduction in spacing.

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

(3) Foster homes housing four or fewer children and licensed under § 48.62, Wis. Stats., shall not be subject to Subsection I(1) above and shall not be subject to, or count toward, the total arrived at in Subsection I(2) above.

(4) Minimum required parking: three spaces.

J. Community living arrangement (nine to 15 residents). See description under Subsection I above. Community living arrangements housing nine to 15 residents shall adhere to the following listed regulations:

(1) No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity, unless the Plan Commission and Village Board agree to a reduction in spacing.

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

(3) Minimum required parking: four spaces.

K. Community living arrangement (16 plus residents). See description under Subsection I above. Community living arrangements housing 16 or more residents shall adhere to the following listed regulations:

(1) No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity, unless the Plan Commission and Village Board agree to a reduction in spacing.

(2) The total capacity of all community living arrangements (of all capacities) in the Village shall not exceed 1% of the Village's population (unless specifically authorized by the Village Board following a public hearing by the Plan Commission).

(3) Minimum required parking: one space per every three residents.

§ 510-42 Commercial land uses.

A. Office. Office land uses include exclusively indoor land uses whose primary functions are the handling of information or administrative services. Office uses do not typically provide services directly to customers on a walk-in or on-appointment basis. Office land uses shall meet the following minimum parking requirement: one space per 300 square feet of gross floor area.

B. Personal or professional service. Personal service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such uses include professional services, insurance or financial services, realty offices, hospitals, medical offices and clinics, veterinary clinics, barbershops, beauty shops, and fitness studios and instructional studios (e.g., dance, art, and martial arts) where the occupancy load is 25 people or fewer. Personal or professional service land uses shall meet the following minimum parking requirements:

[Amended 7-21-2014 by Ord. No. 2014-06]

(1) Hospitals: one space per two patient beds, plus one space per staff doctor and one space per two employees on the largest work shift;

(2) Offices: one space per 300 square feet; and

(3) Other uses: one space for every three persons at maximum capacity of the establishment.

C. Artisan studio. A building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items, as either a principal use or accessory use. An artisan studio is used by no more than three artists or artisans. An artisan production shop is an artisan studio used by more than three artists or artisans. Artisan land uses shall adhere to the following listed regulations:

(1) Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Article XIV).

(2) Minimum required parking: one space per 300 square feet of gross floor area plus adequate on-site parking is required for all customer and employee vehicles.

D. Indoor sales or service. Indoor sales or service land uses include land uses which conduct sales or display merchandise or equipment and provide nonpersonal or nonprofessional services entirely within an enclosed building. This includes self-services facilities such as coin-operated laundromats. Indoor sales or service land uses shall meet the following minimum parking requirement: one space per 300 square feet of gross floor area.

E. Outdoor display. Outdoor display land uses include land uses which conduct sales and display merchandise or equipment outside of an enclosed building. Examples include outdoor garden centers, outdoor recreation equipment sales, monument sales, and manufactured and mobile housing sales. Outdoor display uses do not include the storage or display of inoperable equipment or other materials typically associated with a junkyard or salvage yard (see § 510-46D below). If a land use displays for sale or rent only a limited amount of product outside of an enclosed building, such use may instead be considered incidental indoor sales under § 510-47Q. Outdoor display land uses shall adhere to the following listed regulations:

(1) The outdoor sales area shall be calculated as the area which would be enclosed by a required physical separation installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors.

(2) The display of items shall not be permitted in required setback areas, landscape areas, bufferyards, or permanently protected green space areas.

(3) Inoperable vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.

(4) In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by Subsection E(9). If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.

(5) Display areas shall be separated from any circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters or by a clearly marked paved area.

(6) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.

(7) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all borders of the display area abutting residentially zoned property, except per Subsection E(5) above (see Article XIV).

(8) Outdoor display shall be permitted during the entire calendar year; however, if goods are removed from the display area all support fixtures used to display the goods shall be removed within 10 calendar days of the goods' removal.

(9) Minimum required parking: one space per 300 square feet of gross floor area.

F. Indoor commercial entertainment. Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours that extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, bowling alleys, arcades, roller rinks, pool halls, and fitness studios and instructional studios (e.g., dance, art, and martial arts) where the occupancy load is more than 25 people. Indoor commercial entertainment land uses shall adhere to the following listed regulations:

[Amended 7-21-2014 by Ord. No. 2014-06]

(1) If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 150 feet, or as far as possible, of a residentially zoned property.

(2) Facility shall provide bufferyard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see Article XIV).

(3) Minimum required parking: one space per every three patron seats or lockers (whichever is greater) or one space per three persons at the maximum capacity of the establishment (whichever is greater).

G. Outdoor commercial entertainment. Outdoor commercial entertainment land uses include all land uses which provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Examples of such land uses include outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, ski hills, marinas, and water parks. Outdoor commercial entertainment land uses shall adhere to the following listed regulations:

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

(2) Facility shall provide bufferyard with minimum opacity of 0.80 along all borders of the property abutting residentially zoned property (see Article XIV).

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

(4) Outdoor commercial entertainment activities proposed in a public right-of-way or on Village-owned property must receive Village Board approval for such use, in addition to any required conditional use permit.

(5) Minimum required parking: one space for every three persons at the maximum capacity of the establishment.

H. In-vehicle sales or service. In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles or to vehicles which may or may not be occupied at the time of such activity (except vehicle repair and maintenance services). Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel stations, and all forms of car washes. If performed in conjunction with a principal land use (e.g., a convenience store, restaurant, or bank), in-vehicle sales and service land uses shall be considered an accessory use.

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

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

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

(4) The setback of any overhead canopy or similar structure shall be a minimum of 10 feet from all street right-of-way lines, a minimum of 20 feet from all residentially zoned property lines, and shall be a minimum of five feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed 20 feet per the measurement of roof height.

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

(6) Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Article XIV).

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

(8) Any text or logo larger than one square foot per side on an overhead canopy or other accessory structure shall be considered a freestanding sign subject to regulation under Article XV of this chapter.

(9) Each drive-up lane shall have a minimum stacking length of 100 feet behind the pass-through window and 40 feet beyond the pass-through window. This requirement may be adjusted by the Plan Commission through the conditional use process.

(10) Minimum required parking. Refer to the parking requirements of the other land use activities on the site, such as indoor sales and service land uses for a gas station/convenience store or office land uses for a bank.

I. Bed-and-breakfast establishment. Bed-and-breakfast establishments are exclusively indoor lodging facilities which provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities for the exclusive use of their customers. Bed-and-breakfast establishments shall adhere to the following listed regulations:

[Amended 7-21-2014 by Ord. No. 2014-08; 10-17-2016 by Ord. No. 2016-13]

(1) If alcohol beverages of any kind are to be served on the premises, the owner of the establishment shall first obtain the appropriate license in accordance with Village of East Troy and state regulations.

(2) Each such establishment shall be inspected annually by the Building Inspector to verify that the land use continues to meet all applicable regulations. A fee for such annual inspection shall be imposed by the Village.

(3) Signage for a bed-and-breakfast shall comply with all applicable requirements set forth in Article XV.

(4) No premises shall be utilized for a bed-and-breakfast operation unless there are at least two exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for every two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room. Each sleeping room used for the bed-and-breakfast operation shall have a separate operational smoke detector alarm. One lavatory and bathing facility shall be required for every 10 occupants, in addition to the owner/occupant's personal facilities.

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

(6) Breakfast shall be the only meal served to overnight guests.

(7) Each operator shall keep a list of names of all persons staying at the bed-and-breakfast operation. This list shall be kept on file for a period of one year. Such list shall be available for inspection by Village officials at any time.

(8) The maximum stay for any occupants of bed-and-breakfast operations shall be 14 consecutive days.

(9) Minimum required parking: one space per each bedroom in addition to requirements for principal residents.

(10) Additional requirements.

(a) Application requirements. Applicants for a license to operate a bed-and-breakfast shall submit a floor plan of the single-family dwelling unit illustrating that the proposed operation will comply with the requirements of this chapter and other applicable Village codes and ordinances.

(b) Consideration of issuance. After the application has been filed with the Village Clerk, the Plan Commission shall review and provide a recommendation to the Village Board for a conditional use permit. The Plan Commission shall hold a public hearing and determine whether any further license shall be issued based upon the public convenience and necessity of the people in the Village. In the Village's determination of the number of bed-and-breakfast operations required to provide for such public convenience and necessity, the Village Board shall consider the effect upon residential neighborhoods, conditions of existing holders of licenses, and the necessity of issuance of additional licenses for public service.

[Amended 12-16-2019 by Ord. No. 2019-18]

(c) Public nuisance violations. Bed-and-breakfast operations shall not be permitted whenever the operation endangers, offends, or interferes with the safety or rights of others so as to constitute a nuisance.

(d) Suspension, revocation, and renewal. Any license issued under the provisions of this subsection may be revoked by the Village Board for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation the compliance or noncompliance with the state law and local ordinances, the conduct of the licensee in regard to the public, and other consideration shall be weighed in determination of such issue.

J. Commercial indoor lodging. Commercial indoor lodging facilities include land uses which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurants, lounges, fitness centers, and other on-site facilities available to nonlodgers are considered accessory uses and therefore require review as a separate land use. Commercial indoor lodging land uses shall adhere to the following listed regulations:

(1) If located on the same side of a building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property.

(2) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Article XIV).

(3) Within the Business Park (BP) District, each and every room must take primary access via an individual interior door and may not be accessed via an external balcony, porch or deck, except for emergency purposes.

(4) Minimum required parking: one space per bedroom, plus one space for each employee on the largest work shift.

K. Boardinghouse. Boardinghouses include any residential use renting rooms which do not contain private bathroom facilities. Boardinghouses shall adhere to the following listed regulations:

(1) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Article XIV).

(2) Boardinghouses may only be located in an area of transition from residential land uses to nonresidential land uses, as determined by the Zoning Administrator.

(3) It shall be unlawful for any persons to operate a boardinghouse as defined and as permitted in this chapter without first having obtained a conditional use permit.

(4) Minimum required parking: one space per each bedroom for rent, in addition to requirements for principal residents.

L. Campground. Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or recreational vehicles. Campgrounds shall adhere to the following listed regulations:

(1) Campgrounds shall be surrounded by a bufferyard with a minimum opacity of 0.70 along all property borders abutting residentially zoned property (see Article XIV).

(2) Minimum required parking: 1 1/2 spaces per campsite.

M. Group day-care center (nine plus children). Group day-care centers are land uses in which qualified persons provide child care services for nine or more children. Examples of such land uses include day-care centers and nursery schools. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group day-care centers are not considered as accessory uses and therefore require review as a separate land use. Group day-care centers shall adhere to the following listed regulations:

(1) Group day-care centers shall not be located within a residential building.

(2) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property (see Article XIV).

(3) The property owner's permission and signature is required as part of the conditional use permit application.

(4) Minimum required parking: one space per five students, plus one space for each employee on the largest work shift.

N. Commercial animal boarding. Commercial animal boarding facilities include land uses which provide short-term and/or long-term boarding for animals, commercial kennels and commercial stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory thereto and do not require separate consideration. Commercial animal boarding facilities shall adhere to the following listed regulations:

(1) Each animal shall be provided with an indoor containment area.

(2) The minimum permitted size of a horse or similar animal stall shall be 100 square feet.

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

(4) Minimum required parking: one space per every 1,000 square feet of gross floor area.

O. Indoor maintenance service. Indoor maintenance services include all land uses which perform maintenance services, including repair, and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered an outdoor maintenance service land use (see Subsection P). Indoor maintenance services land uses shall meet the following minimum parking requirement: one space per 300 square feet of gross floor area.

P. Outdoor maintenance service. Outdoor maintenance services include all land uses which perform maintenance services, including repair, and have all or any portion of their operations located outside of an enclosed building. Outdoor maintenance services shall adhere to the following listed regulations:

(1) All outdoor activity areas shall be completely enclosed by a minimum six-foot-high fence. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and shall be screened from such property by a bufferyard with a minimum opacity of 0.60 (see Article XIV).

(2) Outdoor storage of abandoned or inoperable vehicles is prohibited.

(3) Minimum required parking: one space per 300 square feet of gross floor area or one space per each employee on the largest shift, whichever is less.

Q. Vehicle sales and service. Vehicle sales and service is a place where new and used cars, motorcycles, mopeds, snowmobiles, all-terrain vehicles (ATVs), utility terrain vehicles, and light trucks are displayed out of doors and are offered for rent, sale, lease, or exchange, or are taken on consignment. This use may include the repair and servicing of the aforementioned as a subordinate use to the extent deemed appropriate by the Plan Commission. Such land uses do not include the storage or display of inoperative vehicles or equipment or other materials typically associated with a salvage yard or junkyard (see § 510-46D). This use shall adhere to the following regulations:

[Amended 3-21-2016 by Ord. No. 2016-04; 10-17-2016 by Ord. No. 2016-13; 9-21-2020 by Ord. No. 2020-11]

(1) The outdoor display and sales area shall be calculated as the area that would be enclosed by a required physical separation installed and continually maintained in the most efficient manner which completely encloses all vehicles displayed outdoors.

(2) The display of vehicles shall not be permitted within required setback areas for the principal structure.

(3) The display of vehicles shall not be permitted in permanently protected green space areas, required landscaped areas, or required bufferyards.

(4) In no event shall the display of vehicles reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Subsection Q(10). If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.

(5) Display areas shall be separated from any circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters or by a clearly marked, paved area.

(6) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.

(7) The facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all borders of the display area abutting residentially zoned property, except per Subsection Q(5) above (see Article XIV).

(8) Vehicle sales shall be permitted during the entire calendar year; however, if vehicles are removed from the display area, all support fixtures used to display the vehicles shall be removed within 10 calendar days of the vehicles' removal.

(9) Inoperable vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.

(10) Minimum required parking: one space per 300 square feet of gross floor area.

(11) Prior to the establishment of this use, the operator shall obtain a motor vehicle dealer license from the Wisconsin Department of Transportation and maintain such license for the life of the use or until the state no longer requires such license.^[1]

(12) An indoor vehicle display area shall be provided that is at least 12 feet by 20 feet. If only motorcycles are sold, the indoor vehicle display area shall be large enough to display at least three motorcycles.^[2]

[1]	Note: See Ch. 218, Wis. Stats.
[2]	Note: See TRANS 138.03(a), Wis. Admin. Code.

R. Sexually oriented land uses. Sexually oriented land uses include any facility oriented to the display of sexually oriented materials, such as videos, movies, photos, books, or magazines, or actual persons displaying and/or touching sexually specified areas, including the provision of body piercing or tattooing services to sexually specified areas. For the purpose of this chapter, "sexually specified areas" includes any of the following: genitals, anal area, female areola or nipple. "Sexually oriented material" includes any media which displays sexually specified area(s). Establishments which sell or rent sexually oriented materials shall not be considered sexually oriented if the area devoted to sale of said materials is less than 5% of the sales area devoted to nonsexually-oriented materials and if such materials are placed in generic covers or otherwise obscured areas. Sexually oriented land uses shall adhere to the following listed regulations:

(1) Facilities shall be located a minimum of 1,000 feet from any commercially zoned property or residentially zoned property and shall be located a minimum of 1,000 feet from any school, church, or outdoor recreational facility.

(2) Exterior building appearance and signage shall be designed to ensure that the use does not detract from the ability of businesses in the vicinity to attract customers nor affect the marketability of properties in the vicinity for sale at their assessed values.

(3) Minimum required parking: one space per 300 square feet of gross floor area or one space per person at the maximum capacity of the establishment, whichever is greater.

S. Truck-trailer rental establishment. A place where trucks, utility trailers, and related items are kept and rented out, generally to those moving their personal and household belongings. Servicing of vehicles and trailers stored on site is allowed provided such use is clearly incidental as may be established by the Plan Commission. Truck-trailer rental establishments shall adhere to the following listed regulations:

[Added 3-21-2016 by Ord. No. 2016-04]

(1) One parking space shall be provided for each employee and one space for each seven trucks and trailers stored on site.

(2) When located in the Highway Business Zoning District, trucks and trailers shall not be stored within the front yard setback, the side yard setback, or the rear yard setback.

(3) When located in the Highway Business Zoning District, no more than a total of 15 trucks and trailers may be stored on site.

(4) When located in the Highway Business Zoning District, trucks and trailers are limited to those that (1) have no more than two axles per unit, (2) have a maximum box length of 17 feet, (3) have a maximum height of 12 feet in height, and (4) do not require a commercial driver's license to operate.

(5) The location on the property where trucks and trailers may be stored shall be clearly indicated on an approved site plan.

T. Vehicle towing establishment. A place where tow trucks may be kept along with towed vehicles. Vehicle towing establishments shall provide one parking space for each tow truck kept on the premises.

[Added 3-21-2016 by Ord. No. 2016-04]

U. Heavy vehicle sales and service. Heavy vehicle sales and service is a place where new and used large vehicles, such as recreational vehicles and campers, personal watercraft, and heavy trucks, are kept out of doors and offered for sale, lease, or exchange, or are taken on consignment. This use may include the repair and servicing of the aforementioned as a subordinate use to the extent deemed appropriate by the Plan Commission. This use shall adhere to the following regulations:

[Added 9-21-2020 by Ord. No. 2020-11]

(1) Outdoor display areas and other activity areas shall be located at least 50 feet from a property in a residential zoning district or a planned development district that allows residential uses and 25 feet from a property in a commercial or mixed-use zoning district.

(2) Minimum required parking: 1 space for each employee on the largest work shift.

V. Truck stop. A place where fuels primarily for tractor trucks are offered for retail sale. Ancillary uses are limited to retail sale of motor vehicle fuel for cars, motorcycles, and light trucks; retail sale of food and beverages; a restaurant; overnight parking; a truck wash; truck scales; and other incidental uses customarily associated with a truck stop. The term does not include transferring or off-loading of goods, or long-term storage or parking of vehicles. This use shall adhere to the following regulations:

[Added 10-19-2020 by Ord. No. 2020-13]

(1) All access drives and parking areas must be hard surfaced.

(2) Parking spaces for tractor trucks must be clearly marked.

(3) The subject property, in whole or in part, must be located within 1,250 feet of an interstate highway interchange. Such measurement is taken from the center point of the two intersecting rights-of-way.

(4) A bufferyard with a minimum opacity of 0.60 must be installed and maintained along all lot lines that abut a residentially zoned property. A bufferyard with an opacity of 0.50 must be installed and maintained along all lot lines that abut a commercial or institutionally zoned property, except when such parcel has a truck stop or a fuel station.

(5) Areas designated for daily parking of tractor trucks must located at least 250 feet from any abutting residentially zoned property.

§ 510-43 Industrial land uses.

A. Light industrial. Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations) are conducted entirely within an enclosed building; not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; do not pose a significant safety hazard (such as danger of explosion); and comply with the performance standards listed in Article XIII. Light industrial land uses may conduct indoor sales as an accessory use, provided that the requirements of § 510-47Q are complied with. Light industrial land uses shall adhere to the following listed regulations:

(1) All activities, except loading and unloading, shall be conducted entirely within the confines of a building.

(2) Minimum required parking: one space per each employee on the largest work shift.

B. Heavy industrial. Heavy industrial land uses are land uses that may be wholly or partially located outside of an enclosed building, may have the potential to create certain nuisances which are detectable at the property line, and may involve materials which pose a significant safety hazard. Examples of heavy industrial land uses include meat product producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers), including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay, or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; recycling facilities not involving the on-site storage of salvage materials; and large-scale alcohol beverage producers exceeding the production limits in Ch. 125, Wis. Stats. Heavy industrial land uses shall adhere to the following listed regulations:

(1) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all borders of the property other than permanent open space abutting properties which are not zoned General Industrial (see Article XIV).[1]

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

(2) All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned property.

(3) No equipment or materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.

(4) In no instance shall a heavy industrial land use exceed the performance standards listed in Article XIII.

(5) Minimum required parking: one space per each employee on the largest work shift.

C. Production greenhouse. Any business whose principal activity is the growing and wholesaling of plants or plant by-products (not including fruits and vegetables) that are either grown or stored within an enclosed building or structure constructed chiefly of glass or glass-like material, cloth, or other transparent material. Such uses also often involve the seasonal display of plants and related products outdoors. Production greenhouses shall adhere to the following listed regulations:

(1) The outdoor display of items shall not be permitted in required setbacks, bufferyards, or landscaped areas.

(2) In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Subsection C(6). If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.

(3) Storage and/or outdoor display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters or by a clearly marked paved area.

(4) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

(5) The facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all borders of outdoor display areas abutting residentially zoned property (see Article XIV).

(6) Minimum required parking: one space per 300 square feet of gross floor area.

D. Indoor food production. Any business whose principal activity is the production and wholesaling of plants or plant by-products (including fruits and vegetables) that are grown on site within an enclosed building or structure constructed chiefly of glass or glass-like material, cloth, or other transparent material. Such uses also often involve the seasonal display of plants and related products outdoors. Indoor food production also includes the farming of aquatic organisms (plants and animals) under controlled conditions and which is located entirely within an enclosed building and utilizes recirculating (closed) system technology. Such operations may also incorporate aquaponics, which is the symbiotic cultivation of plants and aquatic organisms in a recirculating system. Indoor food production land uses shall adhere to the following listed regulations:

(1) All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials or products from view of nonindustrialized areas at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of 0.80 (see Article XIV).

(2) Storage and/or outdoor display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters or by a clearly marked paved area.

(3) All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.

(4) The storage of items shall not be permitted in any landscaping areas, bufferyard areas, or permanently protected green space areas.

(5) In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Subsection D(14). If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.

(6) Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.

(7) Indoor aquaculture operations shall be connected to the municipal water and sanitary sewer system, and all wastewater shall be discharged to the municipal sanitary sewer system.

(8) Prior to the issuance of a conditional use permit, applicants wishing to establish indoor aquaculture operations shall prepare a report outlining the estimated average daily water usage and quantity of wastewater discharge. Such report shall be reviewed and approved by the Public Works Director.

(9) On-site processing of seafood is permitted, provided that the activity is conducted entirely within an enclosed building and no odors are detectable from the property line.

(10) The on-site retail sale of seafood or vegetables shall be considered indoor sales for light industrial subject to the provisions of § 510-47Q, provided that the area devoted to sales does not exceed 25% of the total area of the building(s) within which the operation is located. Retail areas that exceed 25% of the total area of the building(s) within which the operation is located shall be considered an indoor sales and service principal land use.

(11) Site plans shall be provided which indicate the location of all outdoor activity areas.

(12) On-site composting shall be permitted, subject to the following regulations:

(a) Compost areas shall be fully screened on all four sides.

(b) Composting shall comply with all county, state, and federal rules, regulations, and permitting requirements.

(13) No outdoor activity areas shall be located in bufferyard areas. No materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.

(14) Minimum required parking. For indoor aquaculture, one space for each 500 square feet of principal building area. For wholesale greenhouses, one space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift.

E. [2]Construction equipment sales and service. Construction equipment sales and service is a place where new and used construction equipment, such as dump trucks, excavators, graders, and scrapers are offered for rent, sale, lease, or exchange, or are taken on consignment. This use may include the repair of such equipment. This use shall adhere to the following regulations:

[Added 9-21-2020 by Ord. No. 2020-11]

(1) Outdoor display areas and other activity areas shall be located at least 50 feet from a property in a residential zoning district or a planned development district that allows residential uses and 25 feet from a property in a commercial or mixed-use zoning district.

(2) Minimum required parking: one space for each employee on the largest work shift.

[2] Editor's Note: Former Subsection E, Communication tower, as amended, was repealed 5-15-2017 by Ord. No. 2017-08.

F. Contractor yard. Contractor yards are used by a general contractor, excavation contractor, landscaping contractor, building contractor, oil or well drilling contractor, or similar business for the storage of vehicles, equipment, and materials used in the day-to-day operation of the business. This use may include a building which may be used for administrative offices, indoor storage, and the care and maintenance of equipment and vehicles in the fleet. Contractor yards shall adhere to the following listed regulations:

[Added 12-19-2016 by Ord. No. 2016-15]

(1) Type of outdoor storage. Outside storage of construction equipment and fleet vehicles is allowed. Construction materials may be kept out of doors provided such materials are being staged for a specific work project. The storage of construction debris, tree branches, wood chips, and the like is strictly prohibited.

(2) Equipment repair and maintenance. The repair and maintenance of construction equipment and vehicles must occur within an enclosed building, unless specifically permitted in the conditional use order authorizing the use.

(3) Sales. The on-premise sale, at retail or wholesale, of any materials is strictly prohibited.

(4) Incidental uses. Fabrication and assembly of component parts for use in a building project is permitted inside of a building on the subject property, provided such activity is of an incidental nature.

(5) Location of use areas. Outdoor storage areas and other activity areas related to this use may not be located (i) in the front-yard building setback area; (ii) within 30 feet of a side or rear lot line when the adjoining property is located in a residential zoning district, an agricultural zoning district, or a planned development district that allows residential uses; (iii) within 20 feet of a side or rear lot line when the adjoining property is located in a commercial zoning district; and (iv) 10 feet from a side or rear lot line when the adjoining property is located in any other zoning district. Employee parking areas may be located in those areas otherwise allowed in the zoning code.

(6) Fencing. Depending on the scale and nature of the contractor yard, the Plan Commission may on a case-by-case basis require a solid fence, as approved by the Plan Commission, in those areas where screening is needed in the judgment of the Plan Commission to mitigate potential impacts to adjoining properties.

(7) Control of fugitive dust. As part of the site plan and operation plan review process, the control of fugitive dust (e.g., dust from a gravel yard) generated by this use, if any, shall be addressed to the satisfaction of the Plan Commission.

(8) Hazardous materials and bulk fuel. As part of the site plan and operation plan review process, the storage of hazardous materials and bulk fuel, if any, shall be addressed to the satisfaction of the Plan Commission.

(9) Minimum required parking: one space per employee on the largest work shift.

G. "Telecommunication co-location, Class 1" means the placement of a new mobile service facility on an existing support structure which constitutes a substantial modification.

[Added 5-15-2017 by Ord. No. 2017-08]

H. "Telecommunication co-location, Class 2" means the placement of a new mobile service facility on an existing support structure which does not constitute a substantial modification.

[Added 5-15-2017 by Ord. No. 2017-08]

I. "Telecommunication tower" means a freestanding tower, with or without an equipment compound, that is intended for the placement of one or more mobile service facilities. Telecommunication towers shall adhere to the following listed regulations:

[Added 5-15-2017 by Ord. No. 2017-08]

(1) Federal requirements. A telecommunication tower shall comply with all applicable requirements of the Federal Communications Commission, the Federal Aviation Administration, and any other federal agency with authority to regulate telecommunication facilities. In the event of a conflict between federal law and this section, federal law shall prevail.

(2) Single parcel. The fall zone and all structures related to the telecommunication facility shall be located on a single parcel, including the tower, equipment compound, and anchor points for a guyed tower.

(3) Tower height. There is no limitation on the height of a tower, except if the tower is located in the Airport Height Restriction Overlay District (§ 510-69 of this Code).

(4) Fall zone and other setbacks. To ensure the fall zone for the tower is located entirely on the subject property, the center of the tower shall not be located closer to a property boundary line than height of the tower. If an applicant submits an engineering certification with the application that shows the fall zone is smaller than this distance, the fall zone shall be the smaller calculated area, unless the Village provides the applicant with substantial evidence that the engineering certification is flawed. The fence around anchor points for a guyed tower shall be located at least 25 feet from a property boundary line.

(5) Security fencing. A tower and related equipment compound, consisting of equipment buildings, shelters, and cabinets, shall be enclosed by a security fence (height and material to be established through the site plan review process). If the tower is a guyed tower, each of the anchor points shall be enclosed by a security fence.

(6) Lighting. A tower or any attachment shall not be artificially lighted, except when specifically required by a state agency, the Federal Aviation Administration, or another federal authority. Such required lighting shall be the least obtrusive to the surrounding views.

(7) Equipment buildings. The exterior of equipment buildings, shelters, and cabinets exceeding 1,500 cubic feet shall be covered with building materials typically used on buildings found in the area.

(8) Emergency power system. A backup generator may be placed within the equipment compound.

(9) Identification sign. An identification sign no larger than 18 inches by 24 inches shall be placed in a visible location near the base of the tower that lists:

(a) The name of the tower owner;

(b) The Federal Communications Commission identification number; and

(c) A telephone number to contact in case of an emergency.

(10) Accommodation of other users on new towers (co-location). A tower over 150 feet in height, along with the tower site and all support facilities and appurtenances, shall accommodate at least two additional users, unless the Zoning Administrator determines that evidence presented by the tower operator demonstrates it is not technically feasible to do so. Further, the tower operator and its successors in interest shall allow other users to use the tower, the tower site, support facilities, and appurtenances at fair market rates as negotiated by those parties. If the Plan Commission determines the tower operator has made access to the tower and tower site unfeasible, the Zoning Administrator shall notify the tower operator via registered mail of such determination. If the tower operator does not take corrective action within 45 days of such determination, the permit for that tower shall become null and void and the tower shall be removed and the site restored within 90 days of such determination.

(11) Requirement for co-location. A new tower shall only be permitted if the applicant demonstrates with a sworn statement that co-location on an existing or planned tower within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider. If the applicant does not provide such analysis and sworn statement, the application for a new tower shall be denied.

(12) Co-location review. The co-location of an antenna or antenna array on an existing tower is permitted, subject to site plan, building plan, and plan of operation review.

(13) Landscaping. Landscaping shall be placed around the equipment enclosure and anchor points for guyed towers consistent with a landscaping plan as approved by the Plan Commission. After reviewing the location of the facility and the visibility of the facility from public rights-of-way and adjoining properties, the Plan Commission may waive this landscape requirement or defer the requirement to a later date.

(14) Lease agreement. If the operator of the telecommunication tower does not own the land where the facility is to be located, the property owner and the operator shall execute a lease agreement prior to any land-disturbing activity. Such agreement shall be binding on future property owners and future operators and shall address the rights and responsibilities of each party with respect to the requirements in this Code, including Subsection I(16) and (17) of this section. If the tower is located on Village property, the agreement shall be in the form of a license agreement that is subject to the approval of the Village Attorney.

(15) Ongoing maintenance. The subject property shall be maintained and kept in a good condition, so as not to become a nuisance, as determined by the Plan Commission. Proper maintenance includes regular lawn and landscaping care, and painting and regular care of building(s), fences, towers, and other improvements. Additionally, the site shall be kept clear of junk and debris.

(16) Termination of approval. If the Zoning Administrator determines that the tower is unsafe or otherwise defective or that the tower has not hosted an operational antenna for a continuous period of 12 months, the Administrator shall initiate the process to terminate the use, which must include a public hearing with written notice given to the property owner, and operator if different. Within 90 days after the date of termination, the property owner shall remove the tower, equipment cabinets, and all related equipment and improvements that are part of its communication facilities and restore the site to the satisfaction of the Zoning Administrator. In the event such work is not done within the specified period, the Village shall have the right to use the financial guarantee as required by this section to pay for such work.

(17) Financial guarantee. Prior to issuance of a building permit authorizing construction of a tower, the applicant shall submit a financial guarantee in the amount of $20,000 to the Village. The financial guarantee shall be held until the tower and related improvements are removed and the site restored to the satisfaction of the Zoning Administrator.

(18) Third-party consultant. The Zoning Administrator may, at the applicant's expense, hire a third-party consultant to conduct an objective analysis of the submitted materials, including the application, calculation of the fall zone, and certification that co-location is not possible. The third-party consultant may not charge the applicant for any travel expenses incurred in such review.

J. Indoor mushroom production. A place where mushrooms are grown or otherwise propagated indoors. The term includes processing and storage of mushrooms and materials needed in the production process. Indoor mushroom production shall adhere to the following listed regulations:

[Added 3-18-2019 by Ord. No. 2019-02]

(1) Storefront. A retail storefront for the sale of mushrooms and/or mushroom growing items must be open for business at least 20 hours per week starting three months following occupancy of the building. The floor area of the storefront must be at least 300 square feet and the exterior door accessing the storefront must be clearly visible from the street.

(2) Indoor operations. All operations, except deliveries, and related storage must occur inside of the building. Outdoor storage is strictly prohibited.

(3) Qualifying buildings. Indoor mushroom production can only be located in a building that existed on January 1, 2019, and that meets all applicable building codes for the intended use. Additions to such building are not allowed, except for retail sales.

(4) Minimum required parking. For indoor mushroom production, one space for each 400 square feet devoted to retail sales, plus one space per each employee on the largest work shift.

K. Contractor shop/showroom. A place a contractor can use for office operations and for storing tools, equipment, and other related materials. Contractor shop/showroom shall adhere to the following listed regulations:

[Added 8-19-2019 by Ord. No. 2019-08]

(1) Storefront/show. A retail storefront/showroom for products specifically related to the contractor's business must be open for business at least 20 hours per week starting three months following occupancy of the building. The floor area of the storefront/showroom must be at least 300 square feet and the exterior door accessing the storefront/showroom must be clearly visible from the street.

(2) Indoor operations. All operations, except deliveries, and related storage must occur inside of the building. Outdoor storage of materials is strictly prohibited. No more than three company vehicles may be parked out of doors from 10:00 p.m. to 5:30 a.m.

(3) Qualifying buildings. A contractor shop/showroom can only be located in a building that existed on January 1, 2019, and that meets all applicable building codes for the intended use. Additions to such building are not allowed, except for retail sales/showroom. Overhead doors/loading bays may be added to such building, with Plan Commission approval, but only when not readily visible from the street.

(4) Minimum required parking. For contractor shop/showroom, one space for each 400 square feet devoted to retail sales/showroom, plus one space per each employee on the largest work shift.

§ 510-44 Storage land uses.

A. Indoor storage and wholesaling. Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 510-47Q below. Indoor storage and wholesaling land uses shall meet the following minimum parking requirement: one space per 2,000 square feet of gross floor area.

B. Multipurpose business storage. Multipurpose business storage uses are primarily oriented to those businesses that require an office/reception/display area and a larger storage area for stock goods, materials, equipment, and supplies. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of potential businesses include plumbing or electrical contractor, product sales representative, and small-scale warehousing. This use shall provide one parking space per 500 square feet of gross floor area and two parking spaces for each fleet vehicle kept on the premises (i.e., one space for the fleet vehicle and one for the employee's vehicle).

[Added 11-16-2015 by Ord. No. 2015-08[1]]

(1) When located in the Highway Business (HB) Zoning District, the following additional standards apply:

(a) The front portion of the building is specifically reserved for office, administrative, and/or display purposes and the back portion is used for storage of stock goods, materials, supplies, and equipment specifically related to the business occupying the space. These two areas are to be separated by a wall which may include one or more doorways for access. The overall design is intended to look like a traditional retail business space from the street on which it fronts.

Front view of multitenant building

(b) Overhead doors may be located on the back of the building to provide access to the storage space. All overhead doors shall be located so they are not readily visible from a public street. Screening shall be provided to obscure the view of any overhead doors visible from an adjoining parcel zoned for a residential use.

Rear view of multitenant building

(c) This use may be located in a single building or in a multitenant building. When this use is located in a single building, the maximum floor area is 2,500 square feet. When this use is located in a multitenant building with two or three tenant spaces, the maximum floor area of this use is 2,500 square feet. When this use is located in a multitenant building with four or more tenant spaces, the maximum floor area of this use is 5,000 square feet. When located in a multitenant building, the requirements in § 510-108 (Group development standards) apply.

(d) Fleet vehicles must be parked behind the rear of the building in a separate parking area. Screening shall be provided to obscure the view of such parking area from an adjoining parcel zoned for a residential use. The maximum number of fleet vehicles that may be parked out of doors is dictated by the floor area of the building as set forth in the following table.

	Floor Area	Maximum Number of Fleet Vehicles
	Less than 1,000 square feet	2
	1,000 to 1,999 square feet	3
	2,000 to 3,999 square feet	5
	4,000 to 5,000 square feet	7

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsections B and C as Subsections C and D, respectively.

C. Outdoor storage and wholesaling. Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumberyards, coal yards, landscaping materials yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperable vehicles or equipment or other materials typically associated with a junkyard or salvage yard (see § 510-46D). Outdoor storage and wholesaling land uses shall adhere to the following listed regulations:

(1) All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials from view from nonindustrialized areas at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of 0.80 (see Article XIV).

(2) The storage of items shall not be permitted in required frontage landscaping areas, bufferyard areas, or permanently protected green space areas.

(3) In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Subsection B(7). If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.

(4) Storage areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters or by a clearly marked paved area.

(5) Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.

(6) Inoperable vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored under the provisions of this land use.

(7) Minimum required parking: one space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift.

D. Personal storage facility. Personal storage facilities, also known as "mini warehouses," are land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned storage area. Such storage areas may be available on either a condominium or a rental basis. Personal storage facilities shall adhere to the following listed regulations:

(1) Facility shall be designed so as to minimize adverse visual impacts on nearby developments. The color, exterior materials, and orientation of proposed buildings and structures shall complement surrounding development.

(2) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.80 along all property borders abutting residentially zoned property (see Article XIV).

(3) No electrical power shall be run to the storage facilities, except for exterior lighting.

(4) Minimum required parking: one space for each employee on the largest work shift.

E. Salt storage shed. Salt storage sheds are structures for storing salt stockpiles typically associated with a municipal public works department or a snow plowing business. Salt storage sheds shall adhere to the following listed regulations:

[Added 11-16-2015 by Ord. No. 2015-08]

(1) Prior to the establishment of this use, the property owner shall obtain and maintain all necessary approvals from the Wisconsin Department of Transportation under Ch. Trans 277, Wis. Admin. Code, and any other state agency or the federal government.

(2) When located in the Highway Business Zoning District, the shed shall be located so that it is not readily visible from a public street. Additionally, screening shall be provided to obscure the view of the shed from an adjoining parcel zoned for a residential use.

F. Vehicle storage and impound yard: A place for the temporary storage of wrecked and/or inoperative and/or abandoned motor vehicles. The dismantling, wrecking, or sale of said vehicles or parts thereof is strictly prohibited. Vehicle storage and impound yards shall provide one parking space for each employee on the largest work shift.

[Added 3-21-2016 by Ord. No. 2016-04]

G. Bus yard. Bus yards are a place where buses are parked when not in use and may include administrative offices and a building for the storage, care, and maintenance of buses in the fleet. Bus yards shall adhere to the following listed regulations:

[Added 12-19-2016 by Ord. No. 2016-15]

(1) Location of use areas. Outdoor storage areas and other activity areas related to this use may not be located (i) in the front-yard building setback area; (ii) within 30 feet of a side or rear lot line when the adjoining property is located in a residential zoning district, an agricultural zoning district, or a planned development district that allows residential uses; (iii) within 20 feet of a side or rear lot line when the adjoining property is located in a commercial zoning district, and (iv) 10 feet from a side or rear lot line when the adjoining property is located in any other zoning district. Employee parking areas may be located in those areas otherwise allowed in the zoning code.

(2) Vehicle maintenance. The repair and maintenance of busses and other vehicles in the fleet must occur within an enclosed building.

(3) Fencing. Depending on the scale and nature of the bus yard, the Plan Commission may on a case-by-case basis require a solid fence, as approved by the Plan Commission, in those areas where screening is needed in the judgment of the Plan Commission to mitigate potential impacts to adjoining properties.

(4) Control of fugitive dust. As part of the site plan and operation plan review process, the control of fugitive dust (e.g., dust from a gravel yard) generated by this use, if any, shall be addressed to the satisfaction of the Plan Commission.

(5) Hazardous materials and bulk fuel. As part of the site plan and operation plan review process, the storage of hazardous materials and bulk fuel, if any, shall be addressed to the satisfaction of the Plan Commission.

(6) Minimum required parking: one space per employee on the largest work shift.

§ 510-45 Transportation land uses.

A. Transit center. A building, structure, and/or area designed and used for the purpose of loading, unloading, or transferring passengers or accommodating the movement of passengers from one mode of transportation to another. Examples include bus stations, train stations, and park and ride stations. Transit centers shall adhere to the following listed regulations:

(1) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Article XIV).

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

(3) Minimum required parking. As sufficient to accommodate parking needs.

B. Distribution center. Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 510-47Q below. Distribution centers shall adhere to the following listed regulations:

(1) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Article XIV).

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

(3) In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

(4) Minimum required parking: one space per each employee on the largest work shift.

C. Freight terminal. Freight terminals are defined as land and buildings representing either end of one or more truck carrier line(s) which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities, principally serving several or many businesses requiring transshipment. Freight terminals shall adhere to the following listed regulations:

(1) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Article XIV).

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

(3) In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

(4) Minimum required parking: one space per each employee on the largest work shift.

D. Airport. Airports are transportation facilities providing takeoff, landing, servicing, storage, and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this chapter shall occur only in conjunction with an approved airport. Airports shall adhere to the following listed regulations:

(1) Airports shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all borders of the property not otherwise completely screened from activity areas by buildings or structures (see Article XIV).

(2) The East Troy Municipal Airport is governed by the provisions of Chapter 176, Airport, Article I, Aeronautical Services, of the Village Code, the Declaration of Lease Restrictions and Protective Covenants, and the Standard Conditions and Policies of the Lease Restrictions and Protective Covenants for the East Troy Municipal Airport.[1]

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

(3) Minimum required parking: one space per each employee on the largest work shift, plus one space per every five passengers based on average daily ridership.

E. Off-site parking. Off-site parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed, and operable. See also § 510-93 for additional parking regulations. Off-site parking facilities shall adhere to the following regulation: access and vehicular circulation shall be designed so as to discourage cut-through traffic.

§ 510-46 Extraction and disposal land uses.

A. Extraction. Extraction uses include land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities. Extraction land uses shall adhere to the following listed regulations:

(1) Shall receive approval from the county prior to action by the Village of East Troy and shall comply with all county, state, and federal regulations.

(2) Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property other than permanent open space (see Article XIV).

(3) All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.

(4) Required site plans shall include detailed site restoration plans, which shall include, at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110% of the costs determined to be associated with said restoration (as determined by a third party selected by the Village), shall be filed with the Village by the petitioner (subject to approval by the Zoning Administrator) and shall be held by the Village for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for publicly owned waste disposal facilities.)

(5) Minimum required parking: one space per each employee on the largest work shift.

B. Composting. Composting operations are any land uses devoted to the collection, storage, processing, and/or disposal of vegetation. Composing land uses shall adhere to the following listed regulations:

(1) Shall comply with all county, state, and federal regulations.

(2) Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property occupied by nonagricultural land uses (see Article XIV).

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

(4) No food scraps or other vermin-attracting materials shall be processed, stored, or disposed of on site.

(5) Operations shall not involve the on-site holding, storage, or disposal of hazardous wastes as defined by state statutes in any manner.

(6) Minimum required parking: one space for each employee on the largest work shift.

C. Recycling and waste disposal. Recycling land uses include recycling facilities not involving the on-site storage of salvage materials. Waste disposal facilities are any facilities and/or areas used for the disposal of solid wastes, including those defined by § 289.01(33), Wis. Stats., but not including composting operations (see Subsection B above). Recycling and waste disposal facilities shall adhere to the following listed regulations:

(1) Shall comply with all county, state, and federal regulations.

(2) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all borders of the property (see Article XIV).

(3) All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.

(4) Operations shall not involve the on-site holding, storage, or disposal of hazardous materials as defined by state statutes in any manner.

(5) Required site plans shall include detailed site restoration plans, which shall include, at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110% of the costs determined to be associated with said restoration (as determined by a third party selected by the Village), shall be filed with the Village by the petitioner (subject to approval by the Zoning Administrator) and shall be held by the Village for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for recycling and waste disposal facilities owned by public agencies.)

[Amended 6-15-2015 by Ord. No. 2015-02]

(6) Minimum required parking: one space for each employee on the largest work shift.

D. Salvage yard or junkyard. Junkyard or salvage yard facilities are any land or structure used for a salvaging operation, including but not limited to the aboveground, outdoor storage and/or sale of wastepaper, rags, scrap metal, and any other discarded materials intended for sale or recycling, and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperable vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use. Salvage yard or junkyard land uses shall adhere to the following listed regulations:

(1) Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Article XIV).

(2) All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 50 feet from all roads and 100 feet from all lot lines.

(3) In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

(4) Operations shall not involve the storage, handling, or collection of hazardous materials as defined by state statutes.

[Amended 6-15-2015 by Ord. No. 2015-02]

(5) Minimum required parking: one space for every 20,000 square feet of gross storage area, plus one space for each employee on the largest work shift.

§ 510-47 Accessory land uses and structures.

A. Accessory uses are land uses which are incidental to the principal activity conducted on the subject property. In addition to specific requirements for each accessory use listed under Subsections B through W (below), accessory land uses shall adhere to the following requirements:

[Amended 3-19-2018 by Ord. No. 2018-02]

(1) Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

(2) No accessory use or structure shall be constructed on any lot prior to establishment of an allowable principal use, unless otherwise stated in this chapter.

(3) No accessory structure shall exceed the height of or have a larger floor area than the principal structure.

(4) With the exception of an in-family suite (see Subsection F) or accessory dwelling units (see Subsection G), in no instance shall an accessory structure, cellar, basement, tent, or recreational trailer be used as a residence.

(5) Accessory uses and structures shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard, except when there is a shore yard. In instances where there is a shore yard, shore yards shall be treated as front yards and street yards as rear yards, whereby accessory structures may be located between a principal building and a street frontage on the same lot.

(6) Accessory uses are permitted in the rear yard only of residential zoning districts.

B. Home occupation. Home occupations are economic activities performed within a single-family detached residence. Examples include personal and professional services and handicrafts. Home occupations are intended to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a business district. Home occupations are limited to service-oriented businesses and businesses that do not generate customer visits. Home occupations shall adhere to the following listed regulations:

(1) The home occupation shall be conducted only within the enclosed area of the dwelling unit or attached garage.

(2) There shall be no exterior alterations which change the character of the structure as a single-family dwelling unit.

(3) There shall be no exterior evidence of the home occupation, other than those signs permitted per Subsection B(6).

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

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

(6) Signage for a home occupation shall comply with all applicable requirements set forth in Article XV.

[Amended 7-21-2014 by Ord. No. 2014-08]

(7) Home occupations shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

(8) The Village Board may determine the percentage of the property that may be devoted to the occupation, but this shall not exceed 30%.

(9) No mechanical or electrical equipment shall be installed or maintained other than such as customarily incidental to domestic use.

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

(11) A home occupation shall not endanger the public health and safety and shall not interfere with other parcels in the neighborhood.

(12) Sale or transfer of the property shall cause the conditional use permit to be null and void.

C. Expanded home occupation. Expanded home occupations are intended to provide greater flexibility than home occupations in terms of number of employees, number of customer visits, and allowable occupations. For example, retail trade may be conducted in an expanded home occupation, whereas home occupations are limited to service-oriented businesses and businesses that do not generate customer visits. Expanded home occupations shall adhere to the following listed regulations:

(1) The expanded home occupation shall be conducted only within the enclosed area of the dwelling unit or attached garage.

(2) There shall be no exterior alterations which change the character of the structure as a single-family dwelling unit and/or exterior evidence of the expanded home occupation, other than those signs permitted in accordance with Subsection C(5).

[Amended 6-15-2015 by Ord. No. 2015-02]

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

(4) No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference, or any other nuisance not normally associated with residential uses.

(5) Signage for an expanded home occupation shall comply with all applicable requirements set forth in Article XV.

[Amended 7-21-2014 by Ord. No. 2014-08]

(6) Expanded home occupations shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

(7) The Village Board may determine the percentage of the property that may be devoted to the expanded home occupation, but this shall not exceed 30%.

(8) Manufacturing of items or products on the premises is prohibited.

(9) No mechanical or electrical equipment shall be installed or maintained other than such as customarily incidental to domestic use.

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

(11) An expanded home occupation shall not endanger the public health and safety and shall not interfere with other parcels in the neighborhood.

D. Family day-care home (four children to eight children). Family day-care homes are occupied residences in which a qualified person or persons provide child care for four children to eight children. The care of fewer than four children is not subject to the regulations of this chapter. State law reference: § 66.1017(1)(a), Wis. Stats.

E. Intermediate day-care home (nine children to 15 children). Intermediate day-care homes are occupied residences in which a qualified person or persons provide child care for nine children to 15 children. State law reference: § 48.65, Wis. Stats.

F. In-family suite. The in-family suite is an area within a dwelling unit that may contain separate kitchen, dining, bathroom, laundry, living, sleeping, and recreation areas, including exterior porches, patios, and decks. In addition to the required internal physical connection, separate outdoor access or separate access to the garage may be provided. However, external stairs serving as the primary access to the in-family suite are prohibited. In-family suites shall adhere to the following listed regulations:

(1) In-family suites may not be occupied by a nonfamily member.

(2) In-family suites should be considered and regulated as part of a single-family dwelling unit.

(3) The principal dwelling unit and the in-family suite shall together appear as a single-family dwelling.

(4) A separate walled garage area or driveway is not permitted.

(5) A separate address for the in-family suite is not permitted.

(6) A separate utility connection or meters are not permitted.

(7) A physical all-weather connection between the main living area and the in-family suite must be present. This required connection may not occur through an attic, basement, garage, porch, or other nonliving area. A door may be used to separate the in-family suite from the principal dwelling but may not be locking, except that a locking door may be used for the bedroom and bathroom doors of the in-family suite.

(8) When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as, an in-family suite, the building plan shall be marked as "not a separate dwelling unit or apartment" and a signed letter from the applicant stating agreement with this condition shall be filed.

G. Accessory dwelling unit. Accessory dwelling units are residential dwellings located directly above the ground floor of a building used for an office, commercial, or institutional land use or a residential dwelling unit located on the same lot as a single-family dwelling unit, either in the same building as the single-family dwelling unit or in a detached building. Accessory dwelling units may also be permitted on the ground floor of a building used for an office, commercial, or institutional land use but may not be within the first 24 feet of the ground floor measured from the front of the building. Accessory dwelling units shall adhere to the following listed regulations:

(1) The number of occupants of the accessory dwelling unit shall not exceed one family plus one roomer or two unrelated individuals.

(2) Additional entrances shall not be added to the front elevation of an existing building but may be added to side or rear or street side elevations.

(3) Accessory dwelling units shall adhere to the setback requirements and standards for the underlying zoning district.

(4) On corner lots, primary entrances to accessory dwelling units shall be placed on the facade parallel to the side street.

(5) Accessory dwelling unit entryways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway.

(6) For accessory dwelling units located on the same lot as a single-family dwelling unit, the following additional regulations shall apply:

(a) Principal building must be owner-occupied.

(b) The accessory dwelling unit shall not be sold separately from the principal dwelling.

(c) The maximum size of an accessory dwelling unit shall not exceed 75% of the principal dwelling's floor area, up to a maximum size of 700 square feet.

(d) The appearance or character of the principal building must not be significantly altered so that its appearance is no longer that of a single-family dwelling.

(e) The exterior finish material must match in type, size and placement the exterior finish material of the principal dwelling unit.

(f) The roof pitch must match the predominant roof pitch of the principal dwelling unit or structure.

(g) Trim must match the trim used on the principal dwelling unit.

(h) Projecting eaves must match those of the principal dwelling unit or structure.

(i) Windows must match those in the principal dwelling unit in both proportion (relationship of width to height) and orientation (horizontal or vertical).

H. Farm residence. A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in § 510-40.

I. Migrant employee housing. Migrant employee housing includes any facility subject to the regulation of § 103.90(3)(a), Wis. Stats. Migrant employee housing shall adhere to the following listed regulations:

(1) Migrant employee housing shall be surrounded by a bufferyard with a minimum opacity of 0.60 (see Article XIV) along all property lines adjacent to all properties in residential or business zoning districts.

[Amended 6-15-2015 by Ord. No. 2015-02]

(2) Migrant employee housing shall be an accessory use to an active principal land use and under the same ownership.

J. Accessory buildings.

[Amended 6-15-2015 by Ord. No. 2015-02; 3-19-2018 by Ord. No. 2018-02; 5-20-2019 by Ord. No. 2019-05]

(1) Residential accessory building: a detached building customarily found with a residential use as an accessory use. The term includes greenhouses, detached garages, sheds, gazebos, pool cabanas, and the like. Residential accessory buildings shall adhere to the following regulations and any others that may apply:

(a) Number. In addition to one accessory building less than 150 square feet, one additional accessory building shall be allowed per lot.

(b) Maximum floor area. The maximum floor area of the additional accessory building shall not exceed the following square footage for each lot size:

[1] Lot area less than 30,000 square feet: 484 square feet.

[2] Lot area from 30,000 square feet to 39,999 square feet: 690 square feet.

[3] Lot area from 40,000 square feet to 49,999 square feet: 920 square feet.

[4] Lot area from 50,000 square feet to 59,999 square feet: 1,150 square feet.

[5] Lot area from 60,000 square feet to 69,999 square feet: 1,380 square feet.

[6] Lot area from 70,000 square feet to 79,999 square feet: 1,610 square feet.

[7] Lot area from 80,000 square feet to 89,999 square feet: 1,840 square feet.

(c) Placement. The accessory building that is less than 150 square feet may only be located in the rear yard or the side yard. The other accessory building must be located in the rear yard, except as described in this subsection. If there is not enough room in the rear yard to place the other accessory building, the building may be located in the rear and side yard, provided the back of the building is within 110% of the rear yard setback for the zoning district in which the parcel is located. If the property owner would like to place the other accessory building in a different location, the Plan Commission may allow an alternative location as a special exception, provided the front of the accessory building is at least five feet behind the front face of the principal building that is most distant from the front lot line.

(d) Materials. With the exception of farm buildings, accessory buildings located within a residential district shall be constructed or finished in a complementary architectural style and with complementary materials to the principal residential buildings in the neighborhood.

(2) Nonresidential accessory building: a detached building customarily found with a nonresidential use as an accessory use. The term includes greenhouses, detached garages, sheds, and the like. Nonresidential accessory buildings shall adhere to the following regulations and any others that may apply:

(a) Number. In addition to one accessory building less than 150 square feet, one additional accessory building shall be allowed per lot.

(b) Maximum floor area. The maximum floor area of the additional accessory building shall not exceed the following square footage for each lot size:

[1] Lot area less than 30,000 square feet: 484 square feet.

[2] Lot area from 30,000 square feet to 39,999 square feet: 690 square feet.

[3] Lot area from 40,000 square feet to 49,999 square feet: 920 square feet.

[4] Lot area from 50,000 square feet to 59,999 square feet: 1,150 square feet.

[5] Lot area from 60,000 square feet to 69,999 square feet: 1,380 square feet.

[6] Lot area from 70,000 square feet to 79,999 square feet: 1,610 square feet.

[7] Lot area from 80,000 square feet to 89,999 square feet: 1,840 square feet.

(c) Placement. The accessory building that is less than 150 square feet may only be located in the rear yard or the side yard. The other accessory building must be located in the rear yard, except the Plan Commission may allow an alternate location as a special exception, provided the front of the accessory building is at least five feet behind the front face of the principal building that is most distant from the front lot line.

K. Residential recreational facility. This land use includes all active outdoor recreational facilities located on a private residential lot which are not otherwise listed in the Table of Land Uses in § 510-38. Common examples include swing sets, tree houses, basketball courts, tennis courts, and recreation-type equipment. Residential recreational facilities shall adhere to the following listed regulations:

[Amended 8-19-2019 by Ord. No. 2019-09]

(1) All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures (see Article VIII).

(2) Materials and lighting at said property line are to be equal to or less than 0.5 footcandle (see § 510-95).

(3) Tree houses and similar platforms shall not exceed a platform height of eight feet and shall be set back twice their elevation from any property line.

L. Residential kennel or stable. A residential kennel is the housing of any combination of more than three dogs and/or cats over six months of age within a residential dwelling unit. A residential stable is an accessory structure that is designed for the keeping of equines for the private use of the occupants of the principal dwelling and their guests, but in no event for hire. Residential kennels and stables shall adhere to the following listed regulations:

(1) Outdoor containments for animals shall be located a minimum of 25 feet from any residentially zoned property.

(2) A minimum lot area of 175,000 square feet (four acres) is required for a private residential stable.

(3) A maximum of one horse per two acres of fully enclosed (by fencing and/or structures) area is permitted.

(4) The minimum permitted size of a horse or similar animal stall shall be 100 square feet.

M. On-site parking. On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed, and operable. On-site parking areas shall adhere to the following regulation: access and vehicular circulation shall be designed to discourage cut-through traffic.

N. Company cafeteria. A company cafeteria is a food service operation which provides food only to company employees and their guests. Company cafeterias shall adhere to the following listed regulations:

(1) Company cafeterias shall meet state food service requirements.

(2) Company cafeterias shall be located on the same property as a principal land use engaged in an operation other than food service.

O. Company on-site recreation. This land use includes any active or passive recreational facility located on the same site as a principal land use and which is reserved solely for the use of company employees and their guests. Company on-site recreational facilities shall adhere to the following listed regulations:

(1) All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property.

(2) Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Article XIV). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

(3) Facilities using night lighting shall require a conditional use permit.

P. Incidental outdoor display. Incidental outdoor display includes the sale and display of merchandise or equipment outside of an enclosed building and is incidental to a principal commercial or industrial land use. Incidental outdoor display land uses shall comply with all regulations of § 510-42E, and the display area shall not exceed 25% of gross floor area of the principal building on the site.

Q. Incidental indoor sales. Incidental indoor sales include any retail sales activity conducted exclusively indoors which is incidental to a principal land use such as warehousing, wholesaling, or any light industrial land use on the same site. Incidental indoor sales shall adhere to the following listed regulations:

(1) The total area devoted to sales activity shall not exceed 25% of the total area of the buildings on the property. Areas devoted to artisan studio uses such as custom ceramics, glass, wood, paper, fabric, and similar crafts may exceed 5,000 square feet with the granting of a conditional use permit for such use.

(2) Shall provide rest room facilities directly accessible from retail sales area.

(3) The retail sales area shall by physically separated by a wall from all other activity areas.

(4) Minimum required parking. Adequate parking, per the requirements of § 510-42D, shall be provided for customers. Said parking shall be in addition to that required for the principal land use.

R. Incidental light industrial. These land uses include any light industrial activity conducted exclusively indoors which is incidental to a principal land use, such as indoor sales or service, on the same site. Incidental light industrial shall adhere to the following listed regulations:

(1) The total area devoted to light industrial activity shall not exceed 15% of the total area of the buildings on the property or 5,000 square feet, whichever is less.

(2) The production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by § 510-100 for all adjacent properties.

(3) Minimum required parking: per § 510-93.

S. Exterior communications device. This land use includes any structures used for communication reception, such as satellite dishes. Exterior communications devices shall adhere to the following listed regulations:

(1) Installation standards. Signal receiving antennas installed in any zoning district within the Village shall comply with the following provisions:

(a) Any signal receiving antenna and its mounting post shall be located a minimum of 15 feet from any property line.

(b) Subject to the provisions herein, signal receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property. For corner lots, a side yard is only a yard that does not face a street.

(c) If side yard, front yard, or roof mounting is requested, the Zoning Administrator shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.

(2) Mounting. Signal receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Zoning Administrator may require engineering calculations.

(3) Diameter. The diameter of signal receiving antenna shall not exceed 10 feet, and six feet for a roof-mounted antenna, except for systems used to provide community antenna television services.

(4) Height.

(a) A ground-mounted signal receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed 10 feet in height, as measured from the ground to the highest point of the antenna.

(b) A roof-mounted antenna may not exceed eight feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.

(5) Exterior communication devices shall be erected and installed in accordance with the State Electrical Code adopted by reference in Chapter 210, Building Construction, of the Village Code, the National Electrical Safety Code, the Federal Communications Commission and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.[1]

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

T. Ham radio tower and antenna. This land use includes any structures, appurtenances, and components used for ham radio purposes that are located outside of a permitted principal or accessory structure. Depending on the height of the structure, ham radio towers and antennas either are permitted by right or may require a conditional use permit, as indicated in Subsection T(1) through (3), below. Ham radio towers and antennas shall adhere to the following listed regulations:

(1) Ham radio devices up to 45 feet in height are permitted by right as an accessory use in all zoning districts. Such ham radio devices shall adhere to the following regulations:

(a) Such ham radio devices shall require a building permit and on-site inspection (and related fees) for all installations for placement, height, structural integrity, and electrical connections.

(b) No portion of such ham radio device is permitted between the principal structure and a public street.

(c) All portions of such ham radio device shall comply with the side and rear yard setback requirements for accessory structures for the subject property's zoning district.

(2) Ham radio devices between 45 and 75 feet in height are permitted by right as an accessory use in all zoning districts. Such ham radio devices shall adhere to the following regulations:

(a) Such ham radio devices shall require a building permit and on-site inspection (and related fees) for all installations for placement, height, structural integrity and electrical connections.

(b) No portion of such ham radio device is permitted between the principal structure and a public street.

(c) Device shall be subject to the site plan review process per § 510-160. As part of this process, the agenda for the Plan Commission's consideration of the site plan shall be mailed to the owners of properties adjacent (including properties adjacent at lot corners) to the subject property. The purpose of this notice is to provide the owners of adjacent properties an opportunity to learn about the federal limitations on the Village's regulation of ham radio devices and the details of the proposed installation and to provide comments about the proposed site plan. A formal public hearing is not required.

(d) All portions of such ham radio device exceeding the maximum height for an accessory structure shall provide minimum side and rear yard setbacks equivalent to the requirements for accessory structures for the subject property's zoning district, plus one additional foot of setback for every three feet of additional maximum height over 45 feet.

(3) Ham radio devices not complying with all requirements for either Subsection T(1) or (2) above, including proposed device with a height of over 75 feet, shall adhere to the following regulations:

(a) Such ham radio devices shall require a building permit and on-site inspection (and related fees) for all installations for placement, height, structural integrity, and electrical connections.

(b) Such ham radio devices shall be subject to the conditional use process per § 510-157. The applicant shall demonstrate the necessity to seek a waiver from any and all requirements of either Subsection T(1) or (2), to the satisfaction of the Plan Commission. As consistent with any proposed conditional use, the Plan Commission may approve the proposal, may add conditions of approval, or may deny the application.

U. Lawn care. Lawn care includes any activity involving the preparation of the ground and/or installation and maintenance of vegetative ground cover (including gardens). Lawn care is not permitted in certain permanently protected green space areas.

V. Stormwater facilities. These include all improvements, including but not limited to swales, ditches, culverts, drains, tiles, gutters, levees, basins, detention or retention facilities, impoundments, and dams, intended to affect the direction, rate and/or volume of stormwater runoff, snowmelt, and/or channelized flows across, within, and/or away from a site. Stormwater facilities shall also adhere to applicable state regulations and regulations in the Village of East Troy Municipal Code.

W. Septic systems. This land use includes any state-enabled, county-approved septic disposal system. Septic systems shall comply with the applicable state regulations and regulations in the Village of East Troy Municipal Code related to the protection of natural resources. The minimum lot size for installation of a septic system is 1/2 acre (21,780 square feet).

X. Vehicle towing establishment. A place where tow trucks may be kept along with towed vehicles, provided such use is associated with a vehicle sales establishment under § 510-42, and the scale of the operation is clearly incidental to the vehicle sales establishment as may be established by the Plan Commission. Vehicle towing establishments shall adhere to the following listed regulations:

[Added 3-21-2016 by Ord. No. 2016-04]

(1) One parking space for each tow truck kept on the premises if the principal use does not comply with the number of parking spaces as required by this code.

(2) Towed vehicles stored on the premises shall be kept inside of an enclosed building.

Y. Swimming pool. A swimming pool is a receptacle or other container that can hold 36 inches or more of water at any point and that is used for recreational purposes and which is not located within a building with exterior walls. The term includes above-ground designs, below-ground designs, and hot tubs and spas, whether such pools are temporary or permanent. The term also includes structural facilities, appliances, appurtenances, equipment, and other items used and intended to be used for the operation and maintenance of a swimming pool. Swimming pools must comply with the following requirements:

[Added 8-19-2019 by Ord. No. 2019-09]

(1) Exemptions.

(a) Modular or one-piece aboveground pools erected on a seasonal basis are exempt from the provisions of this subsection, except that they shall be located a minimum of six feet from any lot line or building and must be in rear or side yards only.

(b) Storable one-piece swimming or wading pools that may be readily disassembled for storage and reassembled to their original integrity are exempt from the provisions of this subsection.

(c) Spas and hot tubs with lockable tops are also exempt.

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

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

(4) All electrical installations, including lighting and heating, which are used in conjunction with a swimming pool shall comply with applicable state laws and Village ordinances regulating electrical installations.

(5) Setbacks and other requirements. A swimming pool shall be erected or constructed in rear or side yards only, and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building. All swimming pools shall be at least six feet from any lot line or building unless designed and approved as an addition to a building.

(6) Principal use required. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(7) Safety features. A fence as described in this subsection must be installed around the perimeter of an in-ground pool and around an above-ground pool, except when the side wall of the above-ground pool is 48 inches or more and the grade extending away from the pool for a distance of four feet is at the same or a lower grade as the base of the pool. When required, a fence (i) must be of sufficient strength to prevent access to the pool; (ii) may not have any voids, holes, or openings larger than four inches in diameter; (iii) must be at least four feet in height; (iv) may not be closer than four feet to the pool edge; and (v) must be located so that the surrounding grade extending away from the fence for a distance of four feet is at the same or a lower grade as the base of the fence. Ladders that provide access to an above-ground pool with a wall height of 48 inches or more must be secured to prevent use when the pool is not being actively used. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved. This section shall not apply to existing fences on the date of adoption of this chapter at least 40 inches in height that otherwise comply with this section.

(8) Compliance. All swimming pools existing at the time of adoption of this chapter not satisfactorily fenced as described in Subsection Y(7) above shall comply when water is placed in the pool. Enclosures on existing pools shall be inspected by the Building Inspector for compliance.

(9) Filter system required and electrical permit required. All private swimming pools within the meaning of this section, except those exempted in Subsection E, must have some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof. Any swimming pool served by an electrical device, including otherwise exempted pools in Subsection E above, shall require an electrical permit.

(10) Side and bottom materials. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

Z. Outdoor furnace. An outdoor furnace is an outdoor device, structure, building or apparatus in which combustion of solid fuel takes place and such combustion supplies (either directly or indirectly) heat, hot water, or both for the interior of another building. An outdoor furnace shall adhere to the following listed regulations:

[Added 8-19-2019 by Ord. No. 2019-09]

(1) Fuel. The outdoor furnace shall only use seasoned wood or other materials which have low smoke, odor, and pollutant generating properties and which have been approved for such use by the State of Wisconsin. The outdoor furnace shall not be used to burn any prohibited materials, including rubbish or garbage, food waste, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris, or other household or business wastes, waste oil, asphalt, tires, and synthetic rubber-like products.

(2) Spark protector. The outdoor furnace shall have a spark protector that shall be adequately maintained at all times.

(3) Location. The outdoor wood-burning furnace must be located at least 300 feet from the property line.

(4) Chimney height. Chimney heights shall comply with the manufacturer's recommendations.

(5) Nonconforming wood-burning furnaces. Use of any outdoor furnace in existence prior to the effective date of this chapter may continue until such time that replacement or maintenance is required, at which time all requirements of this subsection must be met.

§ 510-48 Temporary uses.

A. Temporary farm product sales. This land use includes the temporary outdoor display and sales of farm products, typically from a roadside stand. Temporary farm product sales shall adhere to the following listed regulations:

(1) Shall comply with § 510-158, standards and procedures applicable to all temporary uses.

(2) Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

(3) If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

(4) Adequate parking shall be provided.

(5) Signage for temporary farm product sales shall comply with all applicable requirements set forth in Article XV.

[Added 7-21-2014 by Ord. No. 2014-08]

B. Temporary outdoor sales. Includes the display of any items outside the confines of a building which is not otherwise permitted as a permitted or conditional use or a special event otherwise regulated by the Municipal Code. Examples of this land use include, but are not limited to, sidewalk sales, seasonal garden shops, tent sales, Christmas tree sales, bratwurst stands, and more than three garage sales per year. Temporary outdoor sales shall adhere to the following listed regulations:

(1) Shall comply with § 510-158, standards and procedures applicable to all temporary uses.

(2) The user shall provide a layout of the activities to the Zoning Administrator for approval prior to any event or sales activity.

(3) Signage for temporary outdoor sales shall comply with all applicable requirements set forth in Article XV.

[Added 7-21-2014 by Ord. No. 2014-08]

C. Temporary outdoor assembly. Includes any organized outdoor assembly of more than 100 persons, such as an outdoor wedding or tent meetings. Temporary outdoor assembly shall adhere to the following regulations:

(1) Shall comply with § 510-158, standards and procedures applicable to all temporary uses.

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

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

(4) Adequate provisions for crowd control shall be made and shall be described within the temporary use application.

(5) Adequate parking, drinking water, and toilet facilities shall be provided and shall be described in the temporary use application.

D. Temporary shelter structure. These shelters are typically supported by poles, have a fabric roof and/or sides, and may be used for temporary events such as receptions or farmers markets. Temporary shelter structures shall adhere to the following regulations:

[Amended 7-21-2014 by Ord. No. 2014-06]

(1) Temporary shelter structures to be placed for extended use (i.e., beyond seven days) shall require a temporary use permit.

(2) Temporary shelter structures in place for more than seven days without approval of a temporary use permit, including but not limited to those temporary shelter structures to cover automobiles, boats, recreational vehicles, or firewood, are in violation of this chapter and shall be subject to the provisions of § 510-153.

E. Temporary storage container. These containers are portable storage containers designed and used primarily for the temporary storage of household goods and other such materials for use on a limited basis on residential property. Temporary storage containers shall adhere to the following listed regulations:

(1) Shall comply with § 510-158, standards and procedures applicable to all temporary uses.

(2) The container shall not exceed outside dimensions of 16 feet in length, eight feet in width, and nine feet in height.

(3) The container shall be permitted on the property for up to 14 days associated with each change of occupancy as defined by a recorded change in property ownership or valid lease.

(4) The container cannot encroach on the public right-of-way, neighboring property, or sidewalk or be placed in the street.

(5) The unit must be placed on asphalt, concrete, gravel, or other hard-paved surface.

(6) For all multifamily uses, including multiplexes, apartments, and townhouses, use of temporary storage containers shall require review and approval by the Zoning Administrator. The applicant shall provide written permission from the landowner to place the temporary storage container on the property in accordance with the regulations listed in this section.[1]

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

F. Temporary construction storage. Includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project. Temporary construction storage shall adhere to the following listed regulations:

(1) The structure shall comply with § 510-158, standards and procedures applicable to all temporary uses.

(2) The structure shall be removed within 10 days of issuance of occupancy permit.

(3) Projects requiring the structure to be in place for more than 365 days shall require a conditional use permit. Said time limit may be extended with Village Board approval.

(4) The structure shall be limited to a maximum area not exceeding 10% of the property's gross site area.

G. Temporary relocatable building. Includes any manufactured building which serves as a temporary building for less than six months. Temporary relocatable buildings shall adhere to the following listed regulations:

(1) The structure shall comply with § 510-158, standards and procedures applicable to all temporary uses.

(2) Facilities serving for more than six months shall be considered conditional uses and are subject to the general standards and procedures presented in § 510-157.

(3) The unit must be places on asphalt, concrete, gravel, or other hard-paved surface.

(4) The structure shall be limited to a maximum area not exceeding 10% of the property's gross site area.

H. Temporary garage or estate sale (auction). Temporary garage or estate sales include the sale or offering for sale of miscellaneous used items commonly associated with residential use. Temporary garage or estate sales shall adhere to the following listed regulations:

(1) Sales shall be limited to a period of no more than three consecutive days.

(2) Sales shall occur only during daylight hours.

(3) Signage for temporary garage or estate sales shall comply with all applicable requirements set forth in Article XV.

[Added 7-21-2014 by Ord. No. 2014-08]

I. Farmers market. Farmers markets include the temporary or occasional outdoor retail sales of farm produce, plants and flowers, bakery goods, and/or crafts from vehicles or temporary stands located within a parking lot or public right-of-way. Farmers markets shall adhere to the following listed regulations:

(1) Facility shall have vehicular access to a collector or higher classification street.

(2) Minimum required parking: one space per vendor, plus adequate parking to accommodate customer traffic.

(3) Signage for a farmers market shall comply with all applicable requirements set forth in Article XV.

[Added 7-21-2014 by Ord. No. 2014-08]