Home occupations and professional offices, when incidental to
the principal residential use, situated in the same building, and
carried on by the residential occupant, are subject to the following
conditions:
A. Such uses shall not occupy more than 20% of the assessed floor area
of the principal structure in which it is located.
B. Such use shall not employ more than one person not a resident on
the premises.
C. No such use shall be permitted which normally necessitates the coming
of the customer or client to the premises, or customer presence on
the premises while the service is being performed, or otherwise generates
pedestrian or vehicular traffic incompatible with the rural or residential
character of the neighborhood, except for teaching or tutoring academic
subjects, or the studios where dancing, music or other art instruction
is offered to no more than two pupils at one time.
D. Any off-street parking area provided shall be maintained reasonably
dustless, and adequately screened from adjoining residential properties.
E. Such use shall not include the conduct of any retail or wholesale
business on the premises, nor the removal of sand, gravel, stone,
topsoil, or peat moss for commercial purposes.
F. There shall be no exterior indication that the dwelling is being
used for any other purpose than a dwelling.
G. Such use shall not include the operation of any machinery, tools
or other appliances, or the outside storage of materials, or other
operational activity which would create offensive noise, vibration,
sound, smoke, dust, odors, heat, glare, X-rays or electrical disturbances
to radio or television instruments, or be otherwise incompatible to
the surrounding residential area.
H. A name plate not in excess of one square foot in area shall be permitted.
I. A home occupation shall not be interpreted to include barber shops,
beauty shops, auto repairing, antique shops, restaurants or similar
occupations or professions.
For the purposes of this section, the term "fence" applies to
fences, wall, hedges, berms, and similar such structures as determined
by the Zoning administrator and defined in this chapter.
A. Location.
(1) All fences, walls, hedges, berms, or shrubbery must be separated
from all lot lines by at least two feet.
(2) All fences paralleling buildings and other structures must be erected
such that there is a minimum of two feet of clearance between the
fence and structure.
(3) The owner shall be responsible for properly locating all property
lines before construction of any fence.
(4) Fences or walls shall comply with the vision corner requirements
of this chapter.
B. Orientation. The finished side of the fence shall be erected to face
the adjoining property. The side with protruding studs or posts shall
face the building of the lot responsible for the erection of the fence.
C. Height measurement. Fence height shall be measured from natural or
approved grade. In the case of grade separation, such as the division
of properties by a retaining wall, fence or hedge height shall be
determined based on measurement from the average point between highest
and lowest grade. If the fence or hedge is set back from the retaining
wall by a distance of at least four feet, the height shall be measured
from the base of the fence or hedge. Berms and retaining walls shall
not be used to increase grade relative to screening height.
D. Residential zoning districts.
(1) Materials and structure.
(a)
Fence material must be either naturally resistant or treated
wood board, vinyl, galvanized and/or vinyl-coated chain-link material,
wrought iron, brick, natural stone, or masonry.
(b)
Barbed wire, electrical, and single-, double- or triple-strand
fences are prohibited.
(c)
No fence shall have sharp or pointed pickets or other elements
deemed by the Zoning Administrator to be dangerous to health.
(2) Height.
(a)
Street yard.
[1]
Screening fence. The maximum height of a screening fence or
screening hedge within a required front or street yard setback (both
primary and secondary) shall not exceed four feet in height.
[2]
Ornamental fence. The maximum height of an ornamental fence
located in a street yard is four feet if the fence is less than 50%
opaque, and six feet if the fence is less than 20% opaque.
(b)
Side and rear yards.
[1]
Screening fence. The maximum height of a screening fence or
screening hedge within required side yard and rear yard setbacks shall
not exceed six feet. Screening fences around swimming pools shall
not exceed eight feet.
[2]
Ornamental fence. An ornamental fence may exceed six feet in
height but shall not exceed eight feet in height.
(c)
Boundary fence. A screening fence or screening hedge of up to
eight feet in height may be placed on a district boundary line between
a residential district and a nonresidential district or where adjacent
to a public utility or public service use.
(d)
Hedges, shrubbery, trees lines, and other such natural barriers
may grow to their natural height.
E. Nonresidential zoning districts.
(1) Height.
(a)
Street yard. The maximum height of a screening fence or screening
hedge shall not exceed four feet.
(b)
Side and rear yards. The maximum height of a screening fence
or screening hedge shall not exceed eight feet.
F. Exceptions.
(1) Temporary fencing, including the use of wood or plastic snow fences
for the purposes of limiting snow drifting between November 1 and
April 1, protection of excavation and construction sites, and the
protection of plants during grading and construction is permitted
for a time period consistent with an approved building permit or up
to 180 consecutive days per calendar year.
(2) Protective security and boundary fences on industrial sites, publicly
owned lands, utility substations, etc. are excluded from the height
provisions of this section, except that where such fences incorporate
the use of barbed wire, such barbed wire shall not be less than seven
feet above the ground level, and except such fences shall be a minimum
of 2/3 open to vision equally distributed throughout the fence length,
and maintain allowable height when located within the defined vision
corner.
G. Maintenance. Both the fence and the property surrounding both sides
of the fence shall be properly maintained in good repair to structure
and appearance at all times.
H. Permit required. A site plan permit or amendment to an existing site
plan permit is required for all fences regulated under this section,
except for temporary seasonal fences (e.g., snow fences).
The following regulations shall apply to all zoning districts
in the Village:
A. Exemptions. The following are exempted from the requirements of this
section, provided all required permits, as applicable, are obtained
from the Zoning Administrator.
(1) Pools, both public and private.
(3) Detention ponds being constructed as part of a Village-approved stormwater
management system as long as they are designed and constructed in
accordance with the set standards of Brown County, EPA, and DNR.
B. Districts allowed. Artificial bodies of water are allowable in all
zoning districts with an approved site plan permit.
C. Site plan required. Applications shall include a site plan scaled
to at least one inch equaling 200 feet with the following information
contained on the site plan:
(1) A map showing the location of the premises and the adjoining properties
within 500 feet.
(2) Topography of the site at two-foot intervals.
(3) Any existing or proposed residential lots, buildings, easements,
property lines, and setbacks.
(4) Any existing waterways, floodways, or tile lines.
(5) A scaled cross-section view of the artificial body of water in a
north-south and east-west direction depicting slopes, safety benches,
depths, and high- and low-water levels.
(6) Outflow design with calculations.
(8) The source of water supply for residential dwellings (if appropriate)
and the method(s) of maintaining low-water levels.
(9) Proposed truck and machinery access to the site.
(10)
Approximate amount of earth material to be excavated or moved
off site.
(11)
Proposed site design depicting two-foot contour intervals.
(12)
Proposed grading and seeding of the site after completion of
the excavating. All seeding and grading must be completed within six
months after construction.
(13)
Designated hours of operation during construction of pond or
artificial lake.
(14)
The type of sanitary facilities to be installed if residential
development is to take place.
D. Design standards.
(1) All artificial bodies of water shall be designed within the scope
of this article. Where no minimum water level is to be maintained,
the slope of the bottom may not exceed three feet horizontal to one
foot vertical and the depth may not exceed four feet. When the artificial
body of water is greater than four feet in depth, a six-foot horizontal
bench shall be constructed four feet below the normal high-water level.
A slope greater than 3:1 will only be acceptable below the six-foot
horizontal bench.
(2) All artificial bodies of water shall have an outflow to maintain
the maximum normal water level. The size of this outflow shall be
determined by design and shall be capable of removing one inch of
water from the surface of the entire pond every 12 hours. The minimum
size of the outflow pipe shall not be less than eight inches in diameter.
A ditch or swale may be considered a substitute for a culvert as an
outflow. Outflows shall not flow directly onto adjacent parcels of
property. Outflow discharge may cross adjacent parcels through a natural
existing waterway only, but in no case shall this discharge create
a waterway or a nuisance. A safety buffer area with a slope of 3:1
or less shall be established and maintained from the outfall normal
high-water level. This area shall be no less than three feet horizontal
measured from the water's edge.
(3) All artificial bodies of water shall have a minimum and maximum water
level established and sealed with one of the following procedures:
(4) A minimum of one foot of freeboard shall be maintained above the
maximum high-water level.
(5) The minimum side and rear setback shall be 75 feet. Front setbacks
and corner side setbacks shall be 75 feet.
(6) The Village of Denmark may, at its discretion, require fencing. Where
such fencing is required, the following criteria shall be used:
(a)
A structural fence no less than four feet in height and no less
than four feet from the water's edge at the high-water line shall
be provided. It shall be constructed as not to have openings, holes,
or gaps larger than four inches in any dimension except for doors
or gates. If a picket fence is erected or maintained, the horizontal
dimensions shall not exceed four inches. All gates or doors 48 inches
or less in width opening through such enclosure shall be equipped
with a self-closing and self-latching device for keeping the gate
or door securely closed at all times when not in actual use. All gates
or doors over 48 inches in width opening through such enclosures shall
be kept securely latched at all times when unsupervised.
(b)
Side-load pressure must withstand 200 pounds of lateral pressure.
(7) The groundwater table in the surrounding area and adjacent to the
artificial body of water shall be protected. No residential well water
shall be used to fill the artificial body of water.
(8) Village and state permits shall be required if high-capacity wells
are drilled on the site. Location of all wells shall be provided on
the site plans. Well logs shall be provided to the Village after completion
of the well.
(9) Temporary fencing shall be provided as soon as slopes of greater
than 3:1 are developed during construction and shall be maintained
until minimum water level is obtained.
(10)
No screening, sifting, washing, crushing, or other forms of
mineral processing shall be conducted upon the premises unless it
is located more than 500 feet from a residential dwelling and until
completion of the project or three months, whichever is less.
(11)
At all stages of operations, proper drainage shall be provided
to prevent the collection or growth of vegetation not depicted on
the approved plan (weeds and cattails), stagnation of water, and to
prevent harmful effects and odors upon surrounding properties. The
artificial body of water shall be maintained at all times in accordance
with the approved plan. No deviation shall be created from the approved
plan without the written approval from the Village of Denmark.
(12)
The premises shall be excavated and graded in conformity with
the plan as approved. Any deviation from the plan shall be cause for
the Village to revoke the permit.
(13)
No fixed machinery shall be erected or maintained within 200
feet of any property or street line. Truck access to the excavation
shall be so arranged as to minimize danger to traffic and nuisance
to surrounding property.
(14)
Erosion control measures shall follow the Wisconsin Department
of Natural Resources Construction Site Best Management Practices Handbook
and Technical Standards.
(15)
The Village of Denmark retains the right to require any other
and/or future restrictions as deemed necessary to protect the health,
safety, and welfare, and a proper land use fit to the surrounding
area.
(16)
The Village of Denmark retains the right to hire an engineer
licensed in the State of Wisconsin, at its discretion, to verify any
artificial body of water design or calculation. All Village-incurred
engineering costs related to the body of water shall be the sole responsibility
of the owner.
(17)
Any artificial body of water constructed shall comply with the
regulations set forth by all applicable federal, state, county, and
local jurisdictions.
(18)
A performance bond may be required to be filed with the Village
Board prior to the start of construction. The amount of bond per acre
shall be specified by the Village Board of Denmark.
(19)
The Village shall not approve the application for the conditional
use permit unless it is assured that the proposed artificial body
of water will not adversely affect adjoining properties or the environment
and shall not cause future land use conflicts.
E. Inspections. The owner shall call for the following required inspections
24 hours in advance.
(1) Site inspection. A site inspection by Village staff shall be made
prior to any excavation. Property lines adjacent to the excavation,
easements, proposed excavation boundaries, and outflow termination
point shall be clearly marked for site approval.
(2) Excavation inspection. Any excavation inspection shall be made by
Village staff after all slopes are established and prior to the excavation
filling with water. If the excavation fills with water, the Village
reserves the right to require the water removed to perform the required
inspections. All costs associated with removing the water shall be
the sole responsibility of the owner.
(3) Final inspection. Final inspection by Village staff shall be made
when all fencing is in place (if required) and the pond has reached
its minimum water level.
F. Maintenance.
(1) The owner of any land on which a artificial body of water shall exist
is required to maintain that land and body of water within the limits
of this article.
(2) A maintenance agreement shall be filed with the Village and shall
carry with the property.
G. Permit fees.
(1) Permit fees shall be established and charged as per the Village fee
schedule.
(2) A construction deposit, performance bond, or irrevocable letter of
credit shall be required as per the Village of Denmark Code.
Travel trailers, recreational vehicles, camping vehicles, trailered
boats, trailered all-terrain/utility terrain vehicles, and similar
such vehicles may be parked or stored on any property within the Village
only under the following conditions:
A. In all residential districts, it is permissible to park said vehicles
on private property in the following manner:
(1) Parking is permitted inside any enclosed, lawfully erected structure.
(2) One such vehicle may be stored on a year-round basis in the rear
yard or side yard outside of the required setbacks of the zoning district
of the lot.
(3) All such vehicles with a weight of 3,000 pounds or more shall be
parked on a hard-surfaced driveway of asphalt or cement.
B. Such vehicles parked outside for more than 21 days in a calendar
year must be owned by the property owner and must have current licenses,
registration, or tags.
C. Such vehicles shall not be used for living quarters or connected
to water or sanitary sewer.
D. No such vehicle may be parked within the street yard or on any public
street for more than 12 consecutive hours.