[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:[1]
[Added 7-6-1995 by Ord.
No. 7-6-95A; amended 2-7-2002 by Ord. No. 02-07-02; 7-11-2019 by Ord. No. 438]
(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.
(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.
(10)
The Planning Commission may recommend exceptions to the garage
and accessory building requirements. The exception must be reasonable
and necessary based upon the specific circumstances for which the
exception is requested. The exception must not substantially violate
the intent of this provision. In order to request an exception, an
individual shall apply for a conditional use permit and, if the Planning
Commission recommends the conditional use permit, the Commission shall
make specific findings as to why the exception is reasonable and necessary.
This exceptions provision shall not allow an individual or the Village
to bypass the proper notice and public hearing requirements of the
Wisconsin State Statutes and/or the Village of Footville's Code of
Ordinances.
[Added 10-27-2022 by Ord. No. 2022-13]
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.
[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.
(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.
D.
Area, height, yard and other requirements.
(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)]
[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.
(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:
[Amended 7-3-1997 by Ord.
No. 7-4-97; 4-5-2018 by Ord. No. 2018-103]
[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.
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.
(2)
Building height. Maximum building height for all structures: 45 feet.
(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.
(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.
(2)
Minimum lot area: no minimum.
(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.
(2)
Height of buildings and other structures: maximum 45 feet.
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.
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.
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.
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.
I.
The holder of a conditional use permit must begin utilizing the conditional
use permit within six months of the issuance of said conditional use
permit. Should the holder of a conditional use permit fail to utilize
the conditional use permit within six months of its issuance, the
conditional use permit shall become null and void.
[Added 3-2-2023 by Ord. No. 2023-02]
[Amended 7-11-2019 by Ord. No. 438]
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:
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.
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]
Any structure used, designed, or intended for the protection,
shelter, enclosure, or support of persons, animals, or property.
[Added 5-5-2022 by Ord. No. 2022-05]
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.
The body of persons related by blood or marriage who live
together in one dwelling unit as a single housekeeping entity.
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.
Any accessory building or space for the storage only of not
more than two motor vehicles per dwelling unit.
Any building or premises, other than a private or storage
garage, where motor vehicles are equipped, repaired, serviced, hired,
sold or stored.
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.
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.
A parcel of land described in a recorded plat or deed.
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.
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.
The minimum horizontal distance between the lot line and
the nearest point of a building or any projection thereof, excluding
uncovered steps.
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]
Sexual activities, including:
Human genitals in a state of sexual stimulation, arousal or
tumescence;
Acts of human analingus, bestiality, buggery, cunnilingus, coprophagy,
coprophilia, fellation, flagellation, masochism, masturbation, necrophilia,
pederasty, pedophilia, sadism, sadomasochism, sexual intercourse,
or sodomy;
Fondling or other erotic touching of human genitals, public
region, buttock, anus, or female breast;
Specific anatomical areas including:
Less than completely and opaquely covered:
Human genitals and pubic regions;
Cleavage of the human buttocks;
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
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
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.
Anything constructed or having a stationary location on the
ground, not including small roadways, fences, and small landscaping
accoutrements, or small nonpermanent structures of less than 40 square
feet, such as doghouses, playhouses, and compost bins, but including,
without limitation, other storage sheds.
[Added 5-5-2022 by Ord. No. 2022-05]
Any change in the supporting members of a building or any
substantial change in the roof structure or in the interior walls.
This Chapter 370 of the Footville Village Code.
[Amended 12-6-2021 by Ord. No. 2021-07]
A.
The Village Board shall designate that the Building Inspector enforce this chapter by means of land use zoning permits ("zoning permits"), the cost of which shall be established by the Village Board as outlined in Chapter 111, Building Construction.
B.
The Building Inspector shall not issue a zoning 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 zoning permit has been issued, except that no zoning
permit shall be required for farm structures that are not intended
to shelter humans.
C.
Application for any 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 zoning district where public sewage 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, the Building Inspector
may issue temporary zoning 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.
[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.
D.
ADMINISTRATOR
BOARD
METEOROLOGICAL TOWER (MET TOWER)
OWNER
ROTOR DIAMETER
SMALL WIND ENERGY SYSTEM
TOTAL HEIGHT
TOWER
WIND ENERGY SYSTEM
WIND GENERATOR
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.
The Village of Footville Building Inspector.
The Village Board of the Village of Footville.
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.
The individual or entity that owns and/or operates the small
wind energy system in accordance with this section.
The cross-sectional dimension of the circle swept by the
rotating blades.
A wind energy system that:
The vertical distance from ground level to the tip of a wind
generator blade when the tip is at its highest point.
The monopole, freestanding, or guyed structure that supports
a wind generator.
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.
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.
(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:
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.
[Added 9-1-2022 by Ord. No. 2022-11]
A.
Title. This section may be referred to as the "Village of Footville
Solar Energy System Ordinance."
B.
Authority. This section is adopted pursuant to authority granted
by Wis. Stats. §§ 61.35, 62.23, 66.0401, and 66.0403.
C.
Purpose and intent. This section is adopted for the purpose of protecting
the health, safety, and general welfare of the Village of Footville
by: 1) Regulating the use of solar energy systems; 2) Protecting access
to sunlight for solar energy systems; and 3) Preserving and protecting
the public health and safety without significantly increasing the
cost or decreasing the efficiency of a solar energy system. This section
is adopted with the intent of creating a process for obtaining necessary
permits for a solar energy system while protecting the interests of
Village residents and businesses.
D.
SOLAR ENERGY SYSTEM
SOLAR FARM
SOLAR ENERGY SYSTEM FOR INDIVIDUAL USERS
SOLAR COLLECTOR
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted to give them the same meaning
as they have at common law.
Equipment that directly converts and then transfers or stores
solar energy into usable forms of thermal or electrical energy. A
solar energy system is either solar for individual users or a solar
farm as defined in this section. A solar energy system includes, but
may not be limited to, solar collectors, frames, supports and any
mounting hardware, battery storage equipment, convertors, or invertors.
A solar energy system that generates enough electricity to
serve many customers by wholesale or retail sale and not primarily
for consumption on the property on which the system is located. The
solar collectors are ground mounted on open land near an existing
substation or electric transmission infrastructure.
Solar energy system that generates electricity for the individual
property owner, with either building-mounted or ground-mounted solar
collectors, as opposed to a solar farm which generates enough electricity
to serve many off-site customers.
A device that absorbs solar energy for use in the collector's
energy transformation process.
E.
Solar energy system permits required. No person shall construct,
repair, replace, install, enlarge, or alter any solar energy system,
as defined by this section, unless valid permits for said system have
first been issued by the appropriate Village officials and Boards,
and said permits have neither expired nor been suspended or revoked.
If work has commenced or is completed without proper permits, the
Village may take the appropriate action to prosecute the violation
of this chapter. All solar energy systems shall, at a minimum, be
required to obtain a building permit and conditional use permit. Other
permits may be required based on other specific plans for the solar
energy system and consistent with the Village's municipal code.
F.
Conditional use permits for solar energy systems.
(1)
Conditional uses. All solar energy systems shall be considered conditional uses in all zoning districts within the Village. As such, all solar energy systems installed after the effective date of this section shall require a conditional use permit. In the event of a conflict of this section and section § 370-15, this section shall control.
(2)
Solar energy system conditional use permit application requirements.
All applications for a conditional use permit for a solar energy system
shall contain a scaled map/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 solar energy system, specifically identifying
all solar collectors, substations or electric transmission infrastructure,
or other additions to the property to support the solar energy system;
(d)
The right-of-way with any public road that is contiguous with
the property;
(e)
Solar energy system specifications, including manufacturer and
model, dimensions of all solar collectors, substations or electric
transmission infrastructure, or other additions to the property;
(f)
Blueprints or professional drawings for all additions to the
property.
(3)
Fees. The solar energy system conditional use permit application
must be accompanied by the fee required for all conditional use permits
within the Village.
(4)
Expiration. A conditional use permit issued for a solar energy system
shall expire if:
G.
Standards for a solar energy system.
(1)
Building-mounted solar energy systems:
(a)
Shall not extend beyond the exterior perimeter of the building
roof or wall;
(b)
Any ground-mounted battery storage, converter, or invertor shall
be located inside a building, or may be located in the side or rear
yards of the building, with proper screening, if approval is given
by the Zoning Administrator;
(c)
The Village is not responsible to remove or force the removal
of any structures or vegetation on adjacent properties that may exist
at the time of installation or may be constructed or installed in
the future to block any portion of the solar energy system. Owners
of solar energy systems may apply for a solar access permit as described
below.
(2)
Ground-mounted solar energy systems:
(a)
Shall not have a height of greater than 10 feet when oriented
at maximum tilt. The grades that surround the solar energy system
shall not be artificially elevated to bring in fill as to elevate
the system higher than the existing grades on the property;
(b)
Shall not be located in the front or side yards of the property;
(d)
Shall not be located within the 100-year floodplain;
(e)
Landscaping or screening shall be required to screen the system
and must be approved by the Zoning Administrator on a case-by-case
basis;
(f)
All electrical wires associated with the solar energy system,
other than wires necessary to connect the system, grounding wires,
etc., shall be located underground;
(g)
Shall be properly installed and secured to the ground pursuant
to the manufacturer's requirements;
(h)
Land under and surrounding the system shall be properly manicured
and maintained;
(i)
Any ground-mounted battery storage, converter, or invertor shall
be located inside a building, or may be located in the side or rear
yards of the building, with proper screening, if approval is given
by the Zoning Administrator;
(j)
The Village is not responsible to remove or force the removal
of any structures or vegetation on adjacent properties that may exist
at the time of installation or may be constructed or installed in
the future to block any portion of the solar energy system.
H.
Additional standards for a solar energy farms.
(1)
All solar energy farms shall obtain a conditional use permit. In
addition to the requirements set forth above, all solar energy farms
must submit the following with their conditional use permit application:
(a)
The anticipated usable life of the solar energy farm, consistent
with the manufacturer's recommendations and guidance;
(b)
A description of the duration of the lease or agreement entered
into with the property owner or solar energy company installing the
solar energy farm;
(c)
A road/street usage plan detailing what Village roads and streets
will be used during the initial construction of the solar energy farm,
and further detailing ongoing street usage during the solar energy
farm's usable life;
(d)
A reclamation plan to describe, in detail, removal of the solar
energy farm from the property at the end of the solar energy farm's
usable life;
(e)
A performance or surety bond equal to a written estimate to
repair all Village streets used or damaged during the construction
of the solar energy farm; and
(f)
A performance or surety bond equal to a written estimate to
remove the solar energy farm when the system is no longer in operation.
The Village shall be named as obligee in the bond and the Village
must approve the bonding company and bond format.
(2)
Solar energy farms shall be assessed to the extent permitted by law.
(3)
Solar energy farms shall be required to pay, as applicable, the public
utility distribution, license fee, state taxation fees, and other
monetary obligations to the Village as and to the extent required
by law.
(4)
The Zoning Administrator shall be notified, in writing, within at
least 60 days of any ownership transfers or sales of any solar energy
farm.
I.
Abandonment and removal.
(1)
Abandonment. When a solar energy system is no longer in operation
or producing energy, the owner shall notify the Zoning Administrator
in writing. Any solar energy system that has not operated for a continuous
period of 12 months shall be considered abandoned. If notice is not
provided to the Zoning Administrator, the Zoning Administrator may
issue a notice of abandonment to the owner of the solar energy system
that it has been deemed by the Zoning Administrator the solar energy
system has been abandoned. The owner shall have the right to respond
to the notice of abandonment within 30 days after receipt of notice.
The Zoning Administrator may withdraw the notice of abandonment and
notify the owner that the notice has been withdrawn if the owner provides
information that demonstrates the solar energy system has not been
abandoned.
(2)
Removal. If the solar energy system is determined to be abandoned,
the owner of the system shall remove the solar collectors and all
other equipment related to the solar energy system, at the owner's
sole expense within three months of the receipt of the notice of abandonment.
If the owner fails to remove the solar energy system, the Zoning Administrator,
on behalf of the Village, may pursue legal action to have the solar
energy system removed at the owner's expense and restore the
building or property as necessary.
J.
Limitations upon authority. The Village review and action as described
in this section is subject to the limitations imposed by Wis. Stats.,
§ 66.0401. In the event an applicant or owner believes the
Village has exceeded its authority in this regard, the applicant or
owner shall notify the Village and the Village may reconsider the
matter. In that event, the Village may modify the requirements of
this section on a case-by-case basis if, and only to the extent, such
modification is necessary to ensure that applicable laws are followed.
