Village of Footville, WI
Rock County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Footville 4-6-1972 by Ord. No. 53-A (Ch. 23 of the 1990 Code). Amendments noted where applicable.]
A. 
In accordance with the authority granted by the Wisconsin Statutes and for the purpose listed in § 62.23, Wis. Stats., the Village of Footville ordains these zoning regulations. The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the Village of Footville.
B. 
This chapter shall not repeal, impair or modify private covenants or public ordinances, except that it shall apply whenever it imposes more severe restrictions on land use.
A. 
By adoption of this chapter, no lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met. However, where existing lots do not satisfy such requirements, the Board of Appeals (as provided in a succeeding section of this chapter) may grant a variance.
B. 
Setback, lot size, and other dimensional requirements applicable to the various zoning districts are indicated on the Official Zoning Map.
C. 
Accessory buildings shall not occupy more than 30% of the required area for the rear yard. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same yard requirements as the principal building.
D. 
Every part of the required area of a yard shall be open to the sky unobstructed, excepted for accessory buildings and the ordinary projections of sills, cornices and ornamental features. Fire escapes may project into a required yard area not more than five feet.
E. 
In each quadrant of every street intersection, there shall be designated a vision clearance triangle bounded by the inner street lines and a line connecting them 35 feet from their intersection. Within this triangle, no object shall be allowed above a height of 2 1/2 feet above the streets if it obstructs the view across the triangle. This section shall not apply to tree trunks, posts or wire fences.
F. 
All lots shall abut upon a public street, and each lot shall have a minimum frontage of at least 30 feet.
G. 
No lot shall have more than one principal building.
H. 
Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry. Accessory uses include incidental repairs; storage; parking facilities.
[Added 7-7-1994 by Ord. No. 7-7-94]
I. 
Garages and accessory buildings in a residential district or on a lot where the principal use is residential shall conform to the following:
[Added 7-6-1995 by Ord. No. 7-6-95A; amended 2-7-2002 by Ord. No. 02-07-02; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1) 
No detached garage shall be less than 240 square feet.
(2) 
Detached garages and accessory buildings shall not, in total be more than 10% of the total lot area, no more than 30% of the rear yard, nor exceed 1,200 square feet, whichever is less.
(3) 
No detached garage shall be less than five feet from the principal structure on the lot, provided all walls, doors and windows within 10 feet meet a twenty-minute fire rating.
(4) 
Detached garages located in the side yard shall comply with the side yard requirement for the principal building.
(5) 
No garage shall:
(a) 
Exceed 20 feet in height.
(b) 
Exceed 1,200 square feet.
(c) 
Be located closer than five feet to a side or rear lot line.
(d) 
Have a garage door opening in excess of 10 feet in overall height.
(6) 
All attached garages and any permanent roofed structure serving an accessory use if structurally attached to the principal building shall be considered as part of such principal building for all regulatory purposes.
(7) 
No garage or accessory structure shall be permitted, that by reason of noise, dust, odor, appearance or other objectionable factor, creates a nuisance or a substantial adverse effect on the property value or reasonable enjoyment of the surrounding properties.
(8) 
No accessory building shall exceed 192 square feet. This subsection shall not apply to garages.
(9) 
No more than one detached garage and one accessory building, in addition to a garage, is permitted on a lot.
J. 
Duties of the Building Inspector. The Village Building Inspector is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Building Inspector shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The Building Inspector shall further:
[Added 9-4-1997 by Ord. No. 9-4-97]
(1) 
Maintain records of all permits issued, fees collected, inspections made, work approved, and other official actions.
(2) 
Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.
(3) 
Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Village Attorney in a manner specified by him.
(4) 
Assist the Village Attorney in the prosecution of ordinance violations.
(5) 
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.
(6) 
Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.
K. 
Land use zoning permit required. No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a land use zoning permit from the Building Inspector, unless otherwise exempted pursuant to Subsection L of this section. Applications for a land use zoning permit shall be made in duplicate to the Building Inspector on forms furnished by the Building Inspector and shall include the following, where applicable:
[Added 9-4-1997 by Ord. No. 9-4-97]
(1) 
Name and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.
(2) 
Description of the subject site by lot, block and recorded subdivision, or metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3) 
Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations to Village of Footville datum, uses, and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; and existing and proposed street, site and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.
(4) 
The Building Inspector may waive the plat of survey requirement for accessory buildings and additions to single-family and two-family dwellings. When the plat of survey requirement is waived, the applicant shall submit a sketch plan, on forms provided by the Building Inspector, showing the information generally required on the plat of survey.
(5) 
Proposed sewage disposal plan if municipal sewerage service is not available. This plan shall include a copy of the permit issued by the Rock County Health Department for the installation of an on-site soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal. The Village Engineer shall certify that satisfactory, adequate, and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.
(6) 
Proposed water supply plan if municipal water service is not available. This plan shall be in accordance with Chapter NR 812 of the Wisconsin Administrative Code and shall be approved by the Village Engineer, who shall certify in writing that an adequate and safe supply of water will be provided.
(7) 
Additional information as may be required by the Village Plan Commission, Village Engineer or Building Inspector.
(8) 
A land use zoning permit shall be granted or denied in writing by the Building Inspector within 30 days. The permit shall expire within six months unless substantial work has commenced, or within 18 months if the structure for which the permit is issued is not substantially completed. Any permit issued in conflict with the provisions of this chapter shall be null and void.
L. 
Uses not requiring a land use zoning permit. No land use zoning permit shall be required for any of the following cases:
[Added 9-4-1997 by Ord. No. 9-4-97]
(1) 
For building an accessory building less than 100 square feet in area.
(2) 
For any improvement or alteration to an existing building less than 100 square feet in area which does not effect a change in use.
(3) 
For repairs that do not alter the size or position of an existing structure on a lot. Such repairs shall not include the replacement or alteration of bearing walls.
(4) 
However, any work that does qualify for an exemption under this section shall be required to comply with the applicable setback, yard, height, and other requirements set forth in this chapter.
M. 
Certificate of compliance required.
[Added 9-4-1997 by Ord. No. 9-4-97]
(1) 
No vacant land shall be occupied or used; and no building or premises shall be erected, altered, or moved, or create a change in use; and no nonconforming use shall be maintained, renewed, changed, or extended until a certificate of compliance shall have been issued by the Building Inspector. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this chapter. Such certificate shall be applied for at the time of occupancy of any land and/or building.
(2) 
No building located in a multiple-family, commercial, industrial or planned unit development district and used for multiple-family, commercial, industrial or planned unit development purposes shall be occupied by a new tenant or a new owner or shall have the use changed without the issuance of a new certificate of compliance by the Building Inspector. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of the Zoning Ordinance, Building Code, Electrical Code, Fire Prevention Code and the Plumbing Code of the Village of Footville and State of Wisconsin. Such certificate for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner. Application for a certificate of compliance shall be made in the same manner as for a land use zoning permit pursuant to § 370-2K of this chapter.
N. 
Developer's agreement required. All development which occurs in any multifamily residence, commercial, industrial or planned unit development district shall require the execution of a developer's agreement which covers in some detail the manner and methods by which the land will be developed. The Plan Commission may impose time limits for the completion of projects and may require the execution of an irrevocable letter of credit or other appropriate surety to guarantee that the project will be completed on schedule.
[Added 9-4-1997 by Ord. No. 9-4-97]
A. 
Eleven zoning districts are provided as follows:
[Amended 5-3-1990 by Ord. No. 5-3-90]
First Single-Family Residence District (R)
Single-Family Residence (R1)
One- and Two-Family Residence (R2)
Multiple-Family Residence (R3)
General Commercial (C1)
Highway Commercial (C2)
Industrial (Light) (I1)
General Industrial (I2)
Agricultural (A)
Conservancy (W)
Planned Unit Development (FR)
B. 
The Official Zoning Map is an integral part of this chapter. The single official copy of this map entitled "Village of Footville Official Zoning Map," together with a copy of this chapter, shall be available for public inspection during office hours. The map shall be certified by the Village President and attested by the Village Clerk, Village of Footville. Any changes in zoning district boundaries shall be recorded on the map. No such change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.
C. 
The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.
D. 
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.
E. 
In unsubdivided property, the district boundary shown on the map shall be determined by use of the scale shown on such map.
F. 
The following land uses and minimum standards (§§ 370-4 through 370-15) apply to the district delineations on the Zoning District Map.
[Added 5-3-1990 by Ord. No. 5-3-1990; amended 7-3-1997 by Ord. No. 7-4-97; 4-5-2018 by Ord. No. 2018-101]
A. 
Purpose. The R District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and intrusion of incompatible land uses.
B. 
Permitted uses. The following uses of land are permitted in the R District:
(1) 
Single-family dwellings and attached garages.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2) 
Churches and all affiliated uses, all graded schools, libraries and hospitals, water storage facilities and related structures.
(3) 
Municipal buildings, except the following: sewage plants, garbage incinerators, warehouses, garages, shops, and storage yards.
(4) 
Public parks, playgrounds, recreational and community center buildings and grounds.
(5) 
Telephone buildings, exchanges and lines and transformer stations, excepting service garages and storage yards, and excepting microwave radio relay structures unless their location is approved by the Plan Commission.
(6) 
Unlighted signs and bulletin boards of up to four square feet for advertisement for a lease or sale of the premises, and eight square feet for public or religious announcements; provided that all such signs must be located directly on the premises involved and at least 15 feet from the nearest sidewalk or street.
(7) 
One attached private garage is required. Refer to Garage Ordinance.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
[1]
Editor's Note: See § 370-2I.
(8) 
Accessory buildings. Refer to Garage Ordinance.[2]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
[2]
Editor's Note: See § 370-2I.
(9) 
Uses customarily incident to any of the above uses; provided that no such use generates traffic or noise that would create a public or private nuisance.
C. 
Conditional uses. The following are conditional uses within the R District:
(1) 
Home occupations.
(2) 
Licensed nursery schools, licensed day-care centers and licensed preschools.
(3) 
Parks and playgrounds.
(4) 
Uses clearly similar in character or customarily incident to any of the above uses.
D. 
Area, height, yard and other requirements.
(1) 
Lot.
(a) 
Area: minimum 8,500 square feet per family.
(b) 
Width: minimum 70 feet measured at rear of front yard. (Minimum 50 feet for a lot fronting on a cul-de-sac.)
(2) 
Height of buildings and other structures: maximum 35 feet.
(3) 
Yards.
(a) 
Minimum front yard setback: 25 feet.
(b) 
Minimum rear yard setback: 25 feet.
(c) 
Minimum side yard setback, principal building: eight feet minimum, total 20 feet. Accessory buildings, 192 square feet or less: three feet on each side.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(4) 
Area.
(a) 
Minimum living floor area per family: 1,200 square feet, excluding garage.
(b) 
Minimum area of required attached garage: 576 square feet (either dimension of which shall not be less than 22 feet).
(5) 
Parking.
(a) 
Parking, off-street residential: 1.5 space per family.
(b) 
Parking, places of public gathering: one space per five seats.
[Amended 7-3-1997 by Ord. No. 7-4-97; 4-5-2018 by Ord. No. 2018-102]
A. 
Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of primarily single-family detached dwelling units at a medium dwelling unit per acre density. It particularly reflects older neighborhoods in the Village.
B. 
Permitted uses. The following uses of land are permitted in the R1 District:
(1) 
Single-family dwellings, excluding all mobile homes.
(2) 
Churches and all affiliated uses, all graded schools, libraries and hospitals, water storage facilities and related structures.
(3) 
Municipal buildings, except sewage plants, garbage incinerators, warehouses, garages, shops, and storage yards.
(4) 
Public parks, playgrounds, recreational and community center buildings and grounds.
(5) 
Telephone buildings, exchanges and lines and transformer stations, excepting service garages and storage yards, and excepting microwave radio relay structures unless their location is approved by the Plan Commission.
(6) 
Unlighted signs and bulletin boards of up to four square feet for advertisement for a lease or sale of the premises, and eight square feet for public or religious announcements; provided that all such signs must be located directly on the premises involved and at least 15 feet from the nearest sidewalk or street, provided that such signs and boards are in compliance with Chapter 252, Signs.
(7) 
One private attached garage and one detached garage which are in compliance with the specifications for garages included in § 370-2I. For dwellings newly constructed, the first garage must be attached to the dwelling; for existing dwellings, the first garage may be either attached or unattached.
(8) 
Accessory uses and buildings as follows:
(a) 
Gardening, tool and storage sheds incidental to the residential use, per § 370-2I specifications.
(b) 
Off-street parking facilities.
(9) 
Uses customarily incident to any of the above uses; provided that no such use generates traffic or noise that would create a public or private nuisance.
C. 
Conditional uses. The following are conditional uses within the R1 District:
(1) 
Home occupations.
(2) 
Utilities (electric substations, telephone switching stations, gas regulators, etc.).
(3) 
Licensed nursery schools, licensed day-care centers and licensed preschools.
(4) 
Uses clearly similar in character or customarily incident to any of the above uses.
D. 
Area, height, yard and other requirements.
(1) 
Lot.
(a) 
Area: minimum 8,500 square feet per family.
(b) 
Width: minimum 70 feet measured at rear of front yard. (Minimum 50 feet for a lot fronting on a cul-de-sac.)
(2) 
Building height: maximum 35 feet.
(3) 
Yards.
(a) 
Minimum front yard setback: 25 feet.
(b) 
Minimum rear yard setback: 25 feet.
(c) 
Minimum side yard setback, principal building: eight feet minimum, total 20 feet; accessory buildings: three feet on each side.
(4) 
Area.
(a) 
Minimum living floor area per family: 900 square feet excluding garage.
(b) 
Minimum area of required attached garage: 576 square feet (either dimension of which shall not be less than 22 feet).
(5) 
Parking, off-street residential: 1.5 space per family.
[Amended 7-3-1997 by Ord. No. 7-4-97; 4-5-2018 by Ord. No. 2018-103]
A. 
Purpose. The R2 District is intended to provide essentially the same quality interchange of land uses as the R1 District, except that somewhat higher densities are permitted.
B. 
Permitted uses.
(1) 
Same as allowed in the R1 District.
(2) 
Two-family dwellings.
C. 
Conditional uses.
(1) 
Same as allowed in the R1 District.
(2) 
Charitable institutions, rest homes, private, nonprofit clubs and lounges, funeral homes, hospitals and medical clinics.
(3) 
Uses clearly similar in character or customarily incident to any of the above uses.
D. 
Area, height, and yard requirements.
(1) 
Lot.
(a) 
Area, minimum.
[1] 
One-family dwelling: 8,500 square feet.
[2] 
Two-family dwelling: 10,000 square feet.
(b) 
Width, minimum (measured at rear of front yard).
[1] 
One-family dwelling: 70 feet.
[2] 
Two-family dwelling: 70 feet.
[3] 
Fifty feet for a lot fronting on a cul-de-sac.
(2) 
Building height.
(a) 
Maximum building height for all structures:
[1] 
One-family dwelling: 35 feet.
[2] 
Two-family dwelling: 35 feet.
(3) 
Yards.
(a) 
Minimum front yard setback.
[1] 
One-family dwelling: 25 feet.
[2] 
Two-family dwelling: 25 feet.
(b) 
Minimum rear yard setback.
[1] 
One-family dwelling: 25 feet.
[2] 
Two-family dwelling: 25 feet.
(c) 
Minimum side yard.
[1] 
Principal structure, minimum:
[a] 
One-family dwelling: 8 feet, 20 feet total.
[b] 
Two-family dwelling: 8 feet, 20 feet total.
[2] 
Accessory buildings, minimum.
[a] 
One-family dwelling: 3 feet on each side.
[b] 
Two-family dwelling: 3 feet on each side.
(4) 
Area.
(a) 
Minimum floor area per family:
[1] 
One-family dwelling: 900 square feet.
[2] 
Two-family dwelling: 900 square feet per unit.
(5) 
Parking.
(a) 
Off-street residential.
[1] 
One-family dwelling: 1.5 space per family.
[2] 
Two-family dwelling: 1.5 space per family.
(b) 
Off-street public gathering.
[1] 
One-family dwelling: 1 space per 5 seats.
[2] 
Two-family dwelling: 1 space per 5 seats.
(c) 
Off -street specified conditional uses.
[1] 
One-family dwelling: 1 space for every 200 square feet of floor area.
[2] 
Two-family dwelling: 1 space for every 200 square feet of floor area.
(6) 
Accessory buildings. For requirements, see § 370-2I.
[Amended 7-3-1997 by Ord. No. 7-4-97; 9-4-1997 by Ord. No. 9-4-97; 6-2-2016 by Ord. No. 2016-0601]
A. 
Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of multiple-family dwelling units at varying dwelling units per acre densities.
B. 
Permitted uses.
(1) 
Any use permitted in the R-1 and R-2 Districts.
(2) 
Multiple-family dwellings not exceeding four units, without accessory garage structure/units.
C. 
Conditional uses.
(1) 
Same as allowed in the R-1 and R-2 Districts.
(2) 
Multiple-family dwellings not exceeding four units with accessory garage structure/units.
(3) 
Multiple-family dwellings exceeding four units, with or without accessory garage structure/units.
(4) 
Planned unit developments.
(5) 
Retirement homes including assisted-living facilities and community-based residential facilities, but not including nursing homes.
(6) 
Carry-out restaurants and other eating places, where the predominant number of patrons carry out, although some seating inside may be provided. Typical uses include cafes, coffee shops, sandwich shops, and ice cream parlors.
D. 
Area, height, yard and other requirements.
(1) 
Lot.
(a) 
Area (minimum lot area per family).
[1] 
More than two-family buildings: 3,600 square feet.
[2] 
Two-family buildings: 5,000 square feet.
[3] 
Single-family buildings: 8,500 square feet.
(b) 
Width: minimum 70 feet (50 feet for lots fronting on a cul-de-sac).
(2) 
Building height. Maximum building height for all structures: 45 feet.
(3) 
Yards.
(a) 
Front yard: minimum 25 feet.
(b) 
Rear yard: minimum 25 feet.
(c) 
Side yard.
[1] 
Principal buildings.
[a] 
Multifamily: 15 feet on each side.
[b] 
Two-family: 12 feet on each side.
[c] 
Single-family: eight feet minimum; total minimum: 20 feet.
[2] 
Accessory buildings (other than garages and accessory garage structures/units): three feet on each side.
(4) 
Area (minimum floor area per family).
(a) 
More than two-family buildings: 450 square feet.
(b) 
Two-family buildings: 600 square feet.
(c) 
Single-family buildings: 900 square feet.
(5) 
Parking.
(a) 
Off-street residential: must provide 1.5 spaces per unit.
(b) 
Places of public gathering: one space per five seats.
(6) 
Agency discretion. The above lot, height, yard, area, and parking requirements may be increased, decreased or otherwise modified by the Village agency considering the issuance of a conditional use permit, based on the application of appropriate criteria, in the discretion of such agency.
[Amended 7-3-1997 by Ord. No. 7-3-97; 9-4-1997 by Ord. No. 9-4-97; 4-5-2018 by Ord. No. 2018-106]
A. 
Purpose. The C1 District is intended to provide an area for the business, financial, professional, and commercial needs of the community, especially those which can be most suitably located in a compact, centrally located traditional business district.
B. 
All uses conditional. All of the following uses which may be conducted upon land in the C1 District shall be conditional uses and shall be subject to the conditional use procedure set forth in § 370-15 of this chapter.
(1) 
Accounting, auditing and bookkeeping firms or services.
(2) 
Advertising agencies, consumer credit reporting, news agencies, employment agencies.
(3) 
Antique stores and secondhand stores.
(4) 
Bait and tackle shops.
(5) 
Banks and other financial institutions.
(6) 
Barbershops, beauty shops and hairdressers.
(7) 
Bed-and-breakfast establishments.
(8) 
Bookstores, not including sexually related materials as defined in § 370-18 of this chapter.
(9) 
Camera and photographic supply stores.
(10) 
Candy, nut or confectionery stores.
(11) 
Clothing and shoe stores.
(12) 
Commercial parking lots, parking garages, and parking structures.
(13) 
Computer services.
(14) 
Dairy products stores, including ice cream stores.
(15) 
Department stores, variety stores, and general merchandise stores.
(16) 
Drugstores and pharmacies.
(17) 
Duplicating, blueprinting, photocopying, addressing, mailing, mailing list and stenographic services, and small print shops.
(18) 
Engineering and architectural firms or consultants.
(19) 
Establishments engaged in the publishing and printing of newspapers, periodicals or books.
(20) 
Establishments for the washing, cleaning, or polishing of automobiles, including self-service car washes.
(21) 
Farm supplies and wholesale trade items.
(22) 
Florist shops.
(23) 
Furniture, home furnishings, floor covering and upholstery shops/stores.
(24) 
Gasoline service stations.
(25) 
Gift, novelty and souvenir shops.
(26) 
General grocery stores, supermarkets, fruit and vegetable stores, delicatessens, meat and fish stores and miscellaneous food stores.
(27) 
Hardware stores.
(28) 
Heating and plumbing supplies.
(29) 
Hotels, motor hotels, motels, tourist courts, tourist rooms including bed-and-breakfast establishments.
(30) 
Jewelry and clock stores.
(31) 
Law offices.
(32) 
Liquor stores.
(33) 
Licensed nursery schools and licensed day-care centers for children.
(34) 
Mini-storage rental facilities.
(35) 
Miscellaneous business offices.
(36) 
Miscellaneous repair shops and related services.
(37) 
Miscellaneous retail stores.
(38) 
Motion picture theaters, not including drive-in theaters.
(39) 
News dealers and newsstands.
(40) 
Nursing homes and adult nursing and day-care centers.
(41) 
Offices/clinics of physicians and surgeons, dentists and dental surgeons, osteopathic physicians, optometrists, chiropractors, counselors and veterinarians.
(42) 
Offices of governmental agencies and post offices.
(43) 
Offices of insurance companies, agents, brokers and service representatives.
(44) 
Offices, meeting places, churches, and premises of professional membership associations; civic, social, and fraternal associations; business associations, labor unions and similar labor organizations; political organizations; religious organizations; charitable organizations; or other nonprofit membership organizations.
(45) 
Offices of real estate agents, brokers, managers, and title companies.
(46) 
Paint, glass and wallpaper stores.
(47) 
Photographic studios and commercial photography establishments.
(48) 
Professional, scientific, or educational firms, agencies, offices, or services, but not research laboratories or manufacturing operations.
(49) 
Public transportation passenger stations, taxicab company offices, taxicab stands, but not vehicle storage lots or garages.
(50) 
Residential units located on the ground level and/or second story of a commercial structure, provided proper living area, sanitary facilities and adequate means of ingress/egress exist; the Village Board may impose appropriate requirements and/or limitations on such residential commercial uses.
(51) 
Residential uses permitted or conditional in zoning districts R, R1, R2 and R3.
(52) 
Restaurants, lunch rooms and other eating places, including drive-in-type establishments.
(53) 
Retail bakeries, including those which produce some or all of the products sold on the premises, but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home service delivery.
(54) 
Retail laundry and dry-cleaning outlets, including coin-operated laundries and dry-cleaning establishments, commonly called "laundromats" and "launderettes." Tailor shops, dressmakers' shops, garments repair shops, garment pressing establishments, hand laundries and hat cleaning and blocking shops.
(55) 
Retirement homes, including assisted-living facilities, CBRFs, but not including nursing homes.
(56) 
Saddle shops, veterinarians' offices and clinics, including animal hospitals.
(57) 
Seed, feed and farm supplies sales, lumber yards and warehousing.
(58) 
Establishments providing sexually related materials and/or activities as defined in § 370-18 of this chapter.
(59) 
Shoe repair shops and shoe shine parlors.
(60) 
Sporting goods stores and bicycle shops.
(61) 
Stationery stores.
(62) 
Stores for the sale and installation of tires, batteries, mufflers and other automotive accessories and new parts.
(63) 
Taverns, bars and other drinking places permitted by the Village Board.
(64) 
Telephone and telegraph offices.
(65) 
Trade and contractor's offices (office only).
(66) 
Tobacco and smokers' supplies stores.
(67) 
Vacuum cleaner and sewing machine stores.
(68) 
Watch, clock and jewelry repair services.
(69) 
Other uses similar to or customarily incident to any of the above uses.
C. 
Lot, yard and building requirements.
(1) 
Minimum lot width.
(a) 
Fireproof construction: 25 feet.
(b) 
Non-fireproof construction: 45 feet.
(2) 
Minimum lot area: no minimum.
(3) 
Yards for principal building.
(a) 
Minimum front yard: none.
(b) 
Minimum side yard.
[1] 
Fireproof construction: none.
[2] 
Non-fireproof construction: nine feet.
(c) 
Minimum rear yard: 25 feet.
(4) 
Building height: maximum 60 feet.
(5) 
Alley setback: minimum 15 feet.
NOTE: Preexisting structures may be nonconforming. The above lot, yard and building requirements may be increased or decreased by the Village agency considering the issuance of a conditional use permit.
[Amended 7-3-1997 by Ord. No. 7-3-97; 9-4-1997 by Ord. No. 9-4-97; 4-5-2018 by Ord. No. 2018-107]
A. 
Purpose. The purpose of this district is to provide for specialized commercial activities along major highways.
B. 
All uses conditional. All of the following uses which may be conducted upon land in the C2 District shall be conditional uses and shall be subject to the conditional use procedure set forth in § 370-15 of this chapter.
C. 
Conditional uses. The following are specific conditional uses in this district:
(1) 
All conditional uses allowed in the C1 District.
(2) 
Amusement activities.
(3) 
Automobile and truck sales and services (including repairs); non-salvage automobile parts stores.
(4) 
Commercial recreation facilities.
(5) 
Establishments engaged in the daily or extended-term rental or leasing of house trailers, mobile homes or campers.
(6) 
Establishments engaged in the daily or extended-term rental or leasing of passenger automobiles, limousines or trucks, all without drivers, or of truck trailers or utility trailers.
(7) 
Establishments engaged in retail sales and services (including repairs) of mobile homes, trailers, campers, recreational vehicles and farm implements.
(8) 
Garden centers, greenhouses, and plant nurseries.
(9) 
Golf courses.
(10) 
Governmental, cultural, and public buildings or uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums.
(11) 
Hospitals and health care clinics.
(12) 
Larger storage facilities.
(13) 
Lawn and garden equipment sales.
(14) 
Night clubs and dance halls.
(15) 
Public assembly uses.
(16) 
Rental storage facilities.
(17) 
Truck-washing facilities.
(18) 
Other uses similar to or customarily incident to any of the above uses.
D. 
Area, height and yard requirements.
(1) 
Lot.
(a) 
Area: no minimum.
(b) 
Width: minimum 75 feet.
(2) 
Height of buildings and other structures: maximum 45 feet.
(3) 
Yards.
(a) 
Minimum street setback: 50 feet (75 feet if parking is allowed in the front yard, which parking shall not be located within 25 feet of the front of the front yard).
(b) 
Minimum rear setback: 40 feet.
(c) 
Minimum side yard:
[1] 
Principal buildings: 10 feet on each side.
[2] 
Accessory buildings: three feet on each side.
NOTE: Preexisting structures may be nonconforming. The above lot, yard and building requirements may be increased or decreased by the Village agency considering the issuance of a conditional use permit
E. 
Buffer strips. Wherever an C2 District abuts a Residence District, the Plan Commission, in evaluating a proposed conditional use, may require a buffer strip along any boundary of any lot located within such C2 district of appropriate width and may require such plantings, maintenance, fencing, or other accommodations which will provide an effective screen or barrier between the Residence and Industrial Districts.
[Amended 11-1-2001; 10-4-2007 by Ord. No. 10-04-07; 4-5-2018 by Ord. No. 2018-104]
A. 
Purpose. This district is intended to provide an area for manufacturing, marketing, and industrial and agribusiness activities. It is also intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas, or which would, unless properly regulated, tend to create conditions of public or private nuisance, hazard, or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, barriers, or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.
B. 
Permitted uses. No uses are permitted as a matter of right within the I1 District. All uses within this district are conditional, and must be approved in accordance with the procedures established in § 370-15 of this chapter.
C. 
Conditional uses. Conditional uses which may occur in this district include industrial and manufacturing uses, and all conditional uses allowed in the C1 District. In addition, conditional uses may include necessary municipal functions, and a dwelling unit for a caretaker or superintendent if an appropriate conditional use requires constant supervision.
D. 
Lot, yard and building requirements.
(1) 
Lot frontage: minimum 100 feet.
(2) 
Minimum front yard: 25 feet.
(3) 
Side yards.
(a) 
Principal buildings: 20 feet.
(b) 
Accessory buildings: five feet.
(4) 
Minimum rear yard: 40 feet.
(5) 
Building height: maximum 90 feet.
(6) 
Parking.
(a) 
Industrial: one space per three employees.
(b) 
Truck unloading area: sufficient space so that no streets or alleys need be blocked.
E. 
Note. Preexisting structures may be nonconforming. The above lot, yard and building requirements may be increased or decreased by the Village agency considering the issuance of a conditional use permit.
F. 
Buffer strips. Wherever an I1 District abuts a Residence District, the Plan Commission, in evaluating a proposed conditional use, may require a buffer strip along any boundary of any lot located within such I1 District of appropriate width and may require such plantings, maintenance, fencing, or other accommodations which will provide an effective screen or barrier between the Residence and Industrial Districts.
[Amended 7-8-1974 by Ord. No. 53-A; 4-5-2018 by Ord. No. 2018-105]
A. 
Statement of purpose. This district is intended to provide an area for all conditional uses which may occur in the I1 District, plus those industries which normally include the use of heavy machinery and may require outdoor storage areas for raw materials and/or finished products.
B. 
Permitted uses. No uses are permitted as a matter of right within the I2 District. All uses within this district are conditional, and must be approved in accordance with the procedures established in § 370-15 of this chapter.
C. 
Conditional uses. Conditional uses which may occur in this district include industrial and manufacturing uses and all conditional uses permitted in the C1 District. In addition, conditional uses may include necessary municipal functions, and a dwelling unit for a caretaker or superintendent if an appropriate conditional use requires constant supervision.
D. 
Lot, yard and building requirements.
(1) 
Lot frontage: minimum 150 feet.
(2) 
Minimum front yard: 65 feet.
(3) 
Side yards.
(a) 
Principal buildings: 30 feet on each side.
(b) 
Accessory buildings: five feet on each side.
(4) 
Minimum rear yard: 40 feet.
(5) 
Building height: maximum 90 feet.
(6) 
Parking.
(a) 
Industrial: one space per three employees.
(b) 
Truck unloading area: sufficient space so that no streets or alleys need be blocked.
E. 
Note: Preexisting structures may be nonconforming. The above lot, yard and building requirements may be increased or decreased by the Village agency considering the issuance of a conditional use permit.
F. 
Buffer strips. Wherever an I2 District abuts a Residence District, the Plan Commission, in evaluating a proposed conditional use, may require a buffer strip along any boundary of any lot located within such I2 District of appropriate width and may require such plantings, maintenance, fencing, or other accommodations which will provide an effective screen or barrier between the Residence and Industrial Districts.
[Amended 9-4-1997 by Ord. No. 9-4-97; 4-5-2018 by Ord. No. 2018-108]
A. 
Purpose. The A District provides exclusively for agricultural uses. The intent is to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development which results in excessive costs to the community for premature provision of essential public improvements and services (such as sewer and water lines).
B. 
Permitted uses.
(1) 
Farming and dairying, provided that buildings in which farm animals are kept shall be at least 100 feet from the nearest residential or commercial district.
(2) 
Forestry, grazing, hatcheries, nurseries, orchards, paddocks, poultry raising, stables and truck farming.
(3) 
Farm dwellings for those resident owners and workers actually engaged in the principal permitted uses.
C. 
Conditional uses.
(1) 
Churches, schools, cemeteries, community parks and recreation areas, public and semipublic buildings, water storage and sewage disposal facilities and power stations.
(2) 
Fur farms, kennels, insect breeding facilities, greenhouses, and other agricultural uses that may cause noxious odors or noise, or create health or sanitation hazards are conditional, but only with written permission of the Village Board on the recommendation of the Plan Commission.
(3) 
Public compost facilities.
(4) 
Uses clearly similar in character or customarily incident to any of the above uses.
D. 
Lot, yard, and building requirements.
(1) 
Building height: thirty-five-foot residential structures; no maximum on other structures.
(2) 
Side yards:
(a) 
Principal buildings: 20 feet on each side.
(b) 
Accessory buildings: five feet on each side.
(3) 
Minimum front yard: 25 feet.
(4) 
Minimum rear yard: 25 feet.
A. 
The W District is intended to preserve the natural state of scenic areas in the Village and to prevent uncontrolled, uneconomical spread of residential development, and to help discourage intensive development of marginal lands so as to prevent potential hazards to public and private property. The following uses are permitted:
(1) 
Management of forestry, wildlife and fish.
(2) 
Harvesting of wild crops, such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.
(3) 
Hunting, fishing and trapping.
(4) 
Dams, power stations and transmission lines, and water storage facilities.
(5) 
Gravel or sand pits and quarries, including the washing and grading of products.
(6) 
Parks and general recreational areas.
(7) 
Uses similar and customarily incident to any of the above uses.
B. 
Conditional uses.
(1) 
Sewage disposal plants, water storage and pumping facilities, golf courses and seasonal, public camping grounds.
C. 
There are no setback, lot size or other dimensional requirements applicable to the W District.
The FR District is intended to provide for a large-scale residential development. This district shall have no definite and measurable boundaries until such are approved by the Village Board on the recommendation of the Plan Commission in accordance with procedures prescribed for zoning amendments by § 62.23, Wis. Stats. Plans for the proposed development shall be submitted in duplicate, and shall show the location, size and proposed use of all structures and land included in the areas involved. The plans may provide for a combination of single and multifamily development as well as related commercial uses, provided that the plans indicate that:
A. 
A single area of at least five acres is involved.
B. 
Paved streets and sidewalks adequate to serve the needs of the area involved will be provided.
C. 
Adequate access to public streets and proper internal circulation will be provided.
D. 
Adequate sewer and water facilities will be provided.
E. 
The development will constitute a reasonable extension of the living areas in the Village and will be compatible with surrounding land uses.
F. 
Plans and specifications to be submitted to Plan Commission. To encourage a business environment that is compatible with the residential character of the Village, land use zoning permits for permitted uses in Planned Unit Development District shall not be issued without review and approval of the Village of Footville Plan Commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading, and landscaping plans.
[Added 9-4-1997 by Ord. No. 9-4-97]
[Amended 7-11-2019 by Ord. No. 438; 6-22-2020 by Ord. No. 2020-01
A. 
The Village Board may issue a conditional use permit for conditional uses specified in this chapter after review and a public hearing, provided such uses are in accordance with the purpose and intent of this chapter.
B. 
Applications for conditional use permits shall be submitted to the Village Clerk on forms provided by the Clerk' s office and shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, and the existing and proposed use of each structure and lot. The cost of conditional use permits shall be established by the Footville Village Board, as outlined in Chapter 111, Building Construction, the Code of the Village of Footville. Copies of the application shall be provided by the Village Clerk to the Village Board, to the Plan Commission, and to the Village Engineer.
C. 
The Village Engineer shall review the application and shall prepare a report concerning it, including all aspects of the application and insuring that the applicant has complied with all related Village ordinances. Copies of the report shall be provided to the Village and to the Plan Commission.
D. 
The Plan Commission shall review and consider the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed use of the site and any structures to be erected thereon in making its recommendation. The Plan Commission shall prepare its recommendation and provide it to the Village Board.
E. 
A public hearing shall be held as required by law, before the Village Board or the Plan Commission, as directed by the. Village Board. Conditions related to landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, operational control, hours of operation, traffic circulation, deed restrictions, access restrictions, increased yards, and parking requirements may be required by the Village Board or the Plan Commission upon a finding that such conditions are necessary to fulfill the purpose and intent of this chapter.
F. 
The Village Board shall review and consider the report of the Village Engineer and the recommendation of the Plan Commission and shall issue a conditional use permit or deny the application. In the event a conditional use permit is issued, the Village Board shall specify the conditions of the permit which shall be included in the permit to be delivered to the applicant by the Village Clerk.
G. 
Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking, and loading.
H. 
Conditional uses for each zoning district are specifically set forth in the individual district regulations, § 370-4 through 370-13.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Present uses of buildings, signs and premises may be continued even though they do not conform to the restrictions of this chapter. However, structural repairs or alterations of such buildings, signs or premises shall not during its life exceed 50% of their assessed value at the time they become nonconforming unless a building, sign or premises conforming to this chapter results. Any nonconforming use that is abandoned for one year shall be discontinued permanently. A nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored in accordance with the provisions of § 62.23(7)(hc), Wis. Stats.
A. 
A Board of Appeals shall be appointed as specified in § 62.23, Wis. Stats. The members shall serve without compensation and shall be removable by the Village President for cause upon written charges and after public hearing. The Board of Appeals shall make and file in the office of the Village of Footville its own rules of procedure consistent with the statutes. It shall have the following powers:
(1) 
To hear and decide appeals where it is alleged that the Building Inspector has made an erroneous finding or order.
(2) 
To hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass.
(3) 
To grant specific variances from the terms of this chapter where it is shown that unique physical circumstances applying to a lot cause hardship to the owner under the chapter, and that the variance still will be in fundamental harmony with surrounding uses. The Board may reverse or affirm wholly or in part or may modify any order, requirement, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end, shall have all the powers of the Building Inspector. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect a variance. The grounds of every such determination shall be stated and recorded.
B. 
No action of the Board of Appeals shall have the effect of permitting in any district uses prohibited in such district by this chapter. The minutes of proceedings and hearings before the Board and all variances and special exceptions granted by it shall be filed promptly at the office of the Village Clerk and shall be open for public inspection during office hours.
The following definitions apply in this chapter:
ACCESSORY BUILDING
Any building except the principal building on a lot. In the case of a house and detached garage on a lot, the accessory building is the garage.
ACCESSORY GARAGE STRUCTURE/UNIT
A structure or part of a structure restricted to residential parking or storage of personal property items used by existing tenants of the multifamily dwelling. Such structures/units shall be located in the side or rear yard of the lot occupied by the principal multifamily structure. Setback requirements that apply to accessory garage structure/units, front yard: 25 feet; side and rear yard: 10 feet. Minimum size of such units shall be 240 square feet per unit/bay. Maximum size of such units shall be 576 square feet per unit/bay. Maximum garage door opening shall be eight feet in height. Minimum and maximum total square feet of the accessory garage structure/unit shall be determined by the Plan Commission and specified in the conditional use permit. No servicing of vehicles in said structures/units is allowed. No storage of any combustible material is allowed. Accessory garage structure/units shall not be subject to the regulations which apply to attached or detached garages.
[Added 6-2-2016 by Ord. No. 2016-0601]
BUILDING, HEIGHT OF
The vertical distance from the average street level in front of the lot to the highest point of the building's roof measured from lot grade at the front building line.
FAMILY
The body of persons related by blood or marriage who live together in one dwelling unit as a single housekeeping entity.
FRONT YARD
A yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps.
GARAGE, PRIVATE
Any accessory building or space for the storage only of not more than two motor vehicles per dwelling unit.
GARAGE, PUBLIC
Any building or premises, other than a private or storage garage, where motor vehicles are equipped, repaired, serviced, hired, sold or stored.
GARAGE, STORAGE
Any building or premises used for storage only of motor vehicles. No commercial motor vehicles exceeding two tons' capacity shall be stored in any storage garage.
HOME OCCUPATION
A gainful occupation conducted by members of the family only, within their place of residence; such as dressmaking, the office of a dentist, physician, musician, artist, etc., provided that no article is offered for sale on the premises, except such as is produced by such occupation, that no stock-in-trade is kept or sold, and that any such home occupation shall be situated in the main building.
LOT
A parcel of land described in a recorded plat or deed.
NONCONFORMING USE
A building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto, which occupancy or use does not conform to the regulations of this chapter or any amendments thereto.
REAR YARD
A yard extending across the full width of the lot between the rear of the main building and the rear lot line, the depth of which is the least distance between the rear lot line and the rear of such main building.
SETBACK
The minimum horizontal distance between the lot line and the nearest point of a building or any projection thereof, excluding uncovered steps.
SEXUALLY RELATED
The primary or dominant theme, subject matter or purpose is the depicting, exhibiting, illustrating, describing or relating to:
[Added 7-3-1997 by Ord. No. 7-3-97]
A. 
Sexual activities, including:
(1) 
Human genitals in a state of sexual stimulation, arousal or tumescence;
(2) 
Acts of human analingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy;
(3) 
Fondling or other erotic touching of human genitals, public region, buttock, anus, or female breast;
(4) 
Excretory functions as part of or in connection with any of the activities set forth in Subsection A(1) through (3) of this definition; or
B. 
Specific anatomical areas including:
(1) 
Less than completely and opaquely covered:
(a) 
Human genitals and pubic regions;
(b) 
Cleavage of the human buttocks;
(c) 
That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola; this definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; or
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SIDE YARD
A yard between the main building and side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally from the nearest point of the side lot line to the nearest point of the main building.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any substantial change in the roof structure or in the interior walls.
THIS CHAPTER
This Chapter 370 of the Footville Village Code.
A. 
The Village Board, Village of Footville, shall designate that the Building Inspector enforce this chapter by means of land use zoning permits, the cost of which shall be established by the Village Board, Village of Footville, as outlined in Chapter 111, Building Construction.
B. 
The Inspector shall not issue a permit for a structure or a use that is not allowed by this chapter. No structures shall be built, moved, or altered, and no land use shall be substantially altered, until a land use zoning permit has been issued, except that no permit shall be required for farm structures that are not intended to shelter humans.
C. 
Application for any land use zoning permit shall be accompanied by a map showing the location, size and shape of the lot(s) involved, and of any proposed structures, and the existing and proposed use of each structure and lot, and in the case of residential development, the number of families expected to be accommodated.
D. 
In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with Ch. SPS 385 of the Wisconsin Administrative Code and the Rock County Sanitary Code.
E. 
Under rules established by the Village Board, Village of Footville, the Inspector may issue temporary permits of up to one year's duration.
The Village Board, Village of Footville, may amend this chapter following the procedures prescribed by § 62.23, Wis. Stats.
All territory annexed by the Village of Footville shall become part of the A District until definite boundaries and regulations are recommended by the Plan Commission and adopted by the Village Board, Village of Footville, such adoption to be completed within 90 days of the annexation.
[Added 2-1-1996]
The following fees shall be applicable for this chapter:
A. 
Rezoning application. A fee per application (including repetitions of previous applications), of $200.
B. 
Conditional use permit application. All conditional use applications shall be filed with the Village Clerk along with a $200 filing fee. The filing fee shall be used to reimburse the Village for publication costs and expenses, including attorney's fees and engineering fees incurred in relation to the application and hearings thereon. The Village Clerk, upon receipt of an application and the fee provided herein, shall immediately refer it to the Plan Commission for consideration.
C. 
Variance application. All applications for special exceptions and variances and appeals shall be filed with the Village Clerk along with a $150 filing fee. The filing fee shall be used by the Village for administrative and publication costs incurred in relation to the application or appeal and hearings thereon. The Village Clerk, upon receipt of an application or appeal and the fee provided herein, shall immediately refer it to the Board of Appeals for consideration.
D. 
Special meetings. Upon request and the payment by the requestor of a special meeting fee of $200, the Village Board may consent to schedule a special meeting of the Village Board to expedite the requestor's business with the Village Board. If the special meeting is not scheduled pursuant to the request, the special meeting fee shall be refunded. This subsection shall apply to all requests for a special meeting of the Village Board and is not limited to zoning matters.
E. 
Building permit application. The fees for building permits shall be established in Chapter 111, Building Construction.
[Added 6-3-2010 by Ord. No. 060310]
A. 
Title. This section may be referred to as the "Village of Footville Wind Energy System Ordinance."
B. 
Authority. This section is adopted pursuant to authority granted by §§ 61.35 and 62.23, Wis. Stats.
C. 
Purpose.
(1) 
Public health and safety. The purpose of this section is to:
(a) 
Oversee the permitting of small wind energy systems; and
(b) 
Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system in accordance with § 66.0401, Wis. Stats.
(2) 
No wind access permits. This section does not create or provide for the issuance of any wind access permits with the meaning of § 66.0403, Wis. Stats.
D. 
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have at common law.
ADMINISTRATOR
The Village of Footville Building Inspector.
BOARD
The Village Board of the Village of Footville.
METEOROLOGICAL TOWER (MET TOWER)
Includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
OWNER
The individual or entity that owns and/or operates the small wind energy system in accordance with this section.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades.
SMALL WIND ENERGY SYSTEM
A wind energy system that:
(1) 
Is used to generate electricity;
(2) 
Has a nameplate capacity of 100 kilowatts or less; and
(3) 
Has a total height of 170 feet or less.
TOTAL HEIGHT
The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
TOWER
The monopole, freestanding, or guyed structure that supports a wind generator.
WIND ENERGY SYSTEM
Equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.
WIND GENERATOR
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
E. 
Standards.
(1) 
Accessory structure. A small wind energy system shall constitute an accessory structure. Only one system is allowed per lot. The Village Board may grant conditional use permits for additional systems.
(2) 
Permitted and conditional uses. A small wind energy system shall be a permitted use in all zoning districts if it meets all conditions of this section.
(3) 
Setbacks. A wind tower for a small wind energy system shall be set back a distance equal to its total height from:
(a) 
Any public road right-of-way, unless written permission to reduce such distance is granted by the governmental entity with jurisdiction over the road;
(b) 
Any overhead utility lines (including cable television, telephone, and fiber optic cable) within such right-of-way, unless written permission to reduce such distance is granted by the affected utility; and
(c) 
All property lines of the owner's lot, unless written permission to reduce such distance is granted from the other affected landowners, not limited to adjoining properties.
(4) 
Freestanding. All small wind energy systems shall be freestanding and self supporting or with guy cables. No system may be attached to the primary or any other accessory structure. Each system must have its own base on the ground.
(5) 
Access.
(a) 
All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
(b) 
The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(6) 
Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
(7) 
Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(8) 
Sound levels and measurement.
(a) 
Audible sound due to small wind energy system operations shall not exceed 50 dBA for any period of time, when measured at the property line of any residence, school, hospital, church or public library existing on the date of approval of any small wind energy system land use zoning permit.
(b) 
In the event audible sound due to small wind energy system operations contains a steady pure tone, such as a whine, screech, or hum, audible sound due to small wind energy system operations shall not exceed 45 dBA for any period of time, when measured at the property line of any residence, school, hospital, church or public library existing on the date of approval of any small wind energy system land use zoning permit. A steady pure tone is defined to exist if the sound level of any 1/3 octave exceeds the sound levels of the two contiguous 1/3 octave bands by five or more dB for any period of time.
(c) 
If the ambient sound level (exclusive of the small wind energy system) exceeds the applicable standards given above, the applicable standards shall be adjusted to equal the ambient sound level. The ambient sound level shall equal the L10 sound level for full spectrum sound, expressed in dBA. For steady pure tones, the ambient sound level shall equal the L10 sound levels of the 1/3 octave band that exceeds the sound levels of the two contiguous 1/3 octave bands by five or more dB for any period of time, expressed in dB.
(d) 
Ambient sound levels and audible sound due to small wind energy system operations shall be measured at the property line of affected existing residences, schools, hospitals, churches and public libraries. Sound-level measurement techniques shall employ all practical means of reducing the effect of wind-generated sound at the microphone.
(e) 
In the event audible sound due to small wind energy system operations exceeds the audible sound standards listed above, a waiver of said standards may be granted by the Village Board, provided that the following have been accomplished:
[1] 
Written consent from the affected property owners has been obtained stating that they are aware of the small wind energy system and the audible sound standards imposed by this section, and that they consent to allow sound levels to exceed the audible sound standards otherwise allowed; and
[2] 
If the applicant wishes the waiver to apply to succeeding owners of the property, a permanent sound impact easement has been recorded in the Office of the Register of Deeds which describes the benefited and burdened properties and specifies that sound levels in excess of audible sound standards permitted by this section may exist on or at the burdened property.
(9) 
Appearance, color and finish. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless otherwise approved in the land use zoning permit.
(10) 
Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road are prohibited.
(11) 
Code compliance. A small wind energy system, including tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code.
(12) 
Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the Public Service Commission of Wisconsin's Rule 119, Rules for Interconnecting Distributed Generation Facilities.
(13) 
MET towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.
F. 
Land use zoning permit requirements.
(1) 
Land use zoning permit. A land use zoning permit shall be required for the installation of a small wind energy system.
(2) 
Documents. The land use zoning permit application shall be accompanied by a plot plan which includes the following:
(a) 
Property lines and physical dimensions of the property;
(b) 
Location, dimensions, and types of existing major structures on the property;
(c) 
Location of the proposed wind system tower;
(d) 
The right-of-way of any public road that is contiguous with the property;
(e) 
Any overhead utility lines;
(f) 
Small wind energy system specifications, including manufacturer and model, rotor diameter, total height, tower type (freestanding or guyed);
(g) 
Tower foundation blueprints or drawings; and
(h) 
Tower blueprint or drawing.
(3) 
Fees. The application for a land use zoning permit for a small wind energy system must be accompanied by the fee required for a land use zoning permit for a permitted accessory use.
(4) 
Expiration. A permit issued pursuant to this section shall expire if:
(a) 
The small wind energy system is not installed and functioning within 24 months from the date the permit is issued; or
(b) 
The small wind energy system is out of service or otherwise unused for a continuous twelve-month period.
G. 
Abandonment.
(1) 
A small wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned. The Administrator may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days after receipt of the notice. The Administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.
(2) 
If the small wind energy system is determined to be abandoned, the owner of the system shall remove the wind generator from the tower at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the Administrator may pursue legal action to have the wind generator removed at the owner's expense.
H. 
Land use zoning permit procedure.
(1) 
An owner shall submit an application to the Administrator for a land use zoning permit for a small wind energy system. The application must be on a form approved by the Administrator and must be accompanied by two copies of the plot plan identified in § 370-23F(2) above.
(2) 
The Administrator shall issue a permit or deny the application within one month after the date on which the application is received.
(3) 
The Administrator shall issue a land use zoning permit for a small wind energy system if the application materials show that the proposed small wind energy system meets the requirements of this section.
(4) 
If the application is approved, the Administrator will return one signed copy of the application with the permit and retain the other copy with the application.
(5) 
If the application is rejected, the Administrator will notify the applicant in writing and provide a written statement of the reasons why the application was rejected. The applicant may appeal the Administrator's decision pursuant to Chapter 68, Wis. Stats. The applicant may reapply if the deficiencies specified by the Administrator are resolved.
(6) 
The owner shall conspicuously post the land use zoning permit on the premises so as to be visible to the public at all times until construction or installation of the small wind energy system is complete.
I. 
Violations. It is unlawful for any person to construct, install, or operate a small wind energy system without a land use zoning permit or which is not in compliance with this section or with any specification or condition contained in a land use zoning permit issued pursuant to this section. Small wind energy systems installed prior to the adoption of this section are exempt and are deemed legal, nonconforming structures to the extent they are in compliance with the Village Zoning Ordinance in effect at the time of adoption of this section and are not in compliance with the terms of this section.
J. 
Administration and enforcement.
(1) 
This section shall be administered by the Administrator or the Administrator's designee.
(2) 
The Administrator may enter any property for which a land use zoning permit has been applied for or issued under this section to conduct an inspection to determine whether the conditions stated in the application or permit have been met.
(3) 
The Administrator may issue orders to abate any violation of this section.
(4) 
The Administrator may issue a citation for any violation of this section.
(5) 
The Administrator may refer any violation of this section to the Village Attorney for enforcement.
K. 
Penalties.
(1) 
Any person who fails to comply with any provision of this section or a land use zoning permit issued pursuant to this section shall be subject to enforcement and penalties as set forth in § 1-4 of the Code of the Village of Footville.
(2) 
Nothing in this section shall be construed to prevent the Village Board from using any other lawful means to enforce this section, including, but not limited to, an action at law, or an action in equity seeking injunctive relief. The remedies available to the Village for enforcement of this section shall be cumulative and may be exercised separately or in any combination with respect to any violation.
L. 
Severability. The provisions of this section are severable, and the invalidity of any section, subdivision, paragraph, or other part of this section shall not affect the validity or effectiveness of the remainder of the section.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Violations of this chapter shall be subject to the penalties provided in § 1-4, Penalties.